article: SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Local Government Landfill Compliance Deadline Act''. (b) Purpose.--The purpose of this Act is to strengthen the ability of county and city officials to fulfill the goals established for municipal solid waste landfills by allowing adequate time for wise, environmentally sound, and fiscally responsible decisionmaking by the officials in a manner consistent with the obligations of the officials to the citizens they serve. SEC. 2. TEMPORARY EXEMPTION OF CERTAIN LANDFILLS FROM MEETING REVISED CRITERIA. (a) Temporary Exemption.-- (1) In general.--Except as provided in paragraph (2), during the 1-year period beginning on October 9, 1993, each municipal solid waste landfill that-- (A) is in existence on October 8, 1993; and (B) meets the requirements of the criteria contained in regulations issued pursuant to sections 4004(a) and 4010(c) of the Solid Waste Disposal Act (42 U.S.C. 6944(a) and 6949a(c), respectively) as in effect on January 1, 1993, shall not be required to meet any revised criteria that take effect after the date specified in subparagraph (B). (2) Exceptions.-- (A) In general.--If the Administrator of the Environmental Protection Agency (referred to in this section as the `Administrator'), or the appropriate official of a State with a plan approved by the Administrator pursuant to title IV of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) (referred to in this section as an ``appropriate State official''), determines that the owner or operator of a municipal solid waste landfill did not make a good faith effort before October 9, 1993, to comply with any revised criteria that took effect after the date specified in paragraph (1)(B), the exemption described in paragraph (1) shall not apply to the landfill. (B) Temporary extension of exemption.--The owner or operator of a municipal solid waste landfill that is the subject of an exemption under paragraph (1) may submit an application to the Administrator or an appropriate State official (in the case of a State referred to in subparagraph (A)) for a 180-day extension of the exemption. The Administrator (or the appropriate State official) shall grant the extension if the Administrator (or the appropriate State official) determines that the owner or operator cannot achieve compliance with the revised criteria referred to in such paragraph by the end of the 1-year period specified in such paragraph because of 1 or more factors beyond the control of the owner or operator, including-- (i) litigation; (ii) adverse weather conditions that slow or bring to a temporary halt the construction of a landfill; (iii) a breakdown in negotiations for the construction or use of a regional landfill that requires any local government participating in the negotiations to pursue other arrangements for waste disposal; or (iv) any delay in siting, permitting, or patenting a landfill or transfer station, including any delay attributable to-- (I) the unavailability of, or inaccessibility to, technical assistance; or (II) procedures for purchasing, leasing, permitting, or patenting a site on Federal land, including carrying out any necessary environmental assessments or preparing environmental impact statements pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (C) Mandatory extension.--The Administrator (or the appropriate State official) may not disapprove any application referred to in subparagraph (B) in any case in which the Administrator (or appropriate State official) determines that the failure of a Federal agency or a department or agency of a State to issue a permit, patent, or other necessary approval for a landfill that is the subject of the application, or a transfer station associated with the landfill, has been a factor in the inability of the owner or operator of the landfill to achieve compliance with the revised criteria referred to in paragraph (1). (b) Prior Criteria Applicable During Exemption Period.--During the period specified in subsection (a)(1), and during any applicable additional period specified in subsection (a)(2)(B), a landfill subject to an exemption pursuant to this section shall be subject to the criteria referred to in subsection (a)(1)(B). (c) Effective Date of Revised Criteria.--Except as otherwise specifically provided in this Act, beginning on October 9, 1994, each municipal solid waste landfill shall be subject to the revised criteria applicable to the landfill issued pursuant to sections 4004(a) and 4010(c) of the Solid Waste Disposal Act (42 U.S.C. 6944(a) and 6949a(c), respectively), and any subsequent revision to the criteria. (d) Citizen Suits.--No person may commence a civil action pursuant to section 7002 of the Solid Waste Disposal Act (42 U.S.C. 6972) on the basis of the failure of a municipal solid waste landfill subject to the exemption described in subsection (a)(1) to meet any requirement with respect to which the exemption applies. SEC. 3. EXTENSION OF EFFECTIVE DATE OF FINANCIAL ASSURANCE REQUIREMENTS. (a) In General.--Notwithstanding any other provision of law, the Administrator shall issue regulations that revise the financial assurance requirements under subpart G of title 40, Code of Federal Regulations, to broaden the mechanisms available to an owner or operator of a municipal solid waste landfill for demonstrating financial responsibility. The revised regulations shall include revised criteria for determining whether mechanisms in addition to the mechanisms specified in the regulations may be approved by the Administrator. The revised criteria shall take into account the financial circumstances of small municipalities and counties (as defined and determined by the Administrator). (b) Effective Date.--The revised regulations promulgated pursuant to subsection (a) shall take effect on the date that is 2 years after the promulgation of the regulations. (c) Applicability.--During the period beginning on the effective date specified in section 258.70 of title 40, Code of Federal Regulations, and ending on the date specified in subsection (b), the financial assurance requirements under subpart G of part 258 of title 40, Code of Federal Regulations, shall not apply. SEC. 4. GROUND WATER MONITORING. (a) In General.--As soon as practicable after the date of enactment of this Act, the Administrator shall issue regulations that exempt from the ground water monitoring requirements under sections 258.51 through 258.55 of title 40, Code of Federal Regulations, any municipal solid waste landfill unit described in the matter preceding clause (i) in section 258.1(f)(1), as added by the final rule published at 56 Fed. Reg. 50798 on October 9, 1991, (referred to in this section as a ``small landfill'')-- (1) in a community that experiences an annual interruption of at least 3 consecutive months of surface transportation that prevents access to a regional waste management facility; or (2) in a community that has no practicable waste management alternative and that has a small landfill unit located in an area that annually receives less than or equal to 25 inches of precipitation. (b) Effective Date.--The regulations promulgated pursuant to subsection (a) shall take effect on the date that is 2 years after the date of enactment of this Act. (c) Exemption.--Notwithstanding any other provision of law, before the effective date of the regulations referred to in subsection (b), a landfill referred to in subsection (a) shall not be required to carry out any ground water monitoring activities required under Federal law.
summary: Local Government Landfill Compliance Deadline Act - Exempts municipal solid waste landfills existing as of October 8, 1993, which meet criteria under the Solid Waste Disposal Act as in effect on January 1, 1993, from meeting any revised criteria (established for facilities which may receive hazardous wastes) for a period of one year. Makes such exemption inapplicable to landfill owners or operators who did not make a good faith effort before October 9, 1993, to comply with criteria. Provides for a 180-day extension of the exemption subject to specified factors beyond the control of the owner or operator. Directs the Administrator of the Environmental Protection Agency to issue regulations to revise specified financial assurance requirements under the Code of Federal Regulations (CFR) to broaden the mechanisms available to municipal landfill owners or operators for demonstrating financial responsibility. Makes current requirements inapplicable until the effective date of such regulations. Requires the Administrator to issue regulations that exempt certain small landfills from CFR groundwater monitoring requirements.