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SJR 31: Relating to the minimum federal criteria for municipal solid waste landfills.

00SENATE JOINT RESOLUTION NO. 31 01 Relating to the minimum federal criteria for municipal solid waste landfills. 02 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 WHEREAS the United States Environmental Protection Agency has established 04 October 9, 1993, as the effective date for compliance with all minimum federal criteria for 05 municipal solid waste landfills, except the financial assurance criteria, which are effective 06 April 9, 1994; and 07 WHEREAS it took the Environmental Protection Agency seven years to adopt these 08 criteria in response to the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616) to 09 the Resource and Conservation Recovery Act (42 U.S.C. 6901 - 6992k); and 10 WHEREAS the states have had only two years' time to adopt necessary regulations 11 and to implement measures to comply with the criteria; and 12 WHEREAS the state of Alaska and its citizens have made a good faith effort to 13 comply with the federal criteria; and 14 WHEREAS the criteria may require solid waste transfer stations and regional landfills

01 to be established, and since the Alaska Department of Environmental Conservation estimates 02 that these transfer stations and regional landfills would cost local governments more than the 03 one percent increase in local government budgets that is considered by the Environmental 04 Protection Agency to be a significant economic effect, complying with the criteria may exceed 05 the practicable capacity of many local governments; and 06 WHEREAS the problems that low density populations face in complying with the 07 federal criteria cannot be resolved within the time allowed for compliance; 08 BE IT RESOLVED that the Alaska State Legislature urges the United States Congress 09 to extend the effective date of the financial assurance criteria for municipal solid waste 10 landfills under 40 CFR Part 258, Subpart G, to April 9, 1996, and to extend the effective date 11 for the state to implement all other minimum federal criteria for municipal solid waste 12 landfills under 40 CFR Part 258, Subparts A through F, to October 9, 1995; and be it 13 FURTHER RESOLVED that the Alaska State Legislature urges the United States 14 Congress to take appropriate action to assure that municipal solid waste landfill units are not 15 considered open dumps under the Resource Conservation and Recovery Act due to a failure 16 to comply with the new minimum federal criteria for municipal solid waste landfills under 40 17 CFR Part 258 until on or after October 9, 1995, unless the landfill unit does not comply with 18 the federal criteria that were in effect on October 8, 1991. 19 COPIES of this resolution shall be sent to the Honorable Al Gore, Jr., Vice-President 20 of the United States and President of the U.S. Senate; the Honorable Robert C. Byrd, President 21 Pro Tempore of the U.S. Senate; the Honorable Thomas S. Foley, Speaker of the U.S. House 22 of Representatives; the Honorable Carol Browner, Administrator of the U.S. Environmental 23 Protection Agency; the Honorable Dana A. Rasmussen, Regional Administrator of Region 10 24 of the U.S. Environmental Protection Agency; and to the Honorable Ted Stevens and the 25 Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. 26 Representative, members of the Alaska delegation in Congress.