United States
Environmental Protection
Agency
Solid Waste
and Emergency Response
(5306W)
EPA530-F-97-019
May 1997
It's 1997
WASTE
MANAGEMENT
IN INDIAN COUNTRY
DO YOU KNOW ABOUT THE UPCOMING
MUNICIPAL WASTE LANDFILL DEADLINES?
If you own or operate a municipal
solid waste landfill (MSWLF) in
Indian Country, you will need to be
familiar with the federal regulations
governing municipal solid waste
(MSW) disposal. These regulations
specify safe design and management
practices that control releases into
ground water, location and operating
procedures that protect human health,
as well as closure procedures,
including long-term monitoring of
landfill conditions that will protect
future generations. (The citation for
the actual regulation, and other helpful
guidance documents, are at the end of
this tipsheet). Given the complexity of
the regulations, the U.S.
Environmental Protection Agency
(EPA) established different effective
dates for various types of MSWLFs.
With the different federal requirements
affecting municipal solid waste disposal
and the various effective dates, it's not
surprising that some confusion exists
about when and how tribes should be
in compliance with the various
regulations. The purpose
of this tipsheet is to: (1) clarify the
effective dates for EPAs MSWLF rides
and (2) explain how you can
realistically meet these deadlines and
protect public health and the
environment in your community.
MSWLF DEADLINE IS COMING UP
If you're a qualifying small landfill
owner or operator, the compliance
date for your MSWLF is rapidly
approaching. A qualifying small
landfill receives less than 20 tons of
waste per day (averaged yearly), has
no evidence of ground-water
contamination, and meets one of the
following circumstances:
4 The community has no practical
waste management alternative, and
the landfill is located in an area
that receives less than 25 inches of
precipitation annually; or
+ The community undergoes an
annual interruption of surface
transportation, lasting at least 3
consecutive months, that prevents
access to a regional facility.
Following several extensions to assist
qualifying small landfill owners and
operators, the effective date for compli-
ance with the MSWLF standards is now
set for October 9, 1997. By that date,
you must decide whether you will
continue to operate your qualifying
small landfill. The requirements and
compliance dates for a typical qualifying
small tribal landfill are shown on the
chart on the back.
If you are currently operating any
other type of MSWLF, you should
already be in compliance with the
federal standards for municipal solid
waste disposal. The effective date for
compliance was October 9, 1993.
DIFFERENT RULES,
DIFFERENT DATES
The Indian Lands Open Dump
Cleanup Act of 1994 (PL 103-
399) is the source of some of the
confusion over the effective date for
MSWLF standards. This law requires
the Director of the Indian Health Service
to develop and implement a 10 year plan
"to address solid waste disposal needs
on Indian lands and Alaska Native
lands." However, this statute also makes
it clear that the requirements of the
Resource Conservation and Recovery
Act (RCRA), as implemented by the
MSWLF rules, are not superseded. This
means your first obligation is to comply
with the MSWLF regulations.
Printed on paper that contains at least 20 percent postconsumer fiber.
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Will the deadline for qualifying
small MSWLFs be extended?
EPA considers the requirements
in the MSWLF regulations essential
to safeguard the health of tribal com-
munities and protect your lands. At
the same time, the unique circum-
stances of qualifying small MSWLFs
have delayed the effective date of the
standards for these particular land-
fills twice to give you a chance to
make an informed decision about
continued operation. Further delay
in the effective date may jeopardize
tribal health and safety, and increase
the potential for future clean-up costs.
EPA believes that, at this time, you
can meet the requirements for quali-
fying small MSWLFs described above
without incurring substantial costs.
What happens if I miss the deadline?
EPAs 1984 Indian Policy states
that the Agency has been and will
continue to "work cooperatively with
tribal leadership" toward compliance
with the MSWLF regulations. How-
ever, qualifying small MSWLFs that
are not in compliance with the fed-
eral requirements by October 9, 1997,
will be subject to the "citizen suit"
IMPORTANT DATES TO REMEMBER
FOR QUALIFYING SMALL MSWLFs
IF YOU STOP OPERATING:
Action Date
* Stop taking waste. October 9, 1997
f Apply final cover. October 9, 1998
IF YOU CONTINUE TO OPERATE:
Action Date
f Apply daily cover. October 9, 1997
f Monitor for methane gas quarterly
(at a cost of $100 per quarter).
4 Prohibit disposal of liquid wastes.
* Keep out regulated hazardous waste
by conducting routine inspections.
* Prepare plans for closure (including final cover)
and post-closure care.
* Obtain financial mechanisms (e.g., a trust fund)
to cover costs of closure and post-closure care.
provisions of RCRA. RCRA allows
any person to sue owners and
operators of MSWLFs (including
those in Indian Country) who are
alleged to be in violation of MSWLF
requirements promulgated under
this statute.
How can I get more information?
The following publications appli-
cable to this rulemaking are available
through the RCRA Hotline. To order,
call 800 424-9346 (or TDD 800 553-
7672 for the hearing impaired). In
Washington, DC, the number is 703
412-9810 or TDD 703 412-3323. The
RCRA Hotline is open Monday
through Friday, 9 a.m. to 6 p.m. e.s.t.
Many of these documents are also
available via the Internet. Appropriate
Internet "addresses" for these
documents are provided.
Available from RCRA Hotline:
Decision-Maker's Guide to Solid Waste
Management, Second Edition 530-R-95-023
http://www.epa.gov/epaoswer/non-
hw/muncpiydmg2.htm
Contains technical and economic
information to assist solid waste
management practitioners in planning,
managing, and operating MSW programs
and facilities.
Preparing No-Migration Petitions
530-R-96-020
http://www.epa.gov/epaoswer/non-
hw/muncpl/landfill.htm
Provides information to help owners and
operators of small MSWLFs to develop
and submit no-migration petitions to State
permit authorities.
Criteria for Solid Waste Disposal Facilities:
A Guide for Owners/Operators
530/SW-91-089
http://www.epa.gov/epaoswer/non-
hw/muncpl/criteria.htm
Provides owners and operators of
MSWLFs basic information on applicable
RCRA regulations.
Solid Waste Disposal Criteria,
Final Rule
OSWFR91004
Not available electronically
Federal regulations that cover municipal
solid waste landfill location and operation,
design, ground-water monitoring and
corrective action, closure and post-closure
care, and financial assurance.
Safer Disposal for Solid Waste: The Federal
Regulations for Landfills 530/SW-91-092
http://www.epa.gov/epaoswer/non-
hw/safedis.htm
Summarizes Municipal Solid Waste
Disposal Criteria, Final Rule. Gives
owners, operators and local officials dates
for compliance and additional sources of
information.
Available from National Technical
Information Service by calling
703 487-4650:
Municipal Solid Waste Disposal Facility
Criteria: Technical Manual PB94-100 450
Addresses general applicability of the
Municipal Solid Waste Disposal Criteria.
Includes the regulatory language, a general
explanation of the regulations and who
must comply with them, key technical
issues that may need to be addressed to
ensure compliance with a particular
requirement, and information sources.
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