42 USC § 6945 - Upgrading of open dumps | Title 42 - The Public Health and Welfare | U.S. Code

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(a) Closing or upgrading of existing open dumps

Upon promulgation of criteria under section 6907 (a)(3) of this title, any solid waste management practice or disposal of solid waste or hazardous waste which constitutes the open dumping of solid waste or hazardous waste is prohibited, except in the case of any practice or disposal of solid waste under a timetable or schedule for compliance established under this section. The prohibition contained in the preceding sentence shall be enforceable under section 6972 of this title against persons engaged in the act of open dumping. For purposes of complying with section 6943 (a)(2) and 6943 (a)(3) of this title, each State plan shall contain a requirement that all existing disposal facilities or sites for solid waste in such State which are open dumps listed in the inventory under subsection (b) of this section shall comply with such measures as may be promulgated by the Administrator to eliminate health hazards and minimize potential health hazards. Each such plan shall establish, for any entity which demonstrates that it has considered other public or private alternatives for solid waste management to comply with the prohibition on open dumping and is unable to utilize such alternatives to so comply, a timetable or schedule for compliance for such practice or disposal of solid waste which specifies a schedule of remedial measures, including an enforceable sequence of actions or operations, leading to compliance with the prohibition on open dumping of solid waste within a reasonable time (not to exceed 5 years from the date of publication of criteria under section 6907 (a)(3) of this title).

(b) Inventory

To assist the States in complying with section 6943 (a)(3) of this title, not later than one year after promulgation of regulations under section 6944 of this title, the Administrator, with the cooperation of the Bureau of the Census shall publish an inventory of all disposal facilities or sites in the United States which are open dumps within the meaning of this chapter.

(c) Control of hazardous disposal

(1)

(A) Not later than 36 months after November 8, 1984, each State shall adopt and implement a permit program or other system of prior approval and conditions to assure that each solid waste management facility within such State which may receive hazardous household waste or hazardous waste due to the provision of section 6921 (d) of this title for small quantity generators (otherwise not subject to the requirement for a permit under section 6925 of this title) will comply with the applicable criteria promulgated under section 6944 (a) and 6907 (a)(3) of this title.

(B) Not later than eighteen months after the promulgation of revised criteria under subsection ^[1] 6944(a) of this title (as required by section 6949a (c) of this title), each State shall adopt and implement a permit program or other system or ^[2] prior approval and conditions, to assure that each solid waste management facility within such State which may receive hazardous household waste or hazardous waste due to the provision of section 6921 (d) of this title for small quantity generators (otherwise not subject to the requirement for a permit under section 6925 of this title) will comply with the criteria revised under section 6944 (a) of this title.

(C) The Administrator shall determine whether each State has developed an adequate program under this paragraph. The Administrator may make such a determination in conjunction with approval, disapproval or partial approval of a State plan under section 6947 of this title.

(2)

(A) In any State that the Administrator determines has not adopted an adequate program for such facilities under paragraph (1)(B) by the date provided in such paragraph, the Administrator may use the authorities available under sections 6927 and 6928 of this title to enforce the prohibition contained in subsection (a) of this section with respect to such facilities.

(B) For purposes of this paragraph, the term “requirement of this subchapter” in section 6928 of this title shall be deemed to include criteria promulgated by the Administrator under sections 6907 (a)(3) and 6944 (a) of this title, and the term “hazardous wastes” in section 6927 of this title shall be deemed to include solid waste at facilities that may handle hazardous household wastes or hazardous wastes from small quantity generators.

[1] So in original. Probably should be “section”.

[2] So in original. Probably should be “of”.

prev | next

(a) Closing or upgrading of existing open dumps

Upon promulgation of criteria under section 6907 (a)(3) of this title, any solid waste management practice or disposal of solid waste or hazardous waste which constitutes the open dumping of solid waste or hazardous waste is prohibited, except in the case of any practice or disposal of solid waste under a timetable or schedule for compliance established under this section. The prohibition contained in the preceding sentence shall be enforceable under section 6972 of this title against persons engaged in the act of open dumping. For purposes of complying with section 6943 (a)(2) and 6943 (a)(3) of this title, each State plan shall contain a requirement that all existing disposal facilities or sites for solid waste in such State which are open dumps listed in the inventory under subsection (b) of this section shall comply with such measures as may be promulgated by the Administrator to eliminate health hazards and minimize potential health hazards. Each such plan shall establish, for any entity which demonstrates that it has considered other public or private alternatives for solid waste management to comply with the prohibition on open dumping and is unable to utilize such alternatives to so comply, a timetable or schedule for compliance for such practice or disposal of solid waste which specifies a schedule of remedial measures, including an enforceable sequence of actions or operations, leading to compliance with the prohibition on open dumping of solid waste within a reasonable time (not to exceed 5 years from the date of publication of criteria under section 6907 (a)(3) of this title).

(b) Inventory

To assist the States in complying with section 6943 (a)(3) of this title, not later than one year after promulgation of regulations under section 6944 of this title, the Administrator, with the cooperation of the Bureau of the Census shall publish an inventory of all disposal facilities or sites in the United States which are open dumps within the meaning of this chapter.

(c) Control of hazardous disposal

(1)

(A) Not later than 36 months after November 8, 1984, each State shall adopt and implement a permit program or other system of prior approval and conditions to assure that each solid waste management facility within such State which may receive hazardous household waste or hazardous waste due to the provision of section 6921 (d) of this title for small quantity generators (otherwise not subject to the requirement for a permit under section 6925 of this title) will comply with the applicable criteria promulgated under section 6944 (a) and 6907 (a)(3) of this title.

(B) Not later than eighteen months after the promulgation of revised criteria under subsection ^[1] 6944(a) of this title (as required by section 6949a (c) of this title), each State shall adopt and implement a permit program or other system or ^[2] prior approval and conditions, to assure that each solid waste management facility within such State which may receive hazardous household waste or hazardous waste due to the provision of section 6921 (d) of this title for small quantity generators (otherwise not subject to the requirement for a permit under section 6925 of this title) will comply with the criteria revised under section 6944 (a) of this title.

(C) The Administrator shall determine whether each State has developed an adequate program under this paragraph. The Administrator may make such a determination in conjunction with approval, disapproval or partial approval of a State plan under section 6947 of this title.

(2)

(A) In any State that the Administrator determines has not adopted an adequate program for such facilities under paragraph (1)(B) by the date provided in such paragraph, the Administrator may use the authorities available under sections 6927 and 6928 of this title to enforce the prohibition contained in subsection (a) of this section with respect to such facilities.

(B) For purposes of this paragraph, the term “requirement of this subchapter” in section 6928 of this title shall be deemed to include criteria promulgated by the Administrator under sections 6907 (a)(3) and 6944 (a) of this title, and the term “hazardous wastes” in section 6927 of this title shall be deemed to include solid waste at facilities that may handle hazardous household wastes or hazardous wastes from small quantity generators.

[1] So in original. Probably should be “section”.

[2] So in original. Probably should be “of”.

Source

(Pub. L. 89–272, title II, § 4005, as added Pub. L. 94–580, § 2,Oct. 21, 1976, 90 Stat. 2815; amended Pub. L. 96–482, § 19(a), (b),Oct. 21, 1980, 94 Stat. 2345; Pub. L. 98–616, title III, § 302(c), title IV, § 403(c), title V, § 502(c),Nov. 8, 1984, 98 Stat. 3268, 3272, 3276.)

Codification

Another section 19(b) ofPub. L. 96–482amended section 6946 of this title.

Amendments

1984—Subsec. (a). Pub. L. 98–616, § 403(c), inserted after first sentence “The prohibition contained in the preceding sentence shall be enforceable under section 6972 of this title against persons engaged in the act of open dumping.”

Pub. L. 98–616, § 502(c), inserted a closing parenthesis before the period at end.

Subsec. (c). Pub. L. 98–616, § 302(c), added subsec. (c).

1980—Subsec. (a). Pub. L. 96–482, § 19(a), (b)(1), struck out subsec. (a) which defined “open dump”, which is covered in section 6903 (14) of this title, redesignated subsec. (c) as (a) and substituted “Upon promulgation of criteria under section 6907 (a)(3) of this title, any” for “Any”, “section 6943 (a)(2) and 6943 (a)(3) of this title” for “section 6943 (2) of this title”, and “criteria under section 6907 (a)(3) of this title” for “the inventory under subsection (b) of this section”.

Amendment by section 19(b)(1) ofPub. L. 96–482, directing that following reference to “4003(2)”, which had been editorially translated as section 6943 (2) of this title, the phrase “and 4003(3)” be inserted, was executed by translating “4003(2) and 4003(3)” as section 6943 (a)(2) and 6943 (a)(3) of this title, in view of the designation of the existing provisions of section 6943 of this title as subsec. (a) ofsection 6943 of this title by section 5(b) ofPub. L. 96–463and also by section 32(d)(2) ofPub. L. 96–482.

Subsec. (b). Pub. L. 96–482, § 19(b)(2), inserted introductory phrase “To assist the States in complying with section 6943 (a)(3) of this title”. Amendment referring to section “4003(3)” was executed by translating “4003(3)” as section 6943 (a)(3) of this title, in view of the designation of the existing provisions of section 6943 of this title as subsec. (a) ofsection 6943 of this title by section 5(b) ofPub. L. 96–463and also by section 32(d)(2) ofPub. L. 96–482.

Subsec. (c). Pub. L. 96–482, § 19(a), redesignatedsubsec. (c) as (a).

Transfer of Functions

For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, May 21, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

How To Use

Multiple entries for a section are listed most recent first, within the section.

The Session Year indicates which session of Congress was responsible for the changes classified. The Congress number forms the first part of the Public Law number; each Congress has two sessions.

Abbreviations used in the Description of Change column:

An empty field implies a standard amendment.
"new" means a new section or new note, or all new text of an existing section or note.
"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

The Public Law field is linked to the development of the law in the Thomas system at the Library of Congress.

The Statutes at Large field is linked to the text of the law, in the context of its volume of the Statutes at Large, at the Government Printing Office. Please note that it takes a while for these pages to get posted, so for very recent legislation, you need to look at the "enrolled" version at the Thomas site.

The Statutes at Large references have been rendered in the format used as page numbers in the Public Law web pages to which we link, to facilitate copy-paste into browser "find on this (web) page" tools. We are still working on a more direct link facility.

For serious comparison work, we suggest copying all or a portion of the Public Law text into your favorite text editor, for convenient content traversal and window control.

Sections with change type "new" are a special case, still under development. All are now listed, at the title level only.

You will find that occassionally a specific update you notice in a Public Law listed in a classification table will already have made it into the Code. We assume this is an artifact of the LRC edit process. The LII does not edit the LRC content.

top

General Reference

Refer to the LRC (Law Revision Council) for explanations about the US Code from the folks who put it all together.

You can look for information about what it is and is not, which titles are positive law, the schedule of Supplements, etc. Under download you can find the source data we use here (GPO locator files), as well as, PDF files that look just like the paper books (these may be rather large).

Refer to the Thomas site for changes that have not yet made it into the classification tables.

42 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

40 CFR - Title 40—Protection of Environment

40 CFR 3 -

40 CFR 9 -

40 CFR Part 239 - REQUIREMENTS FOR STATE PERMIT PROGRAM DETERMINATION OF ADEQUACY

40 CFR Part 258 - CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS

40 CFR Part 451 - CONCENTRATED AQUATIC ANIMAL PRODUCTION POINT SOURCE CATEGORY

42 USC § 6945 - Upgrading of open dumps

U.S. Code Toolbox

Law about... Articles from Wex

Find a Lawyer

Get Involved