State & Local News Vol. 21, No. 3, Spring 1998 Environmental Law Update Stephanie Brown recently joined U.S. EPA headquarter's Office of Enforcement and Compliance Assurance in Washington, D.C., having practiced environmental law with Piper & Marbury L.L.P. in Baltimore, Maryland. Ms. Brown may be reached at (202) 564-2596 or brown.stephanie@epamail.epa.gov. The opinions expressed herein are those of the author and do not represent the views of EPA. By Stephanie P. Brown CERCLA Municipal Solid Waste Settlement Policy EPA has finalized its policy for settling the liability of MSW generators and transporters at CERCLA co-disposal sites (i.e., those with MSW and non-MSW waste) and the liability of municipal owners/operators of such sites. Under the policy, MSW generators and transporters will pay a unit cost of $5.30 per ton of MSW. Also, the policy sets the presumptive contribution of municipal owners/operators at 20 percent for a site. Generally, a coalition of municipalities jointly owning/operating a site will be considered a single owner/operator. The owner/operator presumptive share may be adjusted up to 35 percent where evidence shows the municipality(ies) exacerbated contamination or exposure, or received inordinately high revenues from the site. The policy also permits a downward adjustment of this presumptive share where the municipal owner(s)/operator(s) made voluntary, specific efforts to mitigate environmental harm. See 63 Fed. Reg. 8,197 (Feb. 18, 1998) or http://www.epa.gov/oeca/osre.html. Effluent Limitations for MSW Landfills EPA has proposed national effluent limitation guidelines and pretreatment standards for wastewater discharges from landfills that are not associated with other industrial or commercial activities. Among other things, the proposed rule establishes technology-based limitations for wastewater discharges from new and existing nonhazardous waste landfills (e.g., MSWLFs) and hazardous waste landfills. Sources of such wastewater include landfill leachate and gas collection condensate. The deadline for comments to EPA is May 7, 1998. See 63 Fed. Reg. 6,426 (Feb. 6, 1998). Small Sewer Systems Face Stormwater Regulation EPA has issued a proposed rule that would expand the national NPDES stormwater control program to smaller municipalities. The rule would require all "regulated small municipal separate storm sewer systems" to establish six minimum Best Management Practices measures for stormwater control. Generally, such systems are those located in census-defined "urbanized areas" serving populations of fewer than 100,000. Under certain circumstances, a regulated system serving fewer than 1,000 people may obtain a waiver from the new requirements. The comment period ends April 9, 1998. EPA plans to finalize the program by March 1, 1999. See 63 Fed. Reg. 1,536 (Jan. 9, 1998). Water Suppliers to Inform Consumers As required by the 1996 Safe Drinking Water Act amendments, EPA has issued a proposed rule requiring community water systems to publish annually a "consumer confidence report." Among other things, the report must discuss the quality of water provided by the system, likely sources of contaminants, health risks, and information on the water source. The comment deadline is March 30, 1998. EPA envisions that the first reports will be due to consumers by October 1999. See 63 Fed. Reg. 7,606 (Feb. 13, 1998). Relief for Local Government Reimbursement EPA has published an interim final rule that streamlines the procedures used to reimburse local governments (up to $25,000 per response) for certain costs incurred in taking temporary emergency measures to abate a hazardous substance release. Among other things, the new rule eases program and reporting requirements, and simplifies the reimbursement application process. Reimbursement is available under section 123 of CERCLA. (Local governments should not rely on the availability of these funds for costs associated with releases for which the government is itself liable.) See 63 Fed. Reg. 8,284 (Feb. 18, 1998). Helpline for Local Enforcers State and local government environmental enforcement personnel may obtain advice regarding financial issues that impact enforcement cases at a new, toll-free telephone helpline: 888-ECONSPT (326-6778). Between 8:00 a.m. and 6:00 p.m. EST, callers will be able to obtain information and copies of EPA guidance documents regarding calculation of municipal and individual ability to pay and other funding-related enforcement matters. Glossary CERCLA Comprehensive Environmental Response, Compensation and Liability Act (a/k/a Superfund) EPA United States Environmental Protection Agency MSW Municipal solid waste MSWLF Municipal solid waste landfill (a/k/a "RCRA Subtitle D" landfill) NPDES National Pollutant Discharge Elimination System (Clean Water Act) RCRA Resource Conservation and Recovery Act State & Local Law News home page | Table of Contents