‘‘SEC. 127. MUNICIPAL WASTE LANDFILL SITES.
‘‘(a) STATE PROGRAMS.—
‘‘(1) IN
GENERAL.—Each State may develop
and submit to the Administrator of the Environ-
mental Protection Agency a State program under
which the State will remediate, in accordance with
this section, qualified municipal waste landfills.
‘‘(2) SUBMISSION OF PROGRAM.—The Adminis-
trator shall require that State programs under this
section be submitted at such time, in such form, and
in such manner as the Administrator deems appro-
priate. Not later than 180 days after receipt of a
State program, the Administrator shall approve or
disapprove the program. The Administrator shall ap-
prove the program if the Administrator determines
that the program provides for the remediation of
qualified municipal waste landfills in accordance
with the provisions of subsection (b). Upon approval
of such program, the provisions of this title (other
than this section and section 101) shall not apply to
any release or threatened release at any qualified
municipal waste landfill which is covered by such
program. If the program is disapproved, the Admin-
istrator shall inform the State of the reasons for the
disapproval and permit the State to correct and re-
submit the program for approval.
‘‘(b) REMEDIATION.—The President shall promul-
gate, after opportunity for notice and comment, regula-
tions governing response action under this section. Such
regulations shall provide for a presumptive remedy based
on streamlined site characterization using the Environ-
mental Protection Agency’s Model Municipal Landfill Re-
medial Investigation and Feasibility Study Guidance and
for closure of the site consistent with subtitle D of the
Solid Waste Disposal Act. Such presumptive remedy shall
include each of the following:
‘‘(1) Waste consolidation where feasible if mul-
tiple discrete disposal sites can be more economically
contained in one unit.
‘‘(2) Final cover, including a barrier layer with
a permeability equal to 1 x 10¥5 cm per second or
a flexible membrane liner of at least 30mm thick-
ness, and properly maintained vegetative cover.
Upon demonstration, existing caps providing com-
parable control may be used or upgraded as needed.
‘‘(3) Landfill gas control consistent with sub-
title D of the Solid Waste Disposal Act and where
necessary passive gas controls unless gas volumes
and composition require active collection.
‘‘(4) Surface water controls.
‘‘(5) Control of leachate where feasible and nec-
essary given the landfill’s design and as required by
its contact with ground water.
‘‘(6) Ground water monitoring as required by
subtitle D of the Solid Waste Disposal Act.
‘‘(7) Where ground water has been impacted by
the site, assurance of no migration of contamination
beyond the facility boundary or, if appropriate,
treatment at point of withdrawal.
‘‘(8) Institutional controls to prevent future ex-
posure to waste, including, where appropriate and
consistent with local zoning authority, prohibitions
on the use of private wells on site or on adjacent
properties; creation of buffer zones; use of zoning to
prevent future land uses which would disturb the
site’s final cover. To the maximum extent feasible
and as authorized by the local land control author-
ity, beneficial uses consistent with maintenance of
proper closure should be employed (e.g., use as park-
land, conservation district, active waste management
facility, limited access industrial activity, roadway).
Residential use is not permitted at sites employing
presumptive remedies.
‘‘(9) Site security to prevent access inconsistent
with closure requirements.
‘‘(10) A post-closure care plan that ensures the
maintenance and stability of containment and insti-
tutional control measures for so long as each meas-
ure is necessary to assure the integrity of the
remedy.
If the President has reason to believe, based on site-spe-
cific risk factors such as records of disposal of significant
quantities of hazardous waste, that the presumptive rem-
edy will not protect human health and the environment,
he may require additional protections, including but not
limited to, removal of drums or other discrete, accessible
areas of high concentration waste where practicable.
‘‘(c) REMEDIATION COSTS.—
‘‘(1) REIMBURSEMENT
FROM
SUPERFUND.—
The President shall reimburse each State with an
approved municipal waste landfill remediation pro-
gram for all costs incurred by the State for the re-
mediation, in accordance with subsection (b), of haz-
ardous substances, pollutants and contaminants at
facilities listed on the National Priorities List which
are qualified municipal waste landfills located in that
State. The President shall use funds in the Hazard-
ous Substance Superfund, up to an amount not ex-
ceeding $5,000,000,000, for purposes of providing
such reimbursement. Reimbursement shall be pro-
vided for costs incurred with respect to facilities
which have a higher ranking on the Hazard Ranking
System before reimbursement is provided for costs
incurred for facilities having a lower ranking on such
system. No reimbursement shall be provided under
this section for any transaction costs or other relat-
ed costs.
‘‘(2) EFFECTIVE DATE.—Reimbursement under
paragraph (1) shall be provided for any remediation
costs incurred after the date of approval of a State
program under this section if the remediation is in
accordance with such program.
‘‘(3) TRANSITION PROVISIONS.—(A) If remedi-
ation commenced before approval of a program
under this section and was not completed before
January 1, 1994, the President shall reimburse each
person who incurred costs for such remediation for
such costs if the President determines that the re-
mediation is consistent with, or provides at least
equivalent protection for public health and the envi-
ronment as, the remediation specified in subsection
(b).
‘‘(B) The Administrator may not reimburse any
State or other person for costs incurred for remedi-
ation which was completed before January 1, 1994.