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United States · Law · HR

H.R. 2036 (104th)

Land Disposal Program Flexibility Act of 1996

enactedUnited States· United States Congress· EN

Introduced

13 July 1995

Last action

—

Status

Became Public Law No: 104-119.

Sponsors

—

Subjects

Discovery layer

Source updated

7 April 2025

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Summary

Land Disposal Program Flexibility Act of 1995 - Amends the Solid Waste Disposal Act to exempt from land disposal restrictions solid waste identified as hazardous based on characteristic alone, but which no longer exhibits such characteristic prior to land disposal, and which was so characterized: (1) as part of a treatment or disposal system prior to its discharge through a point source regulated under the Clean Water Act; (2) prior to and including injection into any Class I deep well regulated under safe drinking water provisions of the Public Health Service Act; or (3) under a zero-discharge system that the Administrator of the Environmental Protection Agency (EPA) determines to be engaging in Clean Water Act-equivalent treatment. Makes certain groundwater monitoring requirements inapplicable to new or existing municipal solid waste landfill units or lateral expansions of such units that dispose of fewer than 20 tons of municipal solid waste daily, based on an annual average, if: (1) there is no evidence of groundwater contamination from such units or expansions; and (2) the units or expansions serve a community that experiences an annual interruption of at least three consecutive months of surface transportation that prevents access to a regional waste management facility or that has no practicable waste management alternative and such units are located in an area that annually receives 25 inches of precipitation or less. Permits States to require monitoring of units that would otherwise be exempt if necessary to protect groundwater resources and ensure compliance with a State groundwater protection plan. Allows the suspension of groundwater monitoring requirements if a landfill 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. Declares that it is the intent of this Act to reinstate EPA rules promulgated on October 9, 1991, regarding groundwater monitoring at municipal solid waste landfill units. Revises provisions regarding responsibility for underground storage tanks over which the Federal Government has jurisdiction to state that requirements applicable to the Government include (but are not limited to) requirements regarding permits, reporting, injunctive relief, sanctions, all administrative orders, and all civil and administrative penalties and fines. Waives expressly any otherwise applicable immunity of the United States with respect to any such requirement. Makes employees or agents of the United States immune from personal liability for any civil penalty with respect to an act or omission regarding an underground storage tank but subjects such persons to criminal sanctions. Makes criminal sanctions inapplicable to Government agencies. Authorizes the EPA Administrator to commence administrative enforcement actions against Government agencies in the same manner and under the same circumstances as an action would be initiated against any other person. Requires States to use funds collected from the Federal Government as penalties and fines resulting from underground storage tank violations only for environmental protection projects or to defray the costs of environmental protection or enforcement.

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Documents

18 official files

Enrolled Bill (text)

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