§ 6605a. Review of existing landfills

(a) By July 1, 1990, the Secretary of Natural Resources shall complete a review of each landfill that is operating or certified as of July 1, 1987, to determine whether it should be closed or continue to operate and whether remedial action is necessary. The review shall assess:

(1) The impact of the landfill on groundwater, surface water, and air quality.

(2) The operating history and compliance status of the landfill.

(3) The potential of the landfill to affect the public health taking into account:

(A) the proximity of drinking water supplies or buildings in regular use;

(B) the nature and extent of actual or expected air and water contamination;

(C) the ownership and use of surrounding land; and

(D) the size, age, capacity, and use of the landfill.

(b) Within 120 days after the review is completed, the Secretary shall propose to certify the landfill or to grant an interim certification pursuant to section 6605b of this title to close or upgrade the landfill. A landfill shall be closed or remedial action shall be required if the Secretary finds that it has caused or is likely to cause a significant risk to public health or the environment.

(c) No later than July 1, 1991 the operating portion of each landfill shall be lined, if required under the provisions of subsection 6605(d) of this title, except that those in operation as of July 1, 1987 that are certified to receive or actually receive less than 1,000 tons of municipal waste per year may be exempted from this requirement according to the provisions of subsection (d) of this section, or if, considering the factors established in subdivision (a)(3) of this section, the Secretary finds that they will not create a significant risk to public health and that they will not cause irreparable harm to the environment. Violations of secondary safe drinking water standards, standing alone, will not be construed under this subsection or under subsection 6605(b) of this title to constitute significant risks to public health or to cause irreparable harm to the environment. Where the Secretary has determined, by clear and convincing evidence, that the operation of a solid waste landfill, or the existence of a solid waste landfill closed after July 1, 1987, has increased the level of any secondary drinking water quality contaminant, in the downgradient groundwater, so that the resulting water quality exceeds the secondary drinking water standards, the Secretary shall require the operator of the landfill facility to institute remedial activities. These remedial activities may include the installation of water treatment systems to remove secondary contaminants from the affected drinking water supplies, or the replacement of the contaminated drinking water source or sources.

(d) The Secretary may authorize continued operation of a municipally owned unlined landfill which is in operation on July 1, 1992 and which will receive less than 1,000 tons per year of waste for disposal, if the legislative body of the municipality has voted to continue to operate the landfill and if the Secretary has approved a plan submitted by the municipality which shall be implemented by October 1, 1992, which demonstrates how approximately 90 percent of yard waste and hazardous waste from households and small quantity generators, along with a substantial portion of marketable recyclables, will be removed from the waste stream before disposal. Approval under this section shall exempt the landfill from compliance with those provisions of the solid waste rules that require a minimum vertical separation to bedrock of 10 feet, that require a minimum of six feet vertical separation from the high seasonal water table, and that require a minimum distance of 300 feet to the waters of the State. Violations of secondary safe drinking water standards, standing alone, will not be construed under this subsection or under subsection 6605(b) of this title to allow or require the Secretary to deny approval of landfills regulated under this subsection. Where the Secretary has determined, by clear and convincing evidence, that the operation of a solid waste landfill, or the existence of a solid waste landfill closed after July 1, 1987, has increased the level of any secondary drinking water quality contaminant, in the downgradient groundwater, so that the resulting water quality exceeds the secondary drinking water standards, the Secretary shall require the operator of the landfill facility to institute remedial activities. These remedial activities may include the installation of water treatment systems to remove secondary contaminants from the affected drinking water supplies, or the replacement of the contaminated drinking water source or sources. (Added 1987, No. 78, § 9; amended 1991, No. 202 (Adj. Sess.), § 11, eff. May 27, 1992; 1993, No. 232 (Adj. Sess.), § 43, eff. March 15, 1995.)