Page:United States Statutes at Large Volume 98 Part 3.djvu/895

 PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3267

TITLE III—PROVISIONS RELATING TO SUBTITLE D OF THE SOLID WASTE DISPOSAL ACT SIZE OF WASTE-TO-ENERGY FACILITIES

SEC. 301. (a) Section 4001 of the Solid Waste Disposal Act is amended by adding the following at the end thereof: "In developing such comprehensive plans, it is the intention of this Act that in determining the size of the waste-to-energy facility, adequate provision shall be given to the present and reasonably anticipated future needs of the recycling and resource recovery interest within the area encompassed by the planning process.". (b) Section 4003 of the Solid Waste Disposal Act is amended by adding the following new subsection at the end thereof:

Post, p. 3276.

Post, p. 3277.

"(d) SIZE OF WASTE-TO-ENERGY FACILITIES.—Notwithstanding any

of the above requirements, it is the intention of this Act and the planning process developed pursuant to this Act that in determining the size of the waste-to-energy facility, adequate provision shall be given to the present and reasonably anticipated future needs of the recycling and resource recovery interest within the area encompassed by the planning process.". SUBTITLE D IMPROVEMENTS

SEC. 302. (a)(1) Subtitle D of the Solid Waste Disposal Act is amended by adding the following new section after section 4009: ADEQUACY OF CERTAIN GUIDEUNES AND CRITERIA

"SEC. 4010. (a) STUDY.—The Administrator shall conduct a study 42 USC 6949a. of the extent to which the guidelines and criteria under this Act (other than guidelines and criteria for facilities to which subtitle C 42 USC 6921. applies) which are applicable to solid waste management and disposal facilities, including, but not limited to landfills and surface impoundments, are adequate to protect human health and the environment from ground water contamination. Such study shall include a detailed assessment of the degree to which the criteria under section 1008(a) and the criteria under section 4004 regarding 42 USC 6907, monitoring, prevention of contamination, and remedial action are 6944. adequate to protect ground water and shall also include recommendation with respect to any additional enforcement authorities which the Administrator, in consultation with the Attorney General, deems necessary for such purposes. "(b) REPORT.—Not later than thirty-six months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall submit a report to the Congress setting forth the results of the study required under this section, together with any recommendations made by the Administrator on the basis of such study. "(c) REVISIONS OF GUIDEUNES AND CRITERIA.—Not later than March 31, 1988, the Administrator shall promulgate revisions of the criteria promulgated under paragraph (1) of section 4004(a) and under section 1008(a)(3) for facilities that may receive hazardous household wastes or hazardous wastes from small quantity generators under section 3001(d). The criteria shall be those necessary to Ante, p. 3248. protect human health and the environment and may take into account the practicable capability of such facilities. At a minimum

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