I
104TH CONGRESS
1ST SESSION
H. R. 1696
To authorize the Administrator of the Environmental Protection Agency to
exempt certain small landfills from the ground water monitoring require-
ments contained in landfill regulations promulgated by the Agency.
IN THE HOUSE OF REPRESENTATIVES
MAY 24, 1995
Mr. COOLEY introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To authorize the Administrator of the Environmental Protec-
tion Agency to exempt certain small landfills from the
ground water monitoring requirements contained in land-
fill regulations promulgated by the Agency.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AUTHORITY TO EXEMPT CERTAIN SMALL
LANDFILLS FROM GROUND WATER MONITOR-
ING REQUIREMENTS OF ENVIRONMENTAL
PROTECTION AGENCY LANDFILL REGULA-
TIONS.
(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 inserting ‘‘(1)’’ before ‘‘Not later than
March 31, 1988,’’.
(2) In the last sentence, by inserting ‘‘, except
as provided in paragraph (2),’’ before ‘‘ground water
monitoring’’.
(3) By adding at the end the following new
paragraphs:
‘‘(2) INAPPLICABILITY TO CERTAIN UNITS.—The re-
quirements of the criteria relating to ground water mon-
itoring shall not apply to any new municipal solid waste
landfill unit, any existing municipal solid waste landfill
unit, and any lateral expansion of an existing municipal
solid waste landfill unit—
‘‘(A) at which less than 20 tons of municipal
solid waste is disposed of daily;
‘‘(B) where there is no evidence of existing
ground water contamination from the unit; and
‘‘(C) which serves a community—
‘‘(i) that experiences an annual interrup-
tion of at least 3 consecutive months of surface
transportation that prevents access to a re-
gional waste management facility;
‘‘(ii) that has no practicable waste manage-
ment alternative; or
‘‘(iii) is in an area that receives 25 inches
or less of precipitation annually.
‘‘(3) 
PROTECTION
OF
GROUND
WATER
RE-
SOURCES.—
‘‘(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, where applicable, if
the State ascertains (using its own resources) that
such monitoring will produce evidence of contamina-
tion.
‘‘(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 monitor-
ing wells to detect a release of contamination from
the unit.
‘‘(C) CORRECTIVE ACTION.—If a State finds a
release from a solid waste landfill unit, the State
shall require corrective action as appropriate.
‘‘(4) REMOTE ALASKA NATIVE VILLAGES.—Upon
certification by the Governor of the State of Alaska that
application of the requirements of the criteria 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)) would be infeasible,
would not be cost-effective, or is otherwise inappropriate
because of the remote location of the unit, the unit shall
be exempt from those requirements.’’.
(b) REINSTATEMENT
OF
REGULATORY
EXEMP-
TION.—It is the intent of section 4010(e)(2) of the Solid
Waste Disposal Act, as added by subsection (u), to imme-
diately reinstate subpart E of part 258 of title 40, Code
of Federal Regulations, as added by the final rule pub-
lished at 56 Federal Register 50798 on October 9, 1991.
Æ