§ 6605e. Closure extension orders

(a) Notwithstanding other provisions of this chapter, the Secretary, until December 31, 1992, may issue landfill closure extension orders pursuant to section 8008a of this title for the purpose of extending the July 1, 1992 landfill closure date for existing, operating, unlined landfills receiving waste as of January 1, 1992. This extension may run until October 9, 1993. An owner or operator making a request for this extension must file an application containing information supporting findings required by this section, prior to July 1, 1992. This extension may be granted:

(1) in order to bring the level of disposed waste up to the minimum acceptable closure grade, as established by rule, or

(2) where the solid waste management district, or municipality that is not a member of a district, from which the waste originates has adopted a solid waste implementation plan or an interim management plan for management of solid waste generated within that planning entity's area. The plan shall identify a proposed lined landfill disposal facility or a proposed combination of lined and inert landfill capability, the latter created according to the provisions of subsection 6605(d) of this title, and shall include a realistic schedule for the use, by no later than October 9, 1993, of this new facility by this planning entity.

(b) The Secretary may issue an order under subsection (a) of this section, upon finding:

(1) that the continued use of the unlined facility is necessary. Before finding that continued use of an unlined facility is necessary, with respect to a facility qualifying for an exemption under subdivision (a)(2) of this section, the Secretary shall first find that the planning entity lacks a lined landfill alternative that is reasonably available;

(2) that continued use of unlined capacity will not result in any horizontal expansion of waste disposal beyond areas where waste disposal has taken place legally, prior to July 1, 1992;

(3) that the existing landfill does not currently create significant environmental harm nor will the proposed continued use of the landfill for the period of the extension be likely to create significant environmental harm;

(4) that the facility is not causing any present contamination of an existing water supply and it is reasonable to expect that the facility will not cause such contamination during the period of the closure order. For the purposes of this subdivision, contamination is defined as exceeding any primary safe drinking water standard which has been promulgated by the U.S. Environmental Protection Agency;

(5) that the continued use of the unlined facility will not create undue adverse effects related to water pollution, air pollution, traffic, noise, litter, soil erosion, and visual conditions, as defined by the relevant criteria in subsection 6086(a) of this title;

(6) that any vertical expansion will not result in final grades in excess of those allowed under the solid waste management rules;

(7) that the owner and operator have demonstrated compliance with the financial responsibility requirements of the solid waste management rules, which in the case of municipalities shall mean having secured the local cost of closure by affirmative bond vote, reserve fund, or escrow account; and

(8) that the owner or operator has demonstrated that adequate, accessible, source separation opportunities exist for recycling and for management of unregulated hazardous waste within the municipalities that will use the facility. Any transfer station that serves the facility shall have source separation opportunities for recycling, unless the area is served by a curbside collection program for source separated recyclables.

(c) Owners and operators who, by July 1, 1992, have filed an application for an extension under the provisions of subsection (a) of this section, may remain open until December 31, 1992, unless they receive a closure order before that time from the Secretary. The Secretary may issue an order to close if the applicant is not likely to meet the criteria in this section.

(d) Any actions required to be performed at the landfill site pursuant to an order issued under this section and section 8008a of this title shall be exempt from certification and permit provisions of this chapter and from the requirement to obtain a permit or permit amendment under chapter 151 of this title. This section shall not exempt from jurisdiction under chapter 151 of this title any actions relating to closure of a landfill authorized pursuant to a certification issued under section 6605 or 6605b of this title, if those actions otherwise would be subject to jurisdiction under chapter 151.

(e) Orders under this section may be issued only if the landfill owner and operator produce a letter from the district in which the facility is located, indicating that receiving the waste is consistent with the district planning process. If the facility is not located within a district, these orders may be issued only on receipt of a letter from the municipality in which the facility is located, indicating that receiving the waste is consistent with the municipality's solid waste planning process. (Added 1991, No. 202 (Adj. Sess.), § 3, eff. May 27, 1992.)