[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR6.5]

[Page 49-50]
 
              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.  6.5  Solid waste disposal sites in operation on September 1, 1984.

    (a) The operator of a solid waste disposal site in operation as of 
September 1, 1984, within the boundaries of a unit of the National Park 
System, having been in continuous operation on January 23, 1995, and who 
wishes to remain in operation, must submit to the proper Superintendent 
for review by the Regional Director, within 180 calendar days of January 
23, 1995, a permit request and an environmental report as described in 
Sec.  6.4(b) (1)-(9).
    (b) Any operator who fails to submit a request as described in 
paragraph (a) of this section will not be allowed to continue operations 
and must immediately fulfill all applicable closure and post-closure 
care requirements.
    (c) The Regional Director may approve a request to allow the 
continued use of a solid waste disposal site only if the operator has 
shown and the Regional Director finds that:
    (1) Adverse effects resulting from leachate, noise, odor, vehicular 
traffic, litter and other activities upon natural and cultural resources 
will be adequately mitigated;
    (2) The proposed operator meets all other applicable Federal, State 
and local laws and regulations, including permit requirements;
    (3) The site will no longer be used for the storage, handling or 
disposal of a solid waste containing:
    (i) Hazardous waste;
    (ii) Municipal solid waste incinerator ash;
    (iii) Lead-acid batteries;

[[Page 50]]

    (iv) Polychlorinated Biphenyls (PCBs) or a PCB Item;
    (v) A material registered as a pesticide by the Environmental 
Protection Agency under the Federal Insecticide, Fungicide and 
Rodenticide Act (7 U.S.C. 136 et seq.);
    (vi) Sludge from a waste treatment plant, septic system waste or 
domestic sewage;
    (vii) Petroleum, including used crankcase oil from a motor vehicle, 
or soil contaminated by such products;
    (viii) Non-sterilized medical waste;
    (ix) Radioactive materials; or
    (x) Tires;
    (4) The proposed closure and post-closure care is sufficient to 
protect the resources of the National Park System unit from degradation; 
and
    (5) The site conforms to all of the restrictions and criteria 
applicable to the site under 40 CFR 257.3 and 40 CFR part 258, or where 
applicable, 40 CFR part 240, Guidelines for the Thermal Processing of 
Solid Waste.
    (d) If the Regional Director finds that the permit request and the 
environmental report do not meet the conditions for approval set forth 
in paragraph (c) of this section, the Regional Director shall reject the 
request and notify the proposed operator of the reasons for the 
rejection. Within 90 calendar days of such notice, the operator of the 
solid waste disposal site must cease disposing of solid waste at the 
site. The operator may resume disposing of solid waste only upon 
submission and approval of a permit request and environmental report 
that the Regional Director determines meet the conditions set forth in 
paragraph (c) of this section.
    (e) Site expansions. (1) A request for an existing solid waste 
disposal site to continue operations by expanding its capacity, 
laterally or vertically, is considered a request for a new solid waste 
disposal site and is subject to the conditions of Sec.  6.4(a), except 
as provided in paragraph (e)(2) of this section.
    (2) A request for an existing solid waste disposal site to continue 
operations by expanding its capacity, laterally or vertically, will be 
judged by the approval conditions of paragraph (c) of this section if 
the operator shows that:
    (i) The solid waste is generated solely from sources within the 
boundaries of the unit;
    (ii) The area proposed for site expansion encompasses only 
nonfederal lands owned or leased by the operator; and
    (iii) the solid waste disposal site lacks road, rail, or adequate 
water access to any lands outside the unit for all or substantial 
portions of the year.
    (f) After January 23, 1995, an operator of an NPS-approved existing 
landfill solid waste disposal site may convert that site to a transfer 
station only after submitting a request under paragraph (a) of this 
section, and only after receiving approval from the Regional Director 
under paragraph (c) of this section. The Regional Director may approve 
such a request, if in addition to meeting the standards of paragraph (c) 
of this section, the Regional Director finds that the conversion to a 
transfer station better protects the unit's natural or cultural 
resources than the existing land-fill operation.