[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1209 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1209

 To provide for a delay in the applicability of certain regulations to 
certain municipal solid waste landfills under the Solid Waste Disposal 
                      Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 1 (legislative day, June 30), 1993

 Mr. Kempthorne (for himself, Mr. Hatch, and Mr. Craig) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To provide for a delay in the applicability of certain regulations to 
certain municipal solid waste landfills under the Solid Waste Disposal 
                      Act, and for other purposes.

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

SECTION 1. SHORT TITLE; PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Local Government 
Landfill Compliance Deadline Act''.
    (b) Purpose.--The purpose of this Act is to strengthen the ability 
of county and city officials to fulfill the goals established for 
municipal solid waste landfills by allowing adequate time for wise, 
environmentally sound, and fiscally responsible decisionmaking by the 
officials in a manner consistent with the obligations of the officials 
to the citizens they serve.

SEC. 2. TEMPORARY EXEMPTION OF CERTAIN LANDFILLS FROM MEETING REVISED 
              CRITERIA.

    (a) Temporary Exemption.--
            (1) In general.--Except as provided in paragraph (2), 
        during the 1-year period beginning on October 9, 1993, each 
        municipal solid waste landfill that--
                    (A) is in existence on October 8, 1993; and
                    (B) meets the requirements of the criteria 
                contained in regulations issued pursuant to sections 
                4004(a) and 4010(c) of the Solid Waste Disposal Act (42 
                U.S.C. 6944(a) and 6949a(c), respectively) as in effect 
                on January 1, 1993,
        shall not be required to meet any revised criteria that take 
        effect after the date specified in subparagraph (B).
            (2) Exceptions.--
                    (A) In general.--If the Administrator of the 
                Environmental Protection Agency (referred to in this 
                section as the `Administrator'), or the appropriate 
                official of a State with a plan approved by the 
                Administrator pursuant to title IV of the Solid Waste 
                Disposal Act (42 U.S.C. 6941 et seq.) (referred to in 
                this section as an ``appropriate State official''), 
                determines that the owner or operator of a municipal 
                solid waste landfill did not make a good faith effort 
                before October 9, 1993, to comply with any revised 
                criteria that took effect after the date specified in 
                paragraph (1)(B), the exemption described in paragraph 
                (1) shall not apply to the landfill.
                    (B) Temporary extension of exemption.--The owner or 
                operator of a municipal solid waste landfill that is 
                the subject of an exemption under paragraph (1) may 
                submit an application to the Administrator or an 
                appropriate State official (in the case of a State 
                referred to in subparagraph (A)) for a 180-day 
                extension of the exemption. The Administrator (or the 
                appropriate State official) shall grant the extension 
                if the Administrator (or the appropriate State 
                official) determines that the owner or operator cannot 
                achieve compliance with the revised criteria referred 
                to in such paragraph by the end of the 1-year period 
                specified in such paragraph because of 1 or more 
                factors beyond the control of the owner or operator, 
                including--
                            (i) litigation;
                            (ii) adverse weather conditions that slow 
                        or bring to a temporary halt the construction 
                        of a landfill;
                            (iii) a breakdown in negotiations for the 
                        construction or use of a regional landfill that 
                        requires any local government participating in 
                        the negotiations to pursue other arrangements 
                        for waste disposal; or
                            (iv) any delay in siting, permitting, or 
                        patenting a landfill or transfer station, 
                        including any delay attributable to--
                                    (I) the unavailability of, or 
                                inaccessibility to, technical 
                                assistance; or
                                    (II) procedures for purchasing, 
                                leasing, permitting, or patenting a 
                                site on Federal land, including 
                                carrying out any necessary 
                                environmental assessments or preparing 
                                environmental impact statements 
                                pursuant to the National Environmental 
                                Policy Act of 1969 (42 U.S.C. 4321 et 
                                seq.).
                    (C) Mandatory extension.--The Administrator (or the 
                appropriate State official) may not disapprove any 
                application referred to in subparagraph (B) in any case 
                in which the Administrator (or appropriate State 
                official) determines that the failure of a Federal 
                agency or a department or agency of a State to issue a 
                permit, patent, or other necessary approval for a 
                landfill that is the subject of the application, or a 
                transfer station associated with the landfill, has been 
                a factor in the inability of the owner or operator of 
                the landfill to achieve compliance with the revised 
                criteria referred to in paragraph (1).
    (b) Prior Criteria Applicable During Exemption Period.--During the 
period specified in subsection (a)(1), and during any applicable 
additional period specified in subsection (a)(2)(B), a landfill subject 
to an exemption pursuant to this section shall be subject to the 
criteria referred to in subsection (a)(1)(B).
    (c) Effective Date of Revised Criteria.--Except as otherwise 
specifically provided in this Act, beginning on October 9, 1994, each 
municipal solid waste landfill shall be subject to the revised criteria 
applicable to the landfill issued pursuant to sections 4004(a) and 
4010(c) of the Solid Waste Disposal Act (42 U.S.C. 6944(a) and 
6949a(c), respectively), and any subsequent revision to the criteria.
    (d) Citizen Suits.--No person may commence a civil action pursuant 
to section 7002 of the Solid Waste Disposal Act (42 U.S.C. 6972) on the 
basis of the failure of a municipal solid waste landfill subject to the 
exemption described in subsection (a)(1) to meet any requirement with 
respect to which the exemption applies.

SEC. 3. EXTENSION OF EFFECTIVE DATE OF FINANCIAL ASSURANCE 
              REQUIREMENTS.

    (a) In General.--Notwithstanding any other provision of law, the 
Administrator shall issue regulations that revise the financial 
assurance requirements under subpart G of title 40, Code of Federal 
Regulations, to broaden the mechanisms available to an owner or 
operator of a municipal solid waste landfill for demonstrating 
financial responsibility. The revised regulations shall include revised 
criteria for determining whether mechanisms in addition to the 
mechanisms specified in the regulations may be approved by the 
Administrator. The revised criteria shall take into account the 
financial circumstances of small municipalities and counties (as 
defined and determined by the Administrator).
    (b) Effective Date.--The revised regulations promulgated pursuant 
to subsection (a) shall take effect on the date that is 2 years after 
the promulgation of the regulations.
    (c) Applicability.--During the period beginning on the effective 
date specified in section 258.70 of title 40, Code of Federal 
Regulations, and ending on the date specified in subsection (b), the 
financial assurance requirements under subpart G of part 258 of title 
40, Code of Federal Regulations, shall not apply.

SEC. 4. GROUND WATER MONITORING.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Administrator shall issue regulations that exempt from 
the ground water monitoring requirements under sections 258.51 through 
258.55 of title 40, Code of Federal Regulations, any municipal solid 
waste landfill unit described in the matter preceding clause (i) in 
section 258.1(f)(1), as added by the final rule published at 56 Fed. 
Reg. 50798 on October 9, 1991, (referred to in this section as a 
``small landfill'')--
            (1) in 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
            (2) in a community that has no practicable waste management 
        alternative and that has a small landfill unit located in an 
        area that annually receives less than or equal to 25 inches of 
        precipitation.
    (b) Effective Date.--The regulations promulgated pursuant to 
subsection (a) shall take effect on the date that is 2 years after the 
date of enactment of this Act.
    (c) Exemption.--Notwithstanding any other provision of law, before 
the effective date of the regulations referred to in subsection (b), a 
landfill referred to in subsection (a) shall not be required to carry 
out any ground water monitoring activities required under Federal law.

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