I
104TH CONGRESS
1ST SESSION
H. R. 2036
To amend the Solid Waste Disposal Act to make certain adjustments in
the land disposal program to provide needed flexibility, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 13, 1995
Mr. OXLEY introduced the following bill; which was referred to the Committee
on Commerce
A BILL
To amend the Solid Waste Disposal Act to make certain
adjustments in the land disposal program to provide
needed flexibility, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Land Disposal Pro-
gram Flexibility Act of 1995’’.
SEC. 2. LAND DISPOSAL BAN.
Section 3004(g) of the Solid Waste Disposal Act (42
U.S.C. 6924(g)) is amended by adding the following after
paragraph (6):
‘‘(7) Solid waste identified as hazardous based on
characteristic alone—
‘‘(A) as part of a treatment or disposal system
prior to its discharge through a point source regu-
lated under the Clean Water Act (33 U.S.C. 1151
and following),
‘‘(B) prior to and including injection into any
Class I deep well regulated under section 1422 of
title XIV of the Public Health Service Act (42
U.S.C. 300h–1), or
‘‘(C) as part of management in a zero discharge
system that the Administrator determines to be en-
gaging in Clean Water Act-equivalent treatment
shall not be subject to the land disposal restrictions of this
subsection or any requirement of subsections (d), (e), (f),
or (m) if such solid waste no longer exhibits such char-
acteristic prior to land disposal.’’.
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 in-
serting the following: ‘‘CRITERIA.—
‘‘(1) IN GENERAL.—Not later’’.
(2) By adding at the end the following new
paragraph:
‘‘(2) ADDITIONAL REVISIONS.—Subject to para-
graph (3), the requirements of the criteria described
in paragraph (1) relating to ground water monitor-
ing shall not apply to an owner or operator of a new
municipal solid waste landfill unit, an existing mu-
nicipal solid waste landfill unit, or a lateral expan-
sion of a municipal solid waste landfill unit, that dis-
poses 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 expansion serves—
‘‘(i) a community that experiences an
annual interruption of at least 3 consecu-
tive months of surface transportation that
prevents access to a regional waste man-
agement facility; or
‘‘(ii) a community that has no prac-
ticable 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
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 com-
pliance with a State ground water protection
plan, where applicable.
‘‘(B) METHODS.—If a State requires
ground water monitoring of a solid waste land-
fill 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 re-
lease 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 ap-
propriate.
‘‘(4) NO-MIGRATION EXEMPTION.—
‘‘(A) IN
GENERAL.—Ground water mon-
itoring requirements may be suspended by the
Director of an approved State for a landfill op-
‘‘SEC. 9007. FEDERAL FACILITIES.
‘‘(a) IN GENERAL.—Each department, agency, and
instrumentality of the executive, legislative, and judicial
branches of the Federal Government having jurisdiction
over any underground storage tank shall be subject to, and
comply with, all Federal, State, interstate, and local re-
quirements, both substantive and procedural (including
any requirement for permits or reporting or any provisions
for injunctive relief and such sanctions as may be imposed
by a court to enforce such relief), respecting underground
storage tanks in the same manner, and to the same extent,
as any person is subject to such requirements, including
the payment of reasonable service charges. The Federal,
State, interstate, and local substantive and procedural re-
quirements referred to in this subsection include, but are
not limited to, all administrative orders and all civil and
administrative penalties and fines, regardless of whether
such penalties or fines are punitive or coercive in nature
or are imposed for isolated, intermittent, or continuing
violations. The United States hereby expressly waives any
immunity otherwise applicable to the United States with
respect to any such substantive or procedural requirement
(including, but not limited to, any injunctive relief, admin-
istrative order or civil or administrative penalty or fine
referred to in the preceding sentence, or reasonable service
charge). The reasonable service charges referred to in this
subsection include, but are not limited to, fees or charges
assessed in connection with the processing and issuance
of permits, renewal of permits, amendments to permits,
review of plans, studies, and other documents, and inspec-
tion and monitoring of facilities, as well as any other non-
discriminatory charges that are assessed in connection
with a Federal, State, interstate, or local regulatory pro-
gram. Neither the United States, nor any agent, employee,
or officer thereof, shall be immune or exempt from any
process or sanction of any State or Federal court with re-
spect to the enforcement of any such injunctive relief. No
agent, employee, or officer of the United States shall be
personally liable for any civil penalty under any Federal,
State, interstate, or local law relating to underground
storage tanks with respect to any act or omission within
the scope of the official duties of the agent, employee, or
officer. An agent, employee, or officer of the United States
shall be subject to any criminal sanction (including, but
not limited to, any fine or imprisonment) under any Fed-
eral or State law relating to underground storage tanks,
but no department, agency, or instrumentality of the exec-
utive, legislative, or judicial branch of the Federal Govern-
ment shall be subject to any such sanction. The President
may exempt any underground storage tank of any depart-
ment, agency, or instrumentality in the executive branch
from compliance with such a requirement if he determines
it to be in the paramount interest of the United States
to do so. No such exemption shall be granted due to lack
of appropriation unless the President shall have specifi-
cally requested such appropriation as a part of the budg-
etary process and the Congress shall have failed to make
available such requested appropriation. Any exemption
shall be for a period not in excess of one year, but addi-
tional exemptions may be granted for periods not to exceed
one year upon the President’s making a new determina-
tion. The President shall report each January to the Con-
gress all exemptions from the requirements of this section
granted during the preceding calendar year, together with
his reason for granting each such exemption.
‘‘(b) ADMINISTRATIVE ENFORCEMENT ACTIONS.—
(1) The Administrator may commence an administrative
enforcement action against any department, agency, or in-
strumentality of the executive, legislative, or judicial
branch of the Federal Government pursuant to the en-
forcement authorities contained in this subtitle. The Ad-
ministrator shall initiate an administrative enforcement
action against such a department, agency, or instrumen-
tality in the same manner and under the same cir-
cumstances as an action would be initiated against an-
other person. Any voluntary resolution or settlement of
such an action shall be set forth in a consent order.
‘‘(c) LIMITATION ON STATE USE OF FUNDS COL-
LECTED FROM FEDERAL GOVERNMENT.—Unless a State
law in effect on the date of the enactment of the [Correc-
tions?] Act of 1995 or a State constitution requires the
funds to be used in a different manner, all funds collected
by a State from the Federal Government from penalties
and fines imposed for violation of any substantive or pro-
cedural requirement referred to in subsection (a) shall be
used by the State only for projects designed to improve
or protect the environment or to defray the costs of envi-
ronmental protection or enforcement.’’.
SEC. 5. TECHNICAL CORRECTIONS TO SOLID WASTE DIS-
POSAL ACT.
The Solid Waste Disposal Act is amended as follows:
(1) In section 3001(e)(5) by striking ‘‘under
section 3001’’ and insert ‘‘under this section’’.
(2) By inserting a semicolon at the end of sec-
tion 3004(q)(1)(C).
(3) In Section 3004(g)(5), by striking ‘‘sub-
paragraph (A) through (C)’’ in paragraph (5) and
inserting ‘‘subparagraphs (A) through (C)’’.
(4) In section 3004(r)(2)(C), by striking
‘‘pertroleum-derived’’ 
and 
insert 
‘‘petroleum-de-
rived’’.
(5) In section 3004(r)(3) by inserting after
‘‘Standard’’ the word ‘‘Industrial’’.
(6) In section 3005(a), by striking strike
‘‘polycholorinated’’ and insert ‘‘polychlorinated’’.
(7) In section 3005(e)(1), by inserting a comma
at the end of subparagraph (C).
(8) In section 4007(a), by striking ‘‘4003’’ in
both places it appears and inserting ‘‘4003(a)’’.
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