42 U.S.C. § 6944

Criteria for sanitary landfills; sanitary landfills required for all disposal

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(a) Criteria for sanitary landfills

Not later than one year after October 21, 1976, after consultation with the States, and after notice and public hearings, the Administrator shall promulgate regulations containing criteria for determining which facilities shall be classified as sanitary landfills and which shall be classified as open dumps within the meaning of this chapter. At a minimum, such criteria shall provide that a facility may be classified as a sanitary landfill and not an open dump only if there is no reasonable probability of adverse effects on health or the environment from disposal of solid waste at such facility. Such regulations may provide for the classification of the types of sanitary landfills.

(b) Disposal required to be in sanitary landfills, etc.

For purposes of complying with section 6943(2) 11 See References in Text note below. of this title each State plan shall prohibit the establishment of open dumps and contain a requirement that disposal of all solid waste within the State shall be in compliance with such section 6943(2) 1 of this title.

The prohibition contained in subsection (b) shall take effect on the date six months after the date of promulgation of regulations under subsection (a).

(Pub. L. 89–272, title II, § 4004, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2815; amended Pub. L. 98–616, title III, § 302(b), Nov. 8, 1984, 98 Stat. 3268.)Editorial NotesReferences in Text

Section 6943(2) of this title, referred to in subsec. (b), was redesignated section 6943(a)(2) of this title by Pub. L. 96–463, § 5(b), Oct. 15, 1980, 94 Stat. 2056, and Pub. L. 96–482, § 32(d)(2), Oct. 21, 1980, 94 Stat. 2353.

Amendments

1984—Subsec. (c). Pub. L. 98–616 struck out “or on the date of approval of the State plan, whichever is later” at end.

Executive DocumentsTransfer of Functions

For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.

Notes of Decisions

Cited in 32 cases (9 in the last 5 years), 1980–2025 · leading case: Util. Solid Waste Activities Grp. v. Envtl. Prot. Agency

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Util. Solid Waste Activities Grp. v. Envtl. Prot. Agency (2018) cadc · cites it 17× “at 21,338-21 ,339 ; 42 U.S.C. § 6944 (a). The statutory framework calling for regulation of solid waste generation, storage, and disposal has been in place since 1976, when Congress enacted the Resource Conservation and Recovery Act ("RCRA"), 42 U.”

Hackensack Riverkeeper, Inc. v. Delaware Ostego Corp. (2006) njd · cites it 3× “Congress conferred this task on the EPA Administrator, 42 U.S.C.A. § 6944 (a). The EPA accomplishes this task via 40 C.”

Cox v. City of Dallas (2001) ca5 “See 42 U.S.C. § 6944 (a). Residents adjacent to the dumps report the appearance of snakes and rats in their backyards since the beginning of the illegal dumping, and the dumps are easily accessible to children in the neighborhood.”

Maine People's Alliance & Natural Resources Defense Council v. Mallinckrodt, Inc. (2006) ca1 “, RCRA § 4004(a), codified at 42 U.S.C. § 6944 (a) (providing that sanitary landfills must have “no reasonable probability of adverse effects on health or the environment”).”

City of Gallatin v. Cherokee County (1983) txed · cites it 5× “” 42 U.S.C. § 6944 (a). Specifically, it is alleged by plaintiff that contaminated water will seep out of the landfill and pollute potable ground water and surface water beyond the perimeters of the landfill site.”

South Road Associates v. International Business MacHines Corporation (2000) ca2 · cites it 2× “” 42 U.S.C. § 6944 (a). Thus both the statutory prohibition on open dumps and dumping (§ 6945(a)) and the statutory definition (§ 6903(14)) define “open dump” by reference to regulatory criteria promulgated by the Environmental Protection Agency (“EPA”).”

StarLink Logistics, Inc. v. ACC, LLC (2024) ca6 · cites it 2× “§§ 1311 (a), 1344 (Count 2); (3) engaging in open dumping of solid waste, in violation of RCRA, 42 U.S.C. §§ 6944 (b), 6945 (Count 3); (4) violating the post- landfill closure requirements of Tennessee’s solid waste management plan, see Tenn.”

Appalachian Voices v. McCarthy (2013) dcd “Resource Conservation and Recovery Act of 1976 §§ 4004(a), (b), 42 U.S.C. §§ 6944 (a), (b). State plans must then provide for the disposal of solid waste in sanitary landfills and the closing or upgrading of existing open dumps.”

Environmental Integrity Project v. McCarthy (2016) cadc “257; see also 42 U.S.C. § 6944 (a). Facilities that fail to satisfy these criteria are classified as “open *11 dumps”; practices that fail to satisfy the criteria are classified as “open dumping.”

Northern California River Watch v. Honeywell Aerospace (2011) cand · cites it 2× “The Site does not qualify as a landfill under 42 U.S.C. § 6944 , and does not qualify as a facility for the disposal of hazardous waste.”

United States v. SOLVENTS RECOVERY SERV., ETC. (1980) ctd “By the terms of RCRA, the EPA was to have promulgated regulations no later than October 21, 1977 (in the case of regulations required by 42 U.S.C. § 6944 (a)) and April 21, 1978 (under 42 U.”

Dublin Scarboro Improvement Ass'n v. Harford County (1988) mdd “Violation of the open dumping prohibition of the Resources Conservation and Recovery Act (“RCRA”), 42 U.S.C. §§ 6944 (a), 6945(a) (1983 & 1987 Supp.”

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