[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2036 Introduced in House (IH)]
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Land Disposal Program 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 regulated 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 engaging 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 characteristic 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 inserting the
following: ``Criteria.--
``(1) In general.--Not later''.
(2) By adding at the end the following new paragraph:
``(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
expansion 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
``(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
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 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
requirements 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
subparagraph (A) shall--
``(i) 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
community use of the no migration exemption under this
paragraph.
(b) Reinstatement of Regulatory Exemption.--It is the intent of
section 4010(c)(2) of the Solid Waste Disposal Act, as 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. FEDERAL FACILITIES.
Section 9007 of the Solid Waste Disposal Act is amended to read as
follows:
``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 requirements, 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 requirements
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, administrative 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 inspection and monitoring of facilities, as
well as any other nondiscriminatory charges that are assessed in
connection with a Federal, State, interstate, or local regulatory
program. 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 respect 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
Federal or State law relating to underground storage tanks, but no
department, agency, or instrumentality of the executive, legislative,
or judicial branch of the Federal Government shall be subject to any
such sanction. The President may exempt any underground storage tank of
any department, 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 specifically requested such appropriation as a part of the
budgetary 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 additional exemptions may be granted for
periods not to exceed one year upon the President's making a new
determination. The President shall report each January to the Congress
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 instrumentality of the executive, legislative,
or judicial branch of the Federal Government pursuant to the
enforcement authorities contained in this subtitle. The Administrator
shall initiate an administrative enforcement action against such a
department, agency, or instrumentality in the same manner and under the
same circumstances as an action would be initiated against another
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 Collected From Federal
Government.--Unless a State law in effect on the date of the enactment
of the [Corrections?] 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 procedural 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
environmental protection or enforcement.''.
SEC. 5. TECHNICAL CORRECTIONS TO SOLID WASTE DISPOSAL 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 section
3004(q)(1)(C).
(3) In Section 3004(g)(5), 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 insert ``petroleum-derived''.
(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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