[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR239.6]



[Page 315-316]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 239_REQUIREMENTS FOR STATE PERMIT PROGRAM DETERMINATION OF ADEQUACY

--Table of Contents

 

           Subpart C_Requirements for Adequate Permit Programs

 

Sec.  239.6  Permitting requirements.





    (a) State law must require that:

    (1) Documents for permit determinations are made available for 

public review and comment; and

    (2) Final determinations on permit applications are made known to 

the public.

    (b) The state shall have procedures that ensure that public comments 

on permit determinations are considered.

    (c) The state must fully describe its public participation 

procedures for permit issuance and post-permit actions in the narrative 

description required under Sec.  239.4 and include a copy of these 

procedures in its permit program application.

    (d) The state shall have the authority to collect all information 

necessary to issue permits that are adequate to ensure compliance with 

the relevant 40 CFR part 257, subpart B or 40 CFR part 258 federal 

revised criteria.

    (e) For municipal solid waste landfill units, state law must require 

that:

    (1) Prior to construction and operation, all new municipal solid 

waste



[[Page 316]]



landfill units shall have a permit incorporating the conditions 

identified in paragraph (e)(3) of this section;

    (2) All existing municipal solid waste landfill units shall have a 

permit incorporating the conditions identified in paragraph (e)(3) of 

this section by the deadlines identified in 40 CFR 258.1;

    (3) The state shall have the authority to impose requirements for 

municipal solid waste landfill units adequate to ensure compliance with 

40 CFR part 258. These requirements shall include:

    (i) General standards which achieve compliance with 40 CFR part 258, 

subpart A;

    (ii) Location restrictions for municipal solid waste landfill units 

which achieve compliance with 40 CFR part 258, subpart B;

    (iii) Operating criteria for municipal solid waste landfill units 

which achieve compliance with 40 CFR part 258, subpart C;

    (iv) Design criteria for municipal solid waste landfill units which 

achieve compliance with 40 CFR part 258, subpart D;

    (v) Ground-water monitoring and corrective action standards for 

municipal solid waste landfill units which achieve compliance with 40 

CFR part 258, subpart E;

    (vi) Closure and post-closure care standards for municipal solid 

waste landfill units which achieve compliance with 40 CFR part 258, 

subpart F; and

    (vii) Financial assurance standards for municipal solid waste 

landfill units which achieve compliance with 40 CFR part 258, subpart G.

    (f) For non-municipal, non-hazardous waste disposal units that 

receive CESQG waste, state law must require that:

    (1) Prior to construction and operation, all new non-municipal, non-

hazardous waste disposal units that receive CESQG hazardous waste shall 

have a permit incorporating the conditions identified in paragraph 

(f)(3) of this section;

    (2) All existing non-municipal, non-hazardous waste disposal units 

that receive CESQG hazardous waste shall have a permit incorporating the 

conditions identified in paragraph (f)(3) of this section by the 

deadlines identified in 40 CFR 257.5;

    (3) The state shall have the authority to impose requirements for 

non-municipal, non-hazardous waste disposal units that receive CESQG 

hazardous waste adequate to ensure compliance with 40 CFR part 257, 

subpart B. These requirements shall include:

    (i) General standards which achieve compliance with 40 CFR part 257, 

subpart B (Sec.  257.5);

    (ii) Location restrictions for non-municipal, non-hazardous waste 

disposal units which achieve compliance with 40 CFR 257.7 through 

257.13;

    (iii) Ground-water monitoring and corrective action standards for 

non-municipal, non-hazardous waste disposal units which achieve 

compliance with 40 CFR 257.21 through 257.28; and,

    (iv) Recordkeeping for non-municipal, non-hazardous waste disposal 

units which achieves compliance with 40 CFR 257.30.