I

103D CONGRESS

1ST SESSION H. R. 2189

To provide for a delay in the effective date of certain regulations applicable

to municipal solid waste landfills under the Solid Waste Disposal Act.

IN THE HOUSE OF REPRESENTATIVES

MAY 19, 1993

Mr. SLATTERY introduced the following bill; which was referred to the

Committee on Energy and Commerce

A BILL

To provide for a delay in the effective date of certain regulations applicable to municipal solid waste landfills under

the Solid Waste Disposal Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Municipal Solid Waste

5 Landfill Relief Act of 1993’’.

6 SEC. 2. EXEMPTION OF CERTAIN EXISTING FACILITIES

7 FROM MEETING REVISED CRITERIA FOR

8 LANDFILLS.

9 (a) EXEMPTION.—During the 6-month period com10 mencing October 9, 1993, all municipal solid waste land-
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1 fills existing as of October 8, 1993, which meet the re2 quirements of the criteria applicable as of January 1,

3 1993, to such landfills under section 4004(a) of the Solid

4 Waste Disposal Act (42 U.S.C. 6944(a)) (as required by

5 section 4010(c) of such Act) shall be exempt from any re6 vised criteria established for such landfills.

7 (b) EXTENSION.—The Administrator of the Environ8 mental Protection Agency may upon application by a State

9 extend the exemption as provided in subsection (a) to

10 landfills in such State for up to an additional 12-month

11 period but not beyond April 1, 1995, if the Administrator

12 determines that the State has made a good faith effort

13 in complying with the Solid Waste Disposal Act. In mak14 ing this determination, the Administrator shall consider

15 each of the following:

16 (1) Whether the State has submitted its Sub17 title D Program for approval by October 1, 1993.

18 (2) Whether counties within the State have

19 completed development of solid waste management

20 plans.

21 (3) Whether counties have begun implementa22 tion of their solid waste management plans.

23 (4) Whether counties within the State have ne24 gotiated or begun negotiations for interlocal agree-
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1 ments for joint disposal of waste generated within

2 the counties.

3 (c) EXCEPTIONS.—No extension under this sub4 section shall apply to—

5 (1) any landfill at which total waste receipts ex6 ceed 100 tons per day on average over the term of

7 the extension;

8 (2) any landfill which accepts wastes other than

9 municipal solid waste;

10 (3) landfills which have expanded laterally, or

11 which place the waste into a new unit that is not in

12 compliance with the liner standards established pur13 suant to regulations of the Administrator under 40

14 C.F.R. 258.40 or with an approved State alternative

15 that meets the performance standard of 40 C.F.R.

16 258.40.

17 (d) PRIOR CRITERIA APPLICABLE DURING EXEMP18 TION PERIOD.—Landfills exempt from revised criteria as

19 provided in this section shall, during the exemption period,

20 be subject to the criteria applicable to such landfills as

21 of January 1, 1993.

22 (e) EFFECTIVE DATE OF REVISED CRITERIA.—After

23 the expiration of the exemption under this section, all mu24 nicipal solid waste landfills shall be subject to the revised

25 criteria established for such landfills under section
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1 4004(a) of the Solid Waste Disposal Act (42 U.S.C.

2 6944(a)) or any subsequent revised criteria.

Æ