---
kind: "section"
citation: "42 U.S.C. § 6945"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6945"
heading: "Upgrading of open dumps"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6945"
units:
  - "Chapter 82 — Solid Waste Disposal"
  - "Subchapter IV — State or Regional Solid Waste Plans"
---

# §6945. Upgrading of open dumps

- (a) **Closing or upgrading of existing open dumps—** Upon promulgation of criteria under [section 6907(a)(3) of this title](/usc/42/6907.md?p=a-3), any [solid waste management](/usc/42/6903.md?p=28) practice or [disposal](/usc/42/6903.md?p=3) of [solid waste](/usc/42/6903.md?p=27) or [hazardous waste](/usc/42/6903.md?p=5) which constitutes the open dumping of [solid waste](/usc/42/6903.md?p=27) or [hazardous waste](/usc/42/6903.md?p=5) is prohibited, except in the case of any practice or [disposal](/usc/42/6903.md?p=3) of [solid waste](/usc/42/6903.md?p=27) under a timetable or schedule for compliance established under this section. The prohibition contained in the preceding sentence shall be enforceable under [section 6972 of this title](/usc/42/6972.md) against [persons](/usc/42/6903.md?p=15) engaged in the act of open dumping. For purposes of complying with section [6943(a)(2)](/usc/42/6943.md?p=a-2) and [6943(a)(3)](/usc/42/6943.md?p=a-3) of this title, each [State](/usc/42/6903.md?p=31) plan shall contain a requirement that all existing [disposal](/usc/42/6903.md?p=3) facilities or sites for [solid waste](/usc/42/6903.md?p=27) in such [State](/usc/42/6903.md?p=31) which are [open dumps](/usc/42/6903.md?p=14) listed in the inventory under [subsection (b)](#b) shall comply with such measures as may be promulgated by the [Administrator](/usc/42/6903.md?p=1) to eliminate health hazards and minimize potential health hazards. Each such plan shall establish, for any entity which demonstrates that it has considered other public or private alternatives for [solid waste management](/usc/42/6903.md?p=28) to comply with the prohibition on open dumping and is unable to utilize such alternatives to so comply, a timetable or schedule for compliance for such practice or [disposal](/usc/42/6903.md?p=3) of [solid waste](/usc/42/6903.md?p=27) which specifies a schedule of remedial measures, including an enforceable sequence of actions or operations, leading to compliance with the prohibition on open dumping of [solid waste](/usc/42/6903.md?p=27) within a reasonable time (not to exceed 5 years from the date of publication of criteria under [section 6907(a)(3) of this title](/usc/42/6907.md?p=a-3)).
- (b) **Inventory—** To assist the [States](/usc/42/6903.md?p=31) in complying with [section 6943(a)(3) of this title](/usc/42/6943.md?p=a-3), not later than one year after promulgation of regulations under [section 6944 of this title](/usc/42/6944.md), the [Administrator](/usc/42/6903.md?p=1), with the cooperation of the Bureau of the Census shall publish an inventory of all [disposal](/usc/42/6903.md?p=3) facilities or sites in the United States which are [open dumps](/usc/42/6903.md?p=14) within the meaning of this chapter.
- (c) **Control of hazardous disposal—**
  - (1)
    - (A) Not later than 36 months after November 8, 1984, each [State](/usc/42/6903.md?p=31) shall adopt and implement a permit program or other system of prior approval and conditions to assure that each [solid waste management facility](/usc/42/6903.md?p=29) within such [State](/usc/42/6903.md?p=31) which may receive hazardous household waste or [hazardous waste](/usc/42/6903.md?p=5) due to the provision of [section 6921(d) of this title](/usc/42/6921.md?p=d) for small quantity generators (otherwise not subject to the requirement for a permit under [section 6925 of this title](/usc/42/6925.md)) will comply with the applicable criteria promulgated under section [6944(a)](/usc/42/6944.md?p=a) and [6907(a)(3)](/usc/42/6907.md?p=a-3) of this title.
    - (B) Not later than eighteen months after the promulgation of revised criteria under subsection[^1] [6944(a)](/usc/42/6944.md?p=a) of this title (as required by [section 6949a(c) of this title](/usc/42/6949a.md?p=c)), each [State](/usc/42/6903.md?p=31) shall adopt and implement a permit program or other system or[^2] prior approval and conditions, to assure that each [solid waste management facility](/usc/42/6903.md?p=29) within such [State](/usc/42/6903.md?p=31) which may receive hazardous household waste or [hazardous waste](/usc/42/6903.md?p=5) due to the provision of [section 6921(d) of this title](/usc/42/6921.md?p=d) for small quantity generators (otherwise not subject to the requirement for a permit under [section 6925 of this title](/usc/42/6925.md)) will comply with the criteria revised under [section 6944(a) of this title](/usc/42/6944.md?p=a).
    - (C) The [Administrator](/usc/42/6903.md?p=1) shall determine whether each [State](/usc/42/6903.md?p=31) has developed an adequate program under this paragraph. The [Administrator](/usc/42/6903.md?p=1) may make such a determination in conjunction with approval, disapproval or partial approval of a [State](/usc/42/6903.md?p=31) plan under [section 6947 of this title](/usc/42/6947.md).
  - (2)
    - (A) In any [State](/usc/42/6903.md?p=31) that the [Administrator](/usc/42/6903.md?p=1) determines has not adopted an adequate program for such facilities under [paragraph (1)(B)](#c-1-B) by the date provided in such paragraph, the [Administrator](/usc/42/6903.md?p=1) may use the authorities available under sections [6927](/usc/42/6927.md) and [6928](/usc/42/6928.md) of this title to enforce the prohibition contained in [subsection (a)](#a) of this section with respect to such facilities.
    - (B) For purposes of this paragraph, the term “requirement of this subchapter” in [section 6928 of this title](/usc/42/6928.md) shall be deemed to include criteria promulgated by the [Administrator](/usc/42/6903.md?p=1) under sections [6907(a)(3)](/usc/42/6907.md?p=a-3) and [6944(a)](/usc/42/6944.md?p=a) of this title, and the term “[hazardous wastes](/usc/42/6903.md?p=5)” in [section 6927 of this title](/usc/42/6927.md) shall be deemed to include [solid waste](/usc/42/6903.md?p=27) at facilities that may handle hazardous household wastes or [hazardous wastes](/usc/42/6903.md?p=5) from small quantity generators.
- (d) **State programs for control of coal combustion residuals—**
  - (1) **Approval by Administrator—**
    - (A) **In general—** Each [State](/usc/42/6903.md?p=31) may submit to the [Administrator](/usc/42/6903.md?p=1), in such form as the [Administrator](/usc/42/6903.md?p=1) may establish, evidence of a permit program or other system of prior approval and conditions under [State](/usc/42/6903.md?p=31) law for regulation by the [State](/usc/42/6903.md?p=31) of coal combustion residuals units that are located in the [State](/usc/42/6903.md?p=31) that, after approval by the [Administrator](/usc/42/6903.md?p=1), will operate in lieu of regulation of coal combustion residuals units in the [State](/usc/42/6903.md?p=31) by—
      - (i) application of part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections [6907(a)(3)](/usc/42/6907.md?p=a-3) and [6944(a)](/usc/42/6944.md?p=a) of this title); or
      - (ii) [implementation](/usc/42/6903.md?p=8) by the [Administrator](/usc/42/6903.md?p=1) of a permit program under [paragraph (2)(B)](#d-2-B).
    - (B) **Requirement—** Not later than 180 days after the date on which a [State](/usc/42/6903.md?p=31) submits the evidence described in [subparagraph (A)](#d-1-A), the [Administrator](/usc/42/6903.md?p=1), after public notice and an opportunity for public comment, shall approve, in whole or in part, a permit program or other system of prior approval and conditions submitted under [subparagraph (A)](#d-1-A) if the [Administrator](/usc/42/6903.md?p=1) determines that the program or other system requires each coal combustion residuals unit located in the [State](/usc/42/6903.md?p=31) to achieve compliance with—
      - (i) the applicable criteria for coal combustion residuals units under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections [6907(a)(3)](/usc/42/6907.md?p=a-3) and [6944(a)](/usc/42/6944.md?p=a) of this title); or
      - (ii) such other [State](/usc/42/6903.md?p=31) criteria that the [Administrator](/usc/42/6903.md?p=1), after consultation with the [State](/usc/42/6903.md?p=31), determines to be at least as protective as the criteria described in [clause (i)](#d-1-B-i).
    - (C) **Permit requirements—** The [Administrator](/usc/42/6903.md?p=1) shall approve under [subparagraph (B)(ii)](#d-1-B-ii) a [State](/usc/42/6903.md?p=31) permit program or other system of prior approval and conditions that allows a [State](/usc/42/6903.md?p=31) to include technical standards for individual permits or conditions of approval that differ from the criteria under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections [6907(a)(3)](/usc/42/6907.md?p=a-3) and [6944(a)](/usc/42/6944.md?p=a) of this title) if, based on site-specific conditions, the [Administrator](/usc/42/6903.md?p=1) determines that the technical standards established pursuant to a [State](/usc/42/6903.md?p=31) permit program or other system are at least as protective as the criteria under that part.
    - (D) **Program review and notification—**
      - (i) **Program review—** The [Administrator](/usc/42/6903.md?p=1) shall review a [State](/usc/42/6903.md?p=31) permit program or other system of prior approval and conditions that is approved under [subparagraph (B)](#d-1-B)—
        - (I) from time to time, as the [Administrator](/usc/42/6903.md?p=1) determines necessary, but not less frequently than once every 12 years;
        - (II) not later than 3 years after the date on which the [Administrator](/usc/42/6903.md?p=1) revises the applicable criteria for coal combustion residuals units under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections [6907(a)(3)](/usc/42/6907.md?p=a-3) and [6944(a)](/usc/42/6944.md?p=a) of this title);
        - (III) not later than 1 year after the date of a significant release (as defined by the [Administrator](/usc/42/6903.md?p=1)), that was not authorized at the time the release occurred, from a coal combustion residuals unit located in the [State](/usc/42/6903.md?p=31); and
        - (IV) on request of any other [State](/usc/42/6903.md?p=31) that asserts that the soil, groundwater, or surface water of the [State](/usc/42/6903.md?p=31) is or is likely to be adversely affected by a release or potential release from a coal combustion residuals unit located in the [State](/usc/42/6903.md?p=31) for which the program or other system was approved.
      - (ii) **Notification and opportunity for a public hearing—** The [Administrator](/usc/42/6903.md?p=1) shall provide to a [State](/usc/42/6903.md?p=31) notice of deficiencies with respect to the permit program or other system of prior approval and conditions of the [State](/usc/42/6903.md?p=31) that is approved under [subparagraph (B)](#d-1-B), and an opportunity for a public hearing, if the [Administrator](/usc/42/6903.md?p=1) determines that—
        - (I) a revision or correction to the permit program or other system of prior approval and conditions of the [State](/usc/42/6903.md?p=31) is necessary to ensure that the permit program or other system of prior approval and conditions continues to ensure that each coal combustion residuals unit located in the [State](/usc/42/6903.md?p=31) achieves compliance with the criteria described in clauses [(i)](#d-1-B-i) and [(ii)](#d-1-B-ii) of subparagraph (B);
        - (II) the [State](/usc/42/6903.md?p=31) has not implemented an adequate permit program or other system of prior approval and conditions that requires each coal combustion residuals unit located in the [State](/usc/42/6903.md?p=31) to achieve compliance with the criteria described in [subparagraph (B)](#d-1-B); or
        - (III) the [State](/usc/42/6903.md?p=31) has, at any time, approved or failed to revoke a permit for a coal combustion residuals unit, a release from which adversely affects or is likely to adversely affect the soil, groundwater, or surface water of another [State](/usc/42/6903.md?p=31).
    - (E) **Withdrawal—**
      - (i) **In general—** The [Administrator](/usc/42/6903.md?p=1) shall withdraw approval of a [State](/usc/42/6903.md?p=31) permit program or other system of prior approval and conditions if, after the [Administrator](/usc/42/6903.md?p=1) provides notice and an opportunity for a public hearing to the relevant [State](/usc/42/6903.md?p=31) under [subparagraph (D)(ii)](#d-1-D-ii), the [Administrator](/usc/42/6903.md?p=1) determines that the [State](/usc/42/6903.md?p=31) has not corrected the deficiencies identified by the [Administrator](/usc/42/6903.md?p=1) under [subparagraph (D)(ii)](#d-1-D-ii).
      - (ii) **Reinstatement of State approval—** Any withdrawal of approval under [clause (i)](#d-1-E-i) shall cease to be effective on the date on which the [Administrator](/usc/42/6903.md?p=1) makes a determination that the [State](/usc/42/6903.md?p=31) has corrected the deficiencies identified by the [Administrator](/usc/42/6903.md?p=1) under [subparagraph (D)(ii)](#d-1-D-ii).
  - (2) **Nonparticipating states—**
    - (A) **Definition of nonparticipating State—** In this paragraph, the term “nonparticipating [State](/usc/42/6903.md?p=31)” means a [State](/usc/42/6903.md?p=31)—
      - (i) for which the [Administrator](/usc/42/6903.md?p=1) has not approved a [State](/usc/42/6903.md?p=31) permit program or other system of prior approval and conditions under [paragraph (1)(B)](#d-1-B);
      - (ii) the Governor of which has not submitted to the [Administrator](/usc/42/6903.md?p=1) for approval evidence to operate a [State](/usc/42/6903.md?p=31) permit program or other system of prior approval and conditions under [paragraph (1)(A)](#d-1-A);
      - (iii) the Governor of which provides notice to the [Administrator](/usc/42/6903.md?p=1) that, not fewer than 90 days after the date on which the Governor provides the notice to the [Administrator](/usc/42/6903.md?p=1), the [State](/usc/42/6903.md?p=31) will relinquish an approval under [paragraph (1)(B)](#d-1-B) to operate a permit program or other system of prior approval and conditions; or
      - (iv) for which the [Administrator](/usc/42/6903.md?p=1) has withdrawn approval for a permit program or other system of prior approval and conditions under [paragraph (1)(E)](#d-1-E).
    - (B) **Implementation of permit program—** In the case of a nonparticipating [State](/usc/42/6903.md?p=31) and subject to the availability of appropriations specifically provided in an appropriations Act to carry out a program in a nonparticipating [State](/usc/42/6903.md?p=31), the [Administrator](/usc/42/6903.md?p=1) shall implement a permit program to require each coal combustion residuals unit located in the nonparticipating [State](/usc/42/6903.md?p=31) to achieve compliance with applicable criteria established by the [Administrator](/usc/42/6903.md?p=1) under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections [6907(a)(3)](/usc/42/6907.md?p=a-3) and [6944(a)](/usc/42/6944.md?p=a) of this title).
  - (3) **Applicability of criteria—** The applicable criteria for coal combustion residuals units under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections [6907(a)(3)](/usc/42/6907.md?p=a-3) and [6944(a)](/usc/42/6944.md?p=a) of this title), shall apply to each coal combustion residuals unit in a [State](/usc/42/6903.md?p=31) unless—
    - (A) a permit under a [State](/usc/42/6903.md?p=31) permit program or other system of prior approval and conditions approved by the [Administrator](/usc/42/6903.md?p=1) under [paragraph (1)(B)](#d-1-B) is in effect for the coal combustion residuals unit; or
    - (B) a permit issued by the [Administrator](/usc/42/6903.md?p=1) in a [State](/usc/42/6903.md?p=31) in which the [Administrator](/usc/42/6903.md?p=1) is implementing a permit program under [paragraph (2)(B)](#d-2-B) is in effect for the coal combustion residuals unit.
  - (4) **Prohibition on open dumping—**
    - (A) **In general—** The [Administrator](/usc/42/6903.md?p=1) may use the authority provided by sections [6927](/usc/42/6927.md) and [6928](/usc/42/6928.md) of this title to enforce the prohibition on open dumping under [subsection (a)](#a) with respect to a coal combustion residuals unit—
      - (i) in a nonparticipating [State](/usc/42/6903.md?p=31) (as defined in [paragraph (2)](#d-2)); and
      - (ii) located in a [State](/usc/42/6903.md?p=31) that is approved to operate a permit program or other system of prior approval and conditions under [paragraph (1)(B)](#d-1-B), in accordance with subparagraph (B) of this paragraph.
    - (B) **Federal enforcement in an approved State—**
      - (i) **In general—** In the case of a coal combustion residuals unit located in a [State](/usc/42/6903.md?p=31) that is approved to operate a permit program or other system of prior approval and conditions under [paragraph (1)(B)](#d-1-B), the [Administrator](/usc/42/6903.md?p=1) may commence an administrative or judicial enforcement action under [section 6928 of this title](/usc/42/6928.md) if—
        - (I) the [State](/usc/42/6903.md?p=31) requests that the [Administrator](/usc/42/6903.md?p=1) provide assistance in the performance of an enforcement action; or
        - (II) after consideration of any other administrative or judicial enforcement action involving the coal combustion residuals unit, the [Administrator](/usc/42/6903.md?p=1) determines that an enforcement action is likely to be necessary to ensure that the coal combustion residuals unit is operating in accordance with the criteria established under the permit program or other system of prior approval and conditions.
      - (ii) **Notification—** In the case of an enforcement action by the [Administrator](/usc/42/6903.md?p=1) under [clause (i)(II)](#d-4-B-i-II), before issuing an order or commencing a civil action, the [Administrator](/usc/42/6903.md?p=1) shall notify the [State](/usc/42/6903.md?p=31) in which the coal combustion residuals unit is located.
      - (iii) **Annual report to Congress—**
        - (I) **In general—** Subject to [subclause (II)](#d-4-B-iii-II), not later than December 31, 2017, and December 31 of each year thereafter, the [Administrator](/usc/42/6903.md?p=1) shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes any enforcement action commenced under [clause (i)](#d-4-B-i), including a description of the basis for the enforcement action.
        - (II) **Applicability—** [Subclause (I)](#d-4-B-iii-I) shall not apply for any calendar year during which the [Administrator](/usc/42/6903.md?p=1) does not commence an enforcement action under [clause (i)](#d-4-B-i).
  - (5) **Indian country—** The [Administrator](/usc/42/6903.md?p=1) shall establish and carry out a permit program, in accordance with this subsection, for coal combustion residuals units in Indian country (as defined in [section 1151 of title 18](/usc/18/1151.md)) to require each coal combustion residuals unit located in Indian country to achieve compliance with the applicable criteria established by the [Administrator](/usc/42/6903.md?p=1) under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections [6907(a)(3)](/usc/42/6907.md?p=a-3) and [6944(a)](/usc/42/6944.md?p=a) of this title).
  - (6) **Treatment of coal combustion residuals units—** A coal combustion residuals unit shall be considered to be a [sanitary landfill](/usc/42/6903.md?p=26) for purposes of this chapter, including [subsection (a)](#a), only if the coal combustion residuals unit is operating in accordance with—
    - (A) the requirements of a permit issued by—
      - (i) the [State](/usc/42/6903.md?p=31) in accordance with a program or system approved under [paragraph (1)(B)](#d-1-B); or
      - (ii) the [Administrator](/usc/42/6903.md?p=1) pursuant to [paragraph (2)(B)](#d-2-B) or [paragraph (5)](#d-5); or
    - (B) the applicable criteria for coal combustion residuals units under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections [6907(a)(3)](/usc/42/6907.md?p=a-3) and [6944(a)](/usc/42/6944.md?p=a) of this title).
  - (7) **Effect of subsection—** Nothing in this subsection affects any authority, regulatory determination, other law, or legal obligation in effect on the day before December 16, 2016.

## Footnotes

[^1]: So in original. Probably should be “section”.
[^2]: So in original. Probably should be “of”.

## Source credit

(Pub. L. 89–272, title II, § 4005, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2815; amended Pub. L. 96–482, § 19(a), (b), Oct. 21, 1980, 94 Stat. 2345; Pub. L. 98–616, title III, § 302(c), title IV, § 403(c), title V, § 502(c), Nov. 8, 1984, 98 Stat. 3268, 3272, 3276; Pub. L. 114–322, title II, § 2301, Dec. 16, 2016, 130 Stat. 1736.)

## Notes

### Editorial Notes

### Codification

Another section 19(b) of Pub. L. 96–482 amended section 6946 of this title.

### Amendments

2016—Subsec. (d). Pub. L. 114–322 added subsec. (d).

1984—Subsec. (a). Pub. L. 98–616, § 403(c), inserted after first sentence “The prohibition contained in the preceding sentence shall be enforceable under section 6972 of this title against persons engaged in the act of open dumping.”

Pub. L. 98–616, § 502(c), inserted a closing parenthesis before the period at end.

Subsec. (c). Pub. L. 98–616, § 302(c), added subsec. (c).

1980—Subsec. (a). Pub. L. 96–482, § 19(a), (b)(1), struck out subsec. (a) which defined “open dump”, which is covered in section 6903(14) of this title, redesignated subsec. (c) as (a) and substituted “Upon promulgation of criteria under section 6907(a)(3) of this title, any” for “Any”, “section 6943(a)(2) and 6943(a)(3) of this title” for “section 6943(2) of this title”, and “criteria under section 6907(a)(3) of this title” for “the inventory under subsection (b)”.

Amendment by section 19(b)(1) of Pub. L. 96–482, directing that following reference to “4003(2)”, which had been editorially translated as section 6943(2) of this title, the phrase “and 4003(3)” be inserted, was executed by translating “4003(2) and 4003(3)” as section 6943(a)(2) and 6943(a)(3) of this title, in view of the designation of the existing provisions of section 6943 of this title as subsec. (a) of section 6943 of this title by section 5(b) of Pub. L. 96–463 and also by section 32(d)(2) of Pub. L. 96–482.

Subsec. (b). Pub. L. 96–482, § 19(b)(2), inserted introductory phrase “To assist the States in complying with section 6943(a)(3) of this title”. Amendment referring to section “4003(3)” was executed by translating “4003(3)” as section 6943(a)(3) of this title, in view of the designation of the existing provisions of section 6943 of this title as subsec. (a) of section 6943 of this title by section 5(b) of Pub. L. 96–463 and also by section 32(d)(2) of Pub. L. 96–482.

Subsec. (c). Pub. L. 96–482, § 19(a), redesignated subsec. (c) as (a).

### Executive Documents

### Transfer 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.