Regulations promulgated approximately twenty years ago by individual States under the authority of Subtitle D of the Resource Conservation and Recovery Act (RCRA) include provisions regarding the post-closure care of municipal solid waste (MSW) landfills. The Subtitle D regulations establish a 30-year post-closure care period as the default requirement (See 40 CFR § 258.61).
RCRA and the State regulations include provisions allowing the 30-year period to be extended or shortened. The 30-year period may be extended if the Director of an approved State program “determines that the lengthened period is necessary to protect human health and the environment.” The 30-year period may be shortened by the State Director if the “owner or operator demonstrates that the reduced period is sufficient to protect human health and the environment.”