NEW LANDFILL CRITERIA. THE CRITERIA FROM A NATIONAL SOLID WASTE MANAGEMENT FIRM'S VIEW.

On September 13, 1979, the United States Environmental Protection Agency (EPA) published its final rule for defining the criteria to be used for classifying solid waste disposal facilities and practices. The criteria establish a level of proection necessary to provide that ″no reasonable probability of adverse effects on health or the environment″ will result from operation of a ″sanitary landfill″ facility. Hence in setting these criteria the EPA is providing a general definition of ″sanitary landfill″ and ″open dump″ while citing that landfills can be located, designed, and operated in an environmentally-safe manner. However, the author believes that EPA developed the criteria more from a mandate for environmental protection than from a mandate of clear Congressional direction. While commendable so as to fulfill the broad objectives of the law, actual implementation of the criteria - and hence the law - may be stymied by judicial judgments and legal interpretations resulting from litigation. The likely effect of these criteria when used for evaluating a facility remains uncertain. Much of this uncertainty stems from the fact that the determination of compliance or non-compliance can depend upon the evaluator's interpretation of the criteria. As published, the criteria do not address closure requirements.