Land Disposal Program Flexibility Act of 1996
PL 104-119 (H.R.2036), enacted 03/26/1996

110 STAT. 830 
PUBLIC LAW 104-119—MAR. 26, 1996 
Public Law 104-119 
104th Congress 
An Act 
Mar. 26, 1996 
To amend the Solid Waste Disposal Act to make certain adjustments in the land 
[H.R. 2036] 
disposal program to provide needed flexibility, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Land Disposal 
the United States of America in Congress assembled, 
Program 
Flexibility 
SECTION 1. SHORT TITLE. 
A c t o f 1 9 9 6 . 
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Environmental 
This Act may be Cited as the Land Disposal Program Flexibihty 
protection. 
Act of 1996". 
42 u s e 6901 
iiote. 
SEC. 2. LAND DISPOSAL RESTRICTIONS. 
42 use 6924. 
Section 3004(g) of the Solid Waste Disposal Act is amended 
by adding after paragraph (6) the following: 
"(7) Solid waste identified as hazardous based solely on 
one or more characteristics shall not be subject to this sub-
section, any prohibitions under subsection (d), (e), or (f), or 
any requirement promulgated under subsection (m) (other than 
any applicable specific methods of treatment, as provided in 
paragraph (8)) if the waste— 
"(A) is treated in a treatment system that subsequently 
discharges to waters of the United States pursuant to 
a permit issued under section 402 of the Federal Water 
Pollution Control Act (commonly known as the "Clean 
Water Act") (33 U.S.C. 1342), treated for the purposes 
of the pretreatment requirements of section 307 of the 
Clean Water Act (33 U.S.C. 1317), or treated in a zero 
discharge system that, prior to any permanent land dis-
posal, engages in treatment that is equivalent to treatment 
required under section 402 of the Clean Water Act (33 
U.S.C. 1342) for discharges to waters of the United States, 
as determined by the Administrator; and 
"(B) no longer exhibits a hazardous characteristic prior 
to management in any land-based solid waste management 
unit. 
"(8) Solid waste that otherwise qualifies under paragraph 
(7) shall nevertheless be required to meet any applicable specific 
methods of treatment specified for such waste by the Adminis-
trator under subsection (m), including those specified in the 
rule promulgated by the Administrator June 1, 1990, prior 
to management in a land-based unit as part of a treatment 
system specified in paragraph (7)(A). No solid waste may qualify 
under paragraph (7) that would generate toxic gases, vapors, 
or fumes due to the presence of cyanide when exposed to 
pH conditions between 2.0 and 12.5. 
PUBLIC LAW 104-119—MAR. 26, 1996 
110 STAT. 831 
"(9) Solid waste identified as hazardous based on one or 
more characteristics alone shall not be subject to this sub-
section, any prohibitions under subsection (d), (e), or (f), or 
any requirement promulgated under subsection (m) if the waste 
no longer exhibits a hazardous characteristic at the point of 
injection in any Class I injection well permitted under section 
1422 of title XIV of the Public Health Service Act (42 U.S.C. 
300h-l). 
"(10) Not later than five years after the date of enactment 
of this paragraph, the Administrator shall complete a study 
of hazardous waste managed pursuant to paragraph (7) or 
(9) to characterize the risks to human health or the environ-
ment associated with such management. In conducting this 
study, the Administrator shall evaluate the extent to which 
risks are adequately addressed under existing State or Federal 
programs and whether unaddressed risks could be better 
addressed under such laws or programs. Upon receipt of addi-
tional information or upon completion of such study and as 
necessary to protect human health and the environment, the 
Administrator may impose additional requirements under exist-
ing Federal laws, including subsection (m)(l), or rely on other 
State or Federal programs or authorities to address such risks. 
In promulgating any treatment standards pursuant to sub-
section (m)(l) under the previous sentence, the Administrator 
shall take into account the extent to which treatment is occur-
ring in land-based units as part of a treatment system specified 
in paragraph (7)(A). 
"(11) Nothing in paragraph (7) or (9) shall be interpreted 
or applied to restrict any inspection or enforcement authority 
under the provisions of this Act.". 
SEC. 3. GROUND WATER MONITORING. 
(a) AviENDMENT 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 inserting the 
following: "CRITERIA.— 
"(1) IN GENERAL.—^Not later". 
(2) By adding at the end the following new paragraphs: 
"(2) ADDITIONAL REVISIONS.—Subject to paragraph (3), the 
requirements of the criteria described in paragraph (1) relating 
to ground water monitoring shall not apply to an owner or 
operator of a new municipal solid waste landfill unit, an existing 
municipal solid waste landfill unit, or a lateral expansion of 
a municipal solid waste landfill unit, that disposes 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 expan-
sion serves— 
"(i) a community that experiences an annual 
interruption of at least 3 consecutive months of surface 
transportation that prevents access to a regional waste 
management facility; or 
110 STAT. 832 
PUBLIC LAW 104-119—MAR. 26, 1996 
"(ii) a community that has no practicable 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 RESOURCES.— 
"(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. 
"(B) METHODS.—If a State requires ground water mon-
itoring 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 monitoring 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) NO-MIGRATION EXEMPTION.— 
"(A) IN GENERAL.—Ground water monitoring require-
ments may be suspended by the Director of an approved 
State for a landfill operator if the operator demonstrates 
that there is no potential for migration of hazardous 
constituents from the unit to the uppermost aquifer during 
the active life of the unit and the post-closure care period. 
"(B) CERTIFICATION.—A demonstration under subpara-
graph (A) shall be certified by a qualified ground-water 
scientist and approved by the Director of an approved 
State. 
"(C) GUIDANCE.—Not later than 6 months after the 
date of enactment of this paragraph, the Administrator 
shall issue a guidance document to facilitate small commu-
nity use of the no migration exemption under this para-
graph. 
"(5) ALASKA NATIVE viLLAGES.^Upon certification by the 
Governor of the State of Alaska that application of the require-
ments 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)) or unit that 
is located in or near a small, remote Alaska village would 
be infeasible, or would not be cost-effective, or is otherwise 
inappropriate because of the remote location of the unit, the 
State may exempt the unit from some or all of those require-
ments. This paragraph shall apply only to solid waste landfill 
units that dispose of less than 20 tons of municipal solid waste 
daily, based on an annual average. 
"(6) FURTHER REVISIONS OF GUIDELINES AND CRITERIA.— 
Recognizing the unique circumstances of small communities, 
the Administrator shall, not later than two years after enact-
ment of this provision promulgate revisions to the guidelines 
and criteria promulgated under this subtitle to provide addi-
tional flexibility to approved States to allow landfills that 
receive 20 tons or less of municipal solid waste per day, based 
on an annual average, to use alternative frequencies of daily 
cover application, frequencies of methane gas monitoring, 
infiltration layers for final cover, and means for demonstrating 
PUBLIC LAW 104-119—MAR. 26, 1996 
110 STAT. 833 
financial assurance: Provided, That such alternative require-
ments take into account climatic and hydrogeologic conditions 
and are protective of human health and environment.". 
(b) REINSTATEMENT OF REGULATORY EXEMPTION.—It is the 42 use 6949a 
intent of section 4010(c)(2) of the Solid Waste Disposal Act, as "ote. 
added by subsection (a), to immediately reinstate subpart E of 
part 258 of title 40, Code of Federal Regulations, as added by 
the final rule published at 56 Federal Register 50798 on October 
9, 1991. 
SEC. 4. TECHNICAL CORRECTIONS TO SOLID WASTE DISPOSAL ACT. 
The Solid Waste Disposal Act is amended as follows: 
(1) In section 3001(d)(5) by striking "under section 3001" 42USC6921. 
and inserting "under this section". 
(2) By inserting a semicolon at the end of section 
3004(q)( 1)(C). 
42 use 6924. 
(3) In section 3004(g), by striking "subparagraph (A) 
through (C)" in paragraph (5) and inserting "subparagraphs 
(A) through (C)". 
(4) In section 3004(r)(2)(C), by striking "pertroleum-
derived" and inserting "petroleum-derived". 
(5) In section 3004(r)(3) by inserting after "Standard" the 
word "Industrial". 
(6) In section 3005(a), by striking "polycholorinated" and 42USe6925. 
inserting "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 paragraphs 42USe6947. 
(1) and (2)(A) and inserting "4003(a)". 
Approved March 26, 1996. 
LEGISLATIVE HISTORY—H.R. 2036: 
HOUSE REPORTS: No. 104-454 (Comm. on Commerce). 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
Jan. 30, 31, considered and passed House. 
Feb. 20, considered and passed Senate, amended. 
Mar. 7, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): 
Mar. 26, Presidential statement.