[§342H-53]  Applicability and

requirements.  (a)  The provisions of this part do not apply to municipal

solid waste landfill units that do not receive wastes after October 9,

1991.

     (b)  Municipal solid waste landfill units that

receive waste after October 9, 1991, but stop receiving waste before

October 9, 1993, are exempt from the requirements of this part except the

final cover requirement prescribed by rules adopted pursuant to this part.  The

final cover shall be installed within six months of the last receipt of

wastes.  Owners and operators of municipal solid waste landfill units subject

to this subsection that fail to complete cover installation within six months

from the date of the last receipt of wastes shall be subject to all the

requirements of this part, and rules adopted pursuant to this part, subject to

such exemptions as may be provided by those rules.

     (c)  The provisions of this part apply to

owners and operators of new municipal solid waste landfill units, existing

municipal solid waste landfill units, and lateral expansions, except as

otherwise provided in this part or otherwise exempted by rules adopted pursuant

to this part.

     (d)  Following closure of a municipal solid

waste 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 period

of thirty years.  The director may increase the length of the post-closure care

period if the director determines that the lengthened period is necessary to

protect human health and the environment.  The director may decrease the length

of the post-closure care period if the owner or operator of the closed

municipal solid waste landfill unit demonstrates to the satisfaction of the

director that the reduced period is sufficient to protect human health and the

environment.

     (e)  Owners and operators of municipal solid

waste landfill units that receive waste on or after October 9, 1993, shall

comply with the financial assurance criteria that the director shall establish

by rules adopted pursuant to this part.  Such rules shall be effective no later

than April 9, 1994.

     (f)  Municipal solid waste landfill units

containing sewage sludge shall comply with the provisions of this part and the

rules adopted pursuant to this part.

     (g)  In addition to compliance with the

provisions of this part and rules adopted pursuant to this part, owners and

operators of a municipal solid waste landfill unit shall comply with any other

applicable state and federal law. [L 1992, c 245, pt of §1]