[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: 36CFR6.9]

[Page 49]
 
              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. 6.9  Permits.

    (a) A permit issued under this section is required to operate a 
solid waste disposal site within the boundaries of a unit of the 
National Park System, except as specified in Sec. 6.2(c) or Sec. 6.7(c).
    (b) Upon receipt of a request under Sec. 6.4, Sec. 6.5 or Sec. 6.6, 
the Regional Director will analyze whether a new site, or continued 
operation of an existing site, meets the approval conditions of 
Sec. 6.4, or Sec. 6.5 respectively. The Regional Director will also 
review the request under appropriate laws and executive orders, 
including, but not limited to the National Environmental Policy Act (43 
U.S.C. 4321), the National Historic Preservation Act (16 U.S.C. 470), 
the Endangered Species Act (16 U.S.C. 1531-1543), and E.O. 11988, 
Floodplain Management (3 CFR, 1978 Comp., p. 117), and E.O. 11990, 
Wetland Protection (3 CFR, 1978 Comp., 121).
    (c) The Regional Director must approve or deny a solid waste 
disposal site request under this part within 180 calendar days of 
receipt of the request. The 180 calendar days do not include any days 
required for consultation with State or Federal agencies under, but not 
limited to, the Endangered Species Act, the National Historic 
Preservation Act and the Coastal Zone Management Act, or days required 
to prepare an Environmental Impact Statement under the National 
Environmental Policy Act.
    (d) If the Regional Director approves a solid waste disposal site 
request under Sec. 6.4, Sec. 6.5 or Sec. 6.6, the Regional Director may 
issue, after operator compliance with Sec. 6.10, a nontransferable 
permit, the term of which shall not exceed five years. The permittee may 
request a new five year permit upon expiration of an existing permit. 
The permit instrument will be Form 10-114 (OMB No. 1024-0026), Special 
Use Permit, available from the park Superintendent.
    (e) A permit for a solid waste disposal site will prescribe the site 
capacity and the requirements under which the solid waste disposal site 
will be operated. The requirements must include, but are not limited to:
    (1) Hours of operation;
    (2) Number, frequency, size, gross weight and types of vehicles 
used, and access routes;
    (3) Type and height of perimeter fencing;
    (4) Compliance with all applicable Federal, State and local laws and 
regulations, including permit requirements;
    (5) Type and frequency of groundwater, surface water, explosive gas 
and other pertinent natural resource monitoring;
    (6) Rights and conditions of access for inspection by National Park 
Service and other responsible Federal, State or local officials;
    (7) Closure and post-closure care requirements;
    (8) Methods of pest and vermin control;
    (9) Methods of excluding hazardous waste, municipal solid waste 
incinerator ash, lead-acid batteries, PCBs and PCB Items, material 
registered by the Environmental Protection Agency as a pesticide, sludge 
from a waste treatment plant or septic system, domestic sewage, 
petroleum, including used crankcase oil from a motor vehicle and soil 
contaminated by such products, medical waste, radioactive materials and 
tires;
    (10) Methods of excluding waste generated from non-National Park 
Service activities, except for a solid waste disposal site approved 
under Sec. 6.5, or Sec. 6.6, or Sec. 6.7(c); and
    (11) Methods of litter control.
    (f) Any conflict between a requirement of the permit issued by the 
National Park Service and a requirement of State or local law will be 
resolved in favor of the stricter of the two requirements.