CRITERIA FOR SOLID WASTE DISPOSAL FACILITIES
A GUIDE FOR OWNERS/OPERATORS


This booklet summarizes the provisions of the U.S. Environmental
Protection Agency's (EPA's) Municipal Solid Waste Landfill
(MSWLF) Criteria. It discusses the major requirements of these
regulations, who is required to comply and when, how the rule
will be implemented and enforced, and where to obtain more
information. States and Indian tribes are expected to adopt these
federal standards and implement the regulations through their own
permit programs. This booklet highlights the increased
flexibility given to states and tribes that develop EPA-approved
programs.

This booklet provides only an overview of the federal
regulations. Readers affected by them should refer to the actual
regulations, which are published in Volume 40 of the Code of
Federal Regulations, Part 258 (see the Federal Register, October
9, 1991, 56FR50978). The Agency encourages landfill
owners/operators to work with their respective state or tribal
authorities, since state and tribal programs may have different
requirements.

Although written primarily for owners/operators of municipal
solid waste landfills, this booklet also will be useful for
others, including state and tribal government officials, who are
responsible for implementing the regulations.


INTRODUCTION

The problems caused by municipal solid waste landfills have
become a source of public concern in recent years. As Americans
have become more aware of the potential threat to health and the
environment from toxic substances, they also have become more
concerned about the generation and management of solid waste--
sometimes to the point of refusing to allow new landfills near
their homes. Americans are generating more municipal solid waste
each year, but available landfill space is declining. In 1990,
Americans generated over 195 million tons of municipal solid
waste, and the annual amount is expected to increase to more than
220 million tons by 2000.

To make waste management more effective, federal, state, tribal,
and local governments are adopting an integrated approach to
waste management. This strategic approach involves a mix of three
waste management techniques: 1) decreasing the amount and/or
toxicity of waste that must be disposed of by producing less
waste to begin with (source reduction); 2) increasing recycling
of materials such as paper, glass, steel, plastic, and aluminum,
thus recovering these materials rather than discarding them; and
3) providing safer disposal capacity by improving the design and
management of incinerators and landfills.

Source reduction and recycling will keep a lot of waste out of
municipal landfills, but we still need landfills. The challenge
is to make them safe in order to protect our communities and our
environment--and that requires a strong partnership of federal,
state, and tribal governments; industry; and citizens.

EPA's continuing mission is to minimize the risks from landfills.
The criteria described in this booklet are an important part of
this effort. They establish minimum national standards for
landfill design, operation, and management that will enhance
landfill safety and boost public confidence in landfills as a
component of a workable integrated waste management system.


THE PURPOSE OF THESE REGULATIONS

Historically, landfills have been associated with some
significant problems, including ground-water contamination, which
partly explains the public's resistance to new facilities.

Ground-water contamination. 
Nearly half the country's population draws its drinking water
from aquifers and other ground-water bodies. Ground water also is
used extensively for agricultural, industrial, and recreational
purposes. Landfills can contribute to the contamination of this
valuable resource if they are not designed to prevent waste
releases into ground water or detect them when they occur.
Cleaning up contaminated ground water is a long and costly
process and in some cases may not be totally successful. Affected
communities often bear both the cleanup costs and the expense of
providing other sources of potable water. By adopting a
philosophy of prevention, the regulations' improved design
standards will protect ground water.

Difficulties in landfill siting. 
The problem of managing the increased volume of municipal solid
waste is compounded by rising public resistance to siting new
landfills. The regulations are designed to ensure that new or
expanded landfills do not contaminate ground water and thus
become community burdens. As a result, they protect the intrinsic
value of ground water and can help avert the pressures associated
with landfills that can drive down property values.

Specific prevention measures written into the regulations include
location restrictions, operating and design criteria, and
requirements for final cover and post-closure care. The
regulations also require ground-water monitoring to detect any
releases of contaminants from landfills. Corrective action and
financial assurance provisions ensure immediate and effective
responses to such releases.

EPA has carefully considered the impacts of the regulations on
local governments. Where possible, EPA has written the
regulations to allow flexibility in both the technical
requirements and their implementation. For example, the
regulations provide relief from the more costly requirements for
certain small landfills. Moreover, states and tribes with
EPA-approved landfill permitting programs are given the
opportunity to provide considerable flexibility in applying all
major components of the landfill criteria, so that site-specific
conditions can be considered in such areas as design and
ground-water monitoring.


*Some Definitions Under the Regulations*

Municipal solid waste landfill (MSWLF): 
A discrete area of land or an excavation that receives household
waste, and that is not a land application unit, surface
impoundment, injection well, or waste pile, as those terms are
defined in the law. (Household waste includes any solid waste,
including garbage, trash, and septic tank waste derived from
houses, apartments, hotels, motels, campgrounds, and picnic
grounds.) An MSWLF unit also may receive other types of wastes as
defined under Subtitle D of the Resource Conservation and
Recovery Act (RCRA), such as commercial solid waste, nonhazardous
sludge, small quantity generator waste, and industrial solid
waste. Such a landfill may be publicly or privately owned. An
MSWLF unit can be a new unit, an existing unit, or a lateral
expansion (see definitions below).

Existing unit: 
A municipal solid waste landfill unit that is receiving solid
waste as of October 9, 1993. Waste placement in existing units
must be consistent with past operating practices or modified
practices to ensure good management.

Lateral expansion: 
A horizontal expansion of the waste boundaries of an existing
unit; does not include expansion in the vertical dimension.

New unit: 
Any municipal solid waste landfill unit that has not received
waste prior to October 9, 1993.

Small landfill: 
A landfill serving a community that disposes of less than 20 tons
of municipal solid waste per day, averaged yearly.


WHO IS COVERED?

The regulations apply to owners/operators of all municipal solid
waste landfills that receive waste on or after October 9, 1993.
Landfills that stop accepting waste between October 9, 1991, and
October 9, 1993, need only comply with the requirements for final
cover (see page 16). Landfills that stopped accepting waste
before October 9,1991, do not need to comply with these
regulations.

The regulations apply to landfills that accept household waste,
which means any solid waste (including garbage, trash, and
sanitary waste in septic tanks) derived from households
(including single and multiple residences, hotels and motels,
bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds, and day-use recreation areas). They do not apply to
units (including landfills, surface impoundments, waste piles,
and land application units) that accept only industrial
nonhazardous waste (e.g., construction/demolition landfills).
(Owners/operators of these units would be required to comply with
the provisions of 40 CFR Part 257.)

As mentioned, owners/operators of certain small landfills may be
eligible for exemption from the regulations governing design,
ground-water monitoring, and corrective action. See the section
entitled "Exemptions for Small Landfills," page 5.


WHEN DO THE REQUIREMENTS APPLY?

The requirements concerning location restrictions, design
criteria (new and lateral expansion units only), operating
criteria, and closure/post-closure care are effective October 9,
1993. Ground-water monitoring and corrective action requirements
are effective three, four, or five years after October 9, 1991,
depending on a unit's proximity to drinking water intakes (see
sidebar, page 15). The financial assurance requirements are
effective April 9, 1994.  These dates reflect the requirements of
the federal MSWLF criteria. Contact your state or tribal
authority to determine specific state/tribal effective dates.


IMPLEMENTATION OF THE REGULATIONS: FEDERAL, STATE, TRIBAL, AND
OWNER/OPERATOR RESPONSIBILITIES

Implementation by approved states and Indian tribes 

States and tribes are entitled to develop their own permitting
programs incorporating the federal landfill criteria to ensure
that owners/operators are complying. States and tribes also may
establish requirements that are more stringent than those set by
the federal government. EPA's role is to review and approve these
programs.

EPA is developing the State/Tribal Implementation Rule, which
will delineate the requirements for receiving EPA approval. For
permit programs to be considered adequate, a state or tribe must
have the capability of issuing permits or some other form of
prior approval, and must establish conditions requiring
owners/operators to comply with the landfill regulations. A state
or tribe must also be able to ensure compliance through
monitoring and enforcement actions and must provide for public
participation.

By securing approval for its program, a state or tribe has the
opportunity for more flexibility and discretion in implementing
the criteria according to local needs and conditions.
Owners/operators located in a jurisdiction with an approved
program may benefit from this potential flexibility, which
extends to all parts of the regulations (see box, page 6).

Implementation in states/tribes without approved programs 

EPA expects that although most states will be approved by the
effective date of the rule, some simply may not apply. In these
cases, owners/operators are required to implement the federal
regulations. Each owner/operator must document compliance and
supply this documentation to the state or tribe on request.
Owners/operators must comply with state/tribal requirements.

Citizen roles 

While state, tribal, and local governments are responsible for
ensuring compliance with their waste programs, private citizens
play an important role, too. Individuals can help ensure that
facilities comply with state or tribal rules and regulations
through such activities as participating in any public meetings
regarding landfill siting and permit issuance, and working
closely with their responsible state, tribal, and local
officials. Citizens also have the right to sue landfill
owners/operators who are not in compliance with the federal
regulations.


EXEMPTIONS FOR SMALL LANDFILLS

Approximately 6,000 municipal landfills are potentially subject
to the criteria. Quite a few-- nearly 50 percent--are defined as
"small" landfills, meaning they receive an average of no more
than 20 tons of municipal solid waste per day (figured annually).
These landfills generally serve communities of fewer than 10,000
people.

The landfill design, ground-water monitoring, and corrective
action provisions required under the criteria are likely to be
expensive. Small communities might be unable to spread these
costs among many users, thereby leading to significant increases
in per capita disposal assessments.

The regulations are designed to provide the opportunity for some
relief from the more costly requirements without compromising
human health or the environment. An owner/operator of a small
landfill may be exempted from the design, ground-water
monitoring, and corrective action requirements under two
circumstances:

1) There is no evidence of ground-water contamination, the
community has no practical waste management alternative, and the
landfill is located in an area that receives less than 25 inches
of precipitation annually.

2) There is no evidence of ground water contamination and the
community undergoes an annual interruption of surface
transportation, lasting at least three consecutive months, that
prevents access to a regional facility. This exemption is less
widespread since, for example, it may be more applicable to
certain communities in rural Alaska.

These exemptions are available to qualifying small landfills in
all states or tribal jurisdictions, even those without
EPA-approved permitting programs, providing the state or tribal
program does not restrict the exemption.

(The exemptions supplement the flexibility in implementing the
regulations given all communities in states and tribal
jurisdictions with approved programs. See page 6.)

Owners/operators qualifying for exemptions must show why they
qualify and include the documenting information in their
operating records. Owners/operators are also required to comply
with all other MSWLF regulations, including the location,
operation, closure and post-closure, and financial assurance
provisions.

If the owner/operator of an exempt facility learns of
ground-water contamination at the site, the exemption is no
longer applicable and the owner/operator must comply with the
requirements for design, ground-water monitoring, and corrective
action.


*Areas of Flexibility for EPA-Approved States and Tribes*

States and tribes with approved permitting programs have the
opportunity to provide owners/ operators additional flexibility.
Some examples of this flexibility are listed below.

Approved states or tribes may:

Location:
* Allow siting of new and laterally expanding landfills in
wetlands, providing certain conditions are met.

* Extend deadlines for closure of existing landfills that do not
comply with the unstable area, floodplain, and airport safety
provisions.


Operation:

* Allow use of alternative cover materials.

* Grant temporary waivers of cover requirement.


Design:

* Approve landfill designs appropriate for site-specific
conditions.


Ground-water monitoring:

* Establish alternative schedules for existing landfills and
lateral expansions of existing landfills to comply with
ground-water monitoring.

* Establish a site-appropriate boundary (or relevant point of
compliance) for groundwater monitoring (and corrective action and
design).

* Allow use of a multi-unit ground-water monitoring system,
instead of separate monitoring systems for each unit at a
facility.

* Modify list of detection monitoring parameters (Appendix I
constituents).

* Approve an alternative frequency for detection monitoring.

* Modify list of assessment monitoring parameters (Appendix II
constituents).

* Specify alternative frequencies for assessment monitoring.

* Establish Ground-water Protection Standards for any constituent
for which a Maximum Contaminant Level has not been established.


Corrective action:

* Determine that cleanup of a particular Appendix II constituent
is not necessary.

* Specify an alternative time period defining the end of
corrective action.


Closure and post-closure care:

* Approve use of an alternative final cover.

* Grant extensions beyond specified deadline for beginning
closure activities.

* Grant extensions beyond specified deadline for completing
closure.

* Reduce or increase the 30-year post-closure care period.


Financial assurance:

* Approve use of alternative financial assurance mechanisms.


COMPLYING WITH THE REGULATIONS

The regulations describe six categories of criteria for municipal
solid waste landfills:

1)Location

2)Operation

3)Design

4)Ground-water monitoring and corrective action

5)Closure and post-closure care

6)Financial assurance

Owners/operators are responsible for reviewing the criteria to
determine which of the provisions apply to their landfill(s).
(Owners/operators should refer to EPA's Technical Manual for
Solid Waste Disposal Facility Criteria for details.) They should
also bear in mind that state or tribal programs might include
provisions that do not mirror the federal provisions discussed
below. Owners/operators are therefore encouraged to work with
their state and tribal regulators in complying with the
regulations.


Location 

There are six location restrictions that apply to municipal
landfills. Owners/operators must demonstrate that their units
meet the criteria and keep the demonstration documents in the
facility operating record.

If an owner/operator cannot show compliance with the airport
safety, floodplain, or unstable-area provisions, the unit must be
closed by October 9, 1996. However, states and tribes with
EPA-approved programs can extend this deadline by as much as two
years when no alternative waste management capacity exists and
there is no immediate threat to human health and the environment.

Restricted areas include:

1. Airports 
The owner/operator of a municipal landfill located within 10,000
feet of the end of any airport runway used by turbojet aircraft,
or within 5,000 feet of any airport runway used only by piston--
type aircraft, must demonstrate that the unit does not pose a
bird hazard.

If an owner/operator plans to build a new unit or laterally
expand an existing unit within 5 miles of any airport, the
airport and the Federal Aviation Administration must be notified.

2. Floodplains 
Units located in 100-year floodplains cannot restrict the flow of
the 100-year flood, reduce the temporary water storage capacity
of the floodplain, or allow the washout of solid waste.

3. Wetlands 
In general, owners/operators of new or expanding municipal
landfills may not build or expand in wetlands. However, states or
tribes with EPA-approved permitting programs can make exceptions
for units able to show:

* No siting alternative is available.

* Construction and operation will not (1) violate applicable
state/tribal regulations on water quality or toxic effluent; (2)
jeopardize any endangered or threatened species or critical
habitats; or (3) violate protection of a marine sanctuary.

* The unit will not cause or contribute to significant
degradation of wetlands.

* Steps have been taken to achieve no net loss of wetlands by
avoiding effects where possible, minimizing unavoidable impacts,
or making proper compensation (e.g., restoring damaged wetlands
or creating man-made wetlands).

4. Fault areas 
New units or lateral expansions are generally prohibited within
200 feet of fault areas that have shifted since the last Ice Age.
However, the director of an approved state or tribal program may
allow an alternative setback distance of less than 200 feet if
the owner/operator can show that the unit will maintain
structural integrity in the event of a fault displacement.

5. Seismic impact zones 
When a new or laterally expanding unit is located in a seismic
impact zone, its containment structures (liners, leachate
collection systems, surface-water control systems) must be
designed to resist the effects of ground motion due to
earthquakes.

6. Unstable areas 
All owners/operators must show that the structure of their units
will not be compromised during "destabilizing events," including

*Debris flows resulting from heavy rainfall.

*Fast-forming sinkholes caused by excessive ground-water
withdrawal.

*Rockfalls set off by explosives or sonic booms.

*The sudden liquification of the soil after a long period of
repeated wetting and drying.


Operation 

All owners/operators must comply with the requirements for proper
management of municipal solid waste landfills. These cover a
range of procedures, including:

1. Receipt of regulated hazardous waste
The owner/operator must set up a program to detect and prevent
disposal of regulated quantities of hazardous wastes and
polychlorinated biphenyl (PCB) wastes. The program must include
procedures for random inspections, record keeping, training of
personnel to recognize hazardous and PCB wastes, and notification
of the appropriate authorities if such waste is discovered at the
facility.

2. Cover material 
The owner/operator must cover disposed solid waste with at least
6 inches of earthen material at the end of each operating day to
control vectors, fires, odors, blowing litter, and scavenging. An
approved state or tribe may allow an owner/operator to use an
alternative cover material or depth, and/or grant a temporary
waiver of the cover requirement (if local climate conditions make
such a requirement impractical).

3. Vectors 
The owner/operator is responsible for controlling vector
populations. Vectors include any rodents, flies, mosquitoes, or
other animals or insects capable of transmitting disease to
humans. Application of cover at the end of each operating day
generally controls vectors.

4. Explosive gases 
The owner/operator must set up a program to check for methane gas
emissions at least every three months. If the limits specified in
the regulations are exceeded, the owner/operator must immediately
notify the state/tribal director (that is, the official in the
state or area responsible for implementing the landfill criteria)
and take immediate steps to protect human health and the
environment. The owner/operator also must develop and implement a
remediation plan within 60 days. States and tribal jurisdictions
with approved programs may alter this interval.

5. Air quality 
Open burning of waste is not permitted except for infrequent
burning of agricultural waste, silvicultural waste, land-clearing
debris, diseased trees, or debris from emergency clean-up
operations. Owners/operators must comply with the applicable
requirements of their State Implementation Plans for meeting
federal air quality standards.

6. Access 
The owner/operator must control public access to prevent illegal
dumping, unauthorized vehicular traffic, and public exposure.
Artificial and/or natural barriers may be used to control access.

7. Storm water run-on/run-off 
The owner/operator must build and maintain a control system
designed to prevent storm waters from running on to the active
part of the landfill. The run-on control system must be able to
handle water flows as heavy as those expected from the worst
storm the area might undergo in 25 years.

The owner/operator also must build and maintain a surface water
run-off control system that can collect and control, at a
minimum, the surface water volume that results from a 24-hour,
25-year storm. Run-off waters must be managed according to the
requirements of the Clean Water Act, particularly with regard to
the restrictions on the discharge of pollutants into water bodies
and wetlands.

8. Surface water protection 
All landfills must be operated in a way that ensures they do not
release pollutants that violate the Clean Water Act, which
protects surface waters.

9.Liquids 
A landfill cannot accept bulk or noncontainerized liquid waste
unless (1) the waste is nonseptic household waste, or (2) it is
leachate or gas condensate that is recirculated to the landfill,
and the unit is equipped with a composite liner and leachate
collection system as described below under "Design."

Containers of liquid waste may be placed in the landfill only if
the containers: (1) are similar in size to those typically found
in household waste, such as cleaning, automotive, or home -
improvement products (i.e., containers such as 55-gallon drums
are excluded); (2) are designed to hold liquids for use other
than storage; or (3) hold only household waste (containers
collected in routine pickups from households).

10. Record-keeping 
Owners/operators are required to keep certain documents in or
near the facility, including:

*Location restriction demonstrations.

*Procedures for excluding hazardous waste.

*Gas monitoring results.

*Leachate or gas condensate system design documentation.

*Ground-water monitoring and corrective action data and
demonstrations.

*Closure and post-closure plans.

*Cost estimates and financial assurance documentation.


Design

The criteria for landfill design apply only to new units and
lateral expansions. (Existing units are not required to retrofit
liner systems.) The criteria give owners/operators two basic
design options.

First, in states and tribal areas with EPA-approved programs,
owners/operators may build their landfills to comply with a
design approved by the state/tribal director. In approving the
design, the director must ensure that it meets the EPA
performance standard, i.e., that Maximum Contaminant Levels
(MCLs) will not be exceeded in the uppermost aquifer at a
"relevant point of compliance." This point is determined by the
approved-state/tribal director, but it must be no farther than
150 meters from the landfill unit boundary and on land owned by
the landfill owner. (EPA has already set MCLs for a number of
solid waste constituents; see table.)

In reviewing these performance-based designs, approved states and
tribes also must consider other factors, such as the
hydrogeologic characteristics of the facility and surrounding
land, the local climate, and the amount and nature of the
leachate.

The second option is a design developed by EPA that consists of a
composite liner and a leachate collection system. In general,
landfills in states or tribal jurisdictions without EPA-approved
programs must use this design. The composite liner system
combines an upper liner of a synthetic flexible membrane and a
lower layer of soil at least 2 feet thick with a hydraulic
conductivity of no greater than 1 X 10-7 cm/sec. The leachate
collection system must be designed to keep the depth of the
leachate over the liner to less than 30 centimeters.

The criteria also provide an option for owners/operators in
nonapproved states or tribal jurisdictions to use the performance
standard (rather than the EPA design described above), providing
that both of the following conditions are met:

* EPA does not promulgate a State/Tribal Implementation Rule by
October 9, 1993.

* The state or tribe determines that the alternative design meets
the performance standard in the federal criteria; the state or
tribe petitions EPA to review this determination; and EPA does
not deny the determination within 30 days.


Ground-Water Monitoring and Corrective Action

This section sets criteria for ground-water monitoring systems,
programs for sampling and analysis of ground water, and
corrective action as necessary to ensure that human health and
the environment are protected. Here, as with the other provisions
in the federal criteria, approved states and tribes may adopt
programs with requirements that are more stringent than the
federal criteria. Again, owners/operators are encouraged to work
closely with their states or tribes.

Ground-water monitoring systems 
Generally, ground-water monitoring must be conducted at all MSWLF
units. Owners/operators must install enough ground-water
monitoring wells in the appropriate places to accurately assess
the quality of the uppermost aquifer (1) beneath the landfill
before it has passed the landfill boundary (to determine
background quality) and (2) at a relevant point of compliance
(downgradient). Owners/operators should consider the specific
characteristics of the sites when establishing their monitoring
systems, but the systems must be certified as adequate by a
qualified ground-water scientist or the director of an
EPA-approved state/tribal program.

In approved states and tribal jurisdictions, an owner/operator
may be able to obtain a variance from the ground-water monitoring
requirements if the owner/operator can demonstrate that the
landfill is located over a geologic structure that will prevent
hazardous constituent migration to the ground water. The
demonstration must show that no migration of constituents from
the unit will occur during the unit's life, including the closure
and post-closure care period.

Detection and assessment monitoring programs 
States and tribes with EPA-approved programs have the flexibility
to design ground-water monitoring programs that are well-suited
to the landfills operating in their area, and that may therefore
differ from the federal program. In states/tribes without an
approved permit program, owners/operators must follow the federal
regulations describing detection and assessment monitoring.

During detection monitoring, owners/operators must take
ground-water samples and analyze them for specific constituents
(as defined in the federal regulations or by the director of an
approved state/tribal program). Under the federal regulations,
sampling and analysis must be conducted at least twice a year.
Approved state/tribal programs may set alternative frequencies,
but sampling and analysis must be done at least annually. If
significant ground-water contamination is detected,
owners/operators may seek to demonstrate that the results are due
to contamination from other sources, sampling error, or natural
variation in ground-water quality. Otherwise, owners/operators
must notify the appropriate state/tribal official and begin
assessment monitoring.

The purpose of assessment monitoring is to determine the nature
and extent of ground-water contamination. During assessment
monitoring, ground-water must be analyzed both for constituents
detected initially and for other constituents (defined in the
federal criteria or by the director of an approved state/tribal
program). States and tribes with EPA-approved programs specify
the frequency for sampling and analysis conducted during
assessment monitoring. In nonapproved states and tribes, the
frequency is specified in the federal regulations. As in
detection monitoring, if ground-water analysis shows significant
contamination, owners/operators might be able to make the
determination that the landfill is not the source of the
contamination. If the owner/operator cannot make this
determination, then the ground water must be cleaned up (see
"Corrective Action" below). In EPA-approved states and tribes, it
must be cleaned up to levels specified by the state/tribal
director; in nonapproved states and tribes, contamination must
not exceed federal limits set for drinking water quality or
background levels.

The federal ground-water monitoring requirements are more complex
and technical than described here. A thorough explanation of the
regulations can be found in EPA's Technical Manual for Solid
Waste Disposal Facility Criteria.

Ground-water monitoring regulations in states and tribes with
EPA-approved programs may differ somewhat from the federal
regulations. Landfill owners/operators conducting ground-water
monitoring in nonapproved states and tribes must comply with the
federal regulations in addition to their state's or tribe's
regulations. In all cases, the owner/operator is encouraged to
work with his or her state or tribe to ensure compliance with all
applicable regulations.

The corrective action program 
Cleaning up ground water requires corrective action. The
owner/operator must assess corrective measures and select the
appropriate one(s). During corrective action, the owner/operator
must continue ground-water monitoring in accordance with the
assessment monitoring program.

While evaluating potential remedies, the owner/operator must hold
a public meeting to discuss them. Once the remedy has been
selected, the owner/operator is responsible for carrying it out.
During this period, a ground-water monitoring program must be
established to measure the effectiveness of the remedy. The
owner/operator must continue corrective action until compliance
with the clean-up standard has been met for three consecutive
years, although the director of an approved state or tribal
program may specify a different period.


Closure and Post-Closure Care 

The criteria establish specific standards for all
owners/operators to follow when closing a landfill and setting up
a program of monitoring and maintenance during the post-closure
period. The owner/operator must enter the closure and
post-closure plans into the landfill's operating records by
October 9, 1993, or by the initial receipt of waste, whichever is
later.

Owners/operators of landfills that stop receiving waste between
October 9, 1991, and October 9, 1993, must install final covers
that meet the federal criteria within six months of the last
receipt of waste. Here again, owners/operators should work with
their state or tribal program officials to ensure that all
applicable closure requirements are considered.

The final cover must be designed and constructed to have a
permeability less than or equal to the bottom liner system or
natural subsoils, or a permeability no greater than 1x10-5
cm/sec, whichever is lower. Thus, the regulation is in the form
of a performance standard that must be achieved by the
owner/operator.

The final cover must be constructed of an infiltration layer
composed of a minimum of 18 inches of earthen material to
minimize the flow of water into the closed landfill. The cover
must also contain an erosion layer to prevent the disintegration
of the cover. The erosion layer must be composed of a minimum of
6 inches of earthen material capable of sustaining plant growth.

When a landfill's bottom liner system includes a flexible
membrane or synthetic liner, the addition of a flexible liner in
the infiltration layer cover will generally be the only design
that will allow the final cover design to achieve a permeability
less than or equal to the bottom liner.

The director of an approved state or tribe may approve an
alternative final cover design that achieves an equivalent
reduction in infiltration and protection from erosion as the
design described above.

For 30 years after closure, the owner/operator is responsible for
maintaining the integrity of the final cover, monitoring ground
water and methane gas, and continuing leachate management.
(Approved states/tribes may vary this interval.)


Financial Assurance 

All units except those owned or operated by state or federal
government entities must comply with the financial assurance
criteria, which are effective April 9, 1994.

The owner/operator must demonstrate financial responsibility for
the costs of closure, post-closure care, and corrective action
for known releases. This requirement can be satisfied by the
following mechanisms:

* Trust fund with a pay-in period.

* Surety bond.

* Letter of credit.

* Insurance.

* Guarantee.

* State assumption of responsibility.

* Multiple mechanisms (a combination of those listed above).

Owners/operators of landfills in approved states or tribal
jurisdictions may also use other state-approved mechanisms.

EPA is currently developing provisions for four additional
financial mechanisms that owners/operators can use to satisfy the
financial assurance requirements: (1) a financial test for local
government owners/operators; (2) a financial test for corporate
owners/operators; (3) a guarantee for local governments that wish
to cover the costs of a municipal landfill for an owner/operator;
and (4) a guarantee for corporations that wish to cover the costs
of a landfill for an owner/operator.


*Location Criteria Summary*

Location     Applicability     Closure If Demonst'n Cannot Be Met
___________________________________________
Airport Safety     N,E,L     Yes

Floodplains     N,E,L     Yes

Wetlands     N,L     No

Fault Areas     N,L     No

Seismic Impact Zones     N,L     No

Unstable Areas     N,E,L     Yes

(N = New, E = Existing, L = Lateral Expansion)


*Maximum Contaminant Levels*
(as of October 9, 1991)

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     4
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


*Schedule for Implementing Ground-Water Monitoring*

An EPA-approved state or tribe can set its own schedule, provided
at least 50 percent of all the state's or tribe's units comply by
October 9, 1994, and all are in compliance by October 9, 1996.

If a state or tribe has not been approved by EPA,
owners/operators must comply with the following schedule for
installing ground-water monitoring systems:

* If a site is less than 1 mile in any direction from a drinking
water intake (whether surface or ground-water), by October 9,
1994.

* If the site is farther than 1 mile but less than 2 miles, by
October 9, 1995.

* If the site is more than 2 miles, by October 9, 1996.

New units must install monitoring systems prior to accepting any
waste.


*Closing a Landfill--and Beyond*

Owners/operators must follow certain procedures when dosing a
municipal landfill, including the following:

* The state or tribe must be notified prior to closure.

* A closure plan must be prepared.

* The final cover must consist of at least 18 inches of earthen
material of a specified permeability, with an erosion layer at
least 6 inches thick. (An approved state/ tribe may allow an
alternative cover design.)

* An independent certified engineer must certify that closure was
conducted in accordance with the plan.

* The deed of property must note that the property was used as a
landfill and that future use is restricted.

For 30 years following closure (or an alternative period
designated by an approved state or tribe), owners/operators are
responsible for maintaining the integrity of the final cover,
continuing to monitor ground water and methane, and continuing
leachate management.


CONCLUSION

The standards described in this booklet are federal minimum
requirements for owners/operators of MSWLF units. Readers should
understand that the regulation of municipal landfills is, and
will continue to be, primarily a state and tribal function.
States and tribes are therefore urged to revise their programs as
soon as possible to incorporate these criteria, so that they can
take advantage of the flexibility that accompanies program
approval.

Owners/operators are again reminded that state and tribal
programs may be more stringent than the federal criteria. They
should work closely with state or tribal program officials and
their regional EPA office to address questions about the
requirements.



FOR MORE INFORMATION

For more information about specific requirements for solid waste
landfills in your area, contact your state solid waste agency. If
you don't know how to reach them, call one of the resources
listed below.  While these
information centers are the best place to start collecting
information, it may still be useful to ask these contacts if some
other source may be able to give you additional help.



EPA RCRA Information Center (Docket) 

Maintains and tracks policy and guidance documents; provides
nontechnical assistance and written reference services; develops
and disseminates public information materials.

Hours: Monday-Friday, 9:00 a.m. to 4:00 p.m., EST 
Telephone: (202) 260-9327
Address: RCRA Information Center 
U.S. Environmental Protection Agency
401 M Street, SW. (OS-305) 
Washington, DC 20460


Solid Waste Assistance Program 

Collects and distributes information on all aspects of municipal
solid waste management.

Hours: Monday-Friday, 8:30 a.m. to 5:00 p.m., EST
Telephone: Toll-free--(800) 677-9424
Address: Solid Waste Assistance Program
P.O. Box 7219
Silver Spring, MD 20910


National Response Center

Accepts reports of oil and chemical spills or any other
environmental incident.

Hours: 24 hours a day, 365 days a year. 
Telephone: Toll-free--(800) 424-2675 
Washington metro area--(202) 426-2675


EPA Small Business Ombudsman 

Helps small businesses comply with environmental laws and EPA
regulations.

Hours: Monday-Friday, 8:30 a.m. to 5:00 p.m., EST 
Telephone: Toll-free--(800) 368-5888 
Washington metro area--(703) 305-5938


EPA REGIONAL CONTACTS

U.S. EPA Region 1
Waste Management Division (HEE-CAN 6)
JFK Federal Building
Boston, MA 02203
(617) 573-9656

U.S. EPA Region 2
Air & Waste Management Division (2AWM-SW)
26 Federal Plaza
New York, NY 10278
(212) 264-0002

U.S. EPA Region 3
RCRA Solid Waste Program (3HW53)
841 Chestnut Street
Philadelphia, PA 19107
(215) 597-7936

U.S. EPA Region 4
Waste Management Division (4WD-RCRA-FF)
345 Courtland Street, NE
Atlanta, GA 30365
(404) 347-2091

U.S. EPA Region 5
Waste Management Division (H-7J)
77 West Jackson Blvd.
Chicago, IL 60604
(312) 353-4686

U.S. EPA Region 6
RCRA Programs Branch
First Interstate Bank Tower
1445 Ross Avenue, Suite 1200
Dallas, TX 75202
(214) 655-6655

U.S. EPA Region 7
Waste Management Division
726 Minnesota Avenue
Kansas City, KS 66101
(913) 551-7666

U.S. EPA Region 8
Hazardous Waste Management Branch (HWM-WM)
999 18th Street, Suite 500
Denver, CO 80202-2466
(303) 293-1661

U.S. EPA Region 9
Hazardous Waste Management Division (H-3-1)
75 Hawthorne Street
San Francisco, CA 94105
(415) 744-2074

U.S. EPA Region 10
Hazardous Waste Division (HW-114)
1200 Sixth Avenue
Seattle, WA 98101
(206) 553-2857


The information in this document has been funded wholly or in
part by the United States Environmental Protection Agency (EPA)
under assistance agreement #X820495-01-0 to the Solid Waste
Association of North America. It has been subjected to the
Agency's peer and administrative review and has been approved for
publication as an EPA document. Mention of trade names or
commercial products does not constitute endorsement or
recommendation for use.