[§342H-53]  Applicability andrequirements.  (a)  The provisions of this part do not apply to municipalsolid waste landfill units that do not receive wastes after October 9,1991.

(b)  Municipal solid waste landfill units thatreceive waste after October 9, 1991, but stop receiving waste beforeOctober 9, 1993, are exempt from the requirements of this part except thefinal cover requirement prescribed by rules adopted pursuant to this part.  Thefinal cover shall be installed within six months of the last receipt ofwastes.  Owners and operators of municipal solid waste landfill units subjectto this subsection that fail to complete cover installation within six monthsfrom the date of the last receipt of wastes shall be subject to all therequirements of this part, and rules adopted pursuant to this part, subject tosuch exemptions as may be provided by those rules.

(c)  The provisions of this part apply toowners and operators of new municipal solid waste landfill units, existingmunicipal solid waste landfill units, and lateral expansions, except asotherwise provided in this part or otherwise exempted by rules adopted pursuantto this part.

(d)  Following closure of a municipal solidwaste landfill unit, or a component of a municipal solid waste landfill unit,the owner or operator of the unit shall conduct post-closure care for a periodof thirty years.  The director may increase the length of the post-closure careperiod if the director determines that the lengthened period is necessary toprotect human health and the environment.  The director may decrease the lengthof the post-closure care period if the owner or operator of the closedmunicipal solid waste landfill unit demonstrates to the satisfaction of thedirector that the reduced period is sufficient to protect human health and theenvironment.

(e)  Owners and operators of municipal solidwaste landfill units that receive waste on or after October 9, 1993, shallcomply with the financial assurance criteria that the director shall establishby rules adopted pursuant to this part.  Such rules shall be effective no laterthan April 9, 1994.

(f)  Municipal solid waste landfill unitscontaining sewage sludge shall comply with the provisions of this part and therules adopted pursuant to this part.

(g)  In addition to compliance with theprovisions of this part and rules adopted pursuant to this part, owners andoperators of a municipal solid waste landfill unit shall comply with any otherapplicable state and federal law. [L 1992, c 245, pt of §1]