[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR6.2]

[Page 43-44]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 6--SOLID WASTE DISPOSAL SITES IN UNITS OF THE NATIONAL PARK 
SYSTEM--Table of Contents
 
Sec. 6.2  Applicability and scope.

    (a) The regulations contained in this part apply to all lands and 
waters within the boundaries of all units of the National Park System, 
whether federally or nonfederally owned, and without regard to whether 
access to a solid waste disposal site requires crossing federally-owned 
or controlled lands or waters.
    (b) The regulations contained in this part govern:
    (1) The use of solid waste disposal sites not in operation on 
September 1, 1984, including the approval of new solid waste disposal 
sites;
    (2) The continued use or closure of solid waste disposal sites that 
were in operation on September 1, 1984;
    (3) The continued use or closure of solid waste disposal sites on 
lands or waters added to the National Park System after January 23, 
1995.
    (c) Exceptions.
    (1) The regulations contained in this part do not govern the 
disposal of residential or agricultural solid wastes in a site by a 
person who can show that he or she:
    (i) Resides within the boundaries of the unit;
    (ii) Generates the residential or agricultural solid waste within 
the boundaries of the unit;

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    (iii) Disposes of the solid waste only on lands that the person owns 
or leases within the unit;
    (iv) Does not engage in a solid waste disposal practice that poses a 
reasonable probability of adverse effects on health or the environment, 
as described by the criteria in 40 CFR part 257, Criteria For 
Classification Of Solid Waste Disposal Facilities and Practices found at 
40 CFR 257.3-1 to 257.3-8; and
    (v) Is not required to possess a State or local permit or license 
for the disposal of solid waste.
    (2) The exemption in paragraph (c)(1) of this section does not apply 
to agricultural solid waste consisting of a chemical used as a 
pesticide, an item used to apply, or a container used to store, a 
pesticide.
    (3) Manure and crop residue returned to the soil as a fertilizer or 
soil conditioner are not solid wastes for purposes of this part, and do 
not require a request, environmental report, financial assurance or 
permit issued under this part.
    (d) The conditions in Sec. 6.4(a) govern the establishment of new, 
or the expansion of existing, solid waste disposal sites operated by the 
National Park Service. The conditions in Sec. 6.5(c) govern the 
continued use of existing solid waste disposal sites operated by the 
National Park Service. However, the permit, financial assurance, 
administrative and penalty provisions of this part do not apply to any 
solid waste disposal site operated by the National Park Service.