§ 5.9 Discrimination in furnishing public accommodations and transportation services. (a) The proprietor, owner or operator and the employees of any hotel, inn, lodge, or other facility or accommodation offered to or enjoyed by the general public within a park area and, while using such a park area, any commercial passenger-carrying motor vehicle service and its employees, are prohibited from: (1) Publicizing the facilities, accommodations or any activity conducted therein in any manner that would directly or inferentially reflect upon or question the acceptability of any person or persons because of race, creed, color, ancestry, sex, age, disabling condition, or national origin; or (2) discriminating by segregation or otherwise against any person or persons because of race, creed, color, ancestry, sex, age, disabling condition, or national origin in furnishing or refusing to furnish such person or persons any accommodation, facility, service, or privilege offered to or enjoyed by the general public. (b) Each such proprietor, owner, or operator shall post the following notice at such locations as will insure that the notice and its contents will be conspicuous to any person seeking accommodations, facilities, services, or privileges: NOTICE This is a facility operated in an area under the jurisdiction of the U.S. Department of the Interior. No discrimination by segregation or other means in the furnishing of accommodations, facilities, services, or privileges on the basis of race, creed, color, ancestry, sex, age, disabling condition or national origin is permitted in the use of this facility. Violations of this prohibition are punishable by fine, imprisonment, or both. Complaints of violations of this prohibition should be addressed to the Director, National Park Service, P.O. Box 37127, Washington, D.C. 20013-7127. (c) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States. [31 FR 16660, Dec. 29, 1966, as amended at 52 FR 35240, Sept. 18, 1987; 53 FR 740, Jan. 12, 1988] §5.10 Eating, drinking, or lodging establishments. (a) No establishment offering food, drink, or lodging for sale on any privately owned lands under the legislative jurisdiction of the United States within Glacier, Lassen Volcanic, Mesa Verde, Denali, Mount Rainier, Olympic, Rocky Mountain, Sequoia-Kings Canyon, Yellowstone, and Yosemite National Parks may be operated without a permit obtained from the Superintendent. Such permit may include terms and conditions deemed necessary by the Superintendent to the health, safety and welfare of the public and it may be revoked upon failure to comply with the requirements of paragraphs (b) and (c) of this section or the conditions set forth in the permit. (b) Such establishment shall be maintained and operated in accordance with the rules and regulations recommended by the U.S. Public Health Service for such establishments, and the substantive requirements of State and local laws and regulations relating to such establishments, which would apply if such privately owned lands were not subject to the jurisdiction of the United States. In the event of conflict or inconsistency between such U.S. Public Health Service recommendations and State or local laws the former shall prevail. (c) The Superintendent shall have the right to inspect such establishments at reasonable times to determine whether the establishment is being operated in accordance with the applicable rules and regulations and in accordance with the provisions of the permit. [31 FR 16660, Dec. 29, 1966, as amended at 65 FR 37878, June 19, 2000] EFFECTIVE DATE NOTE: At 65 FR 37878, June 19, 2000, §5.10, paragraph (a) was amended in the first sentence by replacing the words "Mount McKinley" with "Denali", effective July 19, 2000. 88 5.11-5.12 [Reserved] $5.13 Nuisances. The creation or maintenance of a nuisance upon the federally owned lands of a park area or upon any private lands within a park area under the exclusive legislative jurisdiction of the United States is prohibited. (a) The regulations contained in this part prohibit the operation of any solid waste disposal site, except as specifically provided for, and govern the continued use of any existing solid waste disposal site within the boundaries of any unit of the National Park System. (b) The purpose of the regulations in this part is to ensure that all activities within the boundaries of any unit of the National Park System resulting from the operation of a solid waste disposal site are conducted in a manner to prevent the deterioration of air and water quality, to prevent degradation of natural and cultural, including archeological, resources, and to reduce adverse effects to visitor enjoyment. (c) The regulations in this part interpret and implement Pub. L. 98–506, 98 Stat. 2338 (16 U.S.C. 4601–22(c)). §6.2 Applicability and scope. (a) The regulations contained in this part apply to all lands and waters within the boundaries of all units of the Na tional Park System, whether federally or nonfederally owned, and without regard to whether access to a solid waste disposal site requires crossing federally-owned or controlled lands or waters. (b) The regulations contained in this part govern: (1) The use of solid waste disposal sites not in operation on September 1, 1984, including the approval of new solid waste disposal sites; (2) The continued use or closure of solid waste disposal sites that were in operation on September 1, 1984; (3) The continued use or closure of solid waste disposal sites on lands or waters added to the National Park System after January 23, 1995. (c) Exceptions. (1) The regulations contained in this part do not govern the disposal of residential or agricultural solid wastes in a site by a person who can show that he or she: (i) Resides within the boundaries of the unit; (ii) Generates the residential or ag cultural solid waste within the boundaries of the unit; (iii) Disposes of the solid waste only on lands that the person owns or leases within the unit; (iv) Does not engage in a solid waste disposal practice that poses a reasonable probability of adverse effects on health or the environment, as described by the criteria in 40 CFR part 257, Criteria For Classification Of Solid Waste Disposal Facilities and Practices found at 40 CFR 257.3-1 to 257.3-8; and (v) Is not required to possess a State or local permit or license for the disposal of solid waste. (2) The exemption in paragraph (c)(1) of this section does not apply to agricultural solid waste consisting of a chemical used as a pesticide, an item used to apply, or a container used to store, a pesticide. (3) Manure and crop residue returned to the soil as a fertilizer or soil conditioner are not solid wastes for purposes of this part, and do not require a request, environmental report, financial assurance or permit issued under this part. (d) The conditions in §6.4(a) govern the establishment of new, or the expansion of existing, solid waste disposal sites operated by the National Park Service. The conditions in §6.5(c) govern the continued use of existing solid waste disposal sites operated by the National Park Service. However, the permit, financial assurance, administrative and penalty provisions of this part do not apply to any solid waste disposal site operated by the National Park Service. §6.3 Definitions. The following definitions apply to this part: Agricultural solid waste means solid waste that is generated by the rearing or harvesting of animals, or the producing or harvesting of crops or trees. Boundaries means the limits of lands or waters that constitute a unit of the National Park System as specified by Congress, denoted by Presidential Proclamation, recorded in the records of a State or political subdivision in accordance with applicable law, published pursuant to law, or otherwise published or posted by the National Park Service. Closure and Post-closure care means all of the requirements prescribed by 40 CFR part 258, Criteria For Municipal Solid Waste Landfills at 40 CFR 258.60 and 258.61. Compostible materials means organic substances that decay under natural and/or human-assisted conditions within relatively short time intervals, generally not in excess of ninety days. Degrade means to lessen or diminish in quantity, quality or value. Hazardous waste means a waste defined by 40 CFR part 261, Identification And Listing Of Hazardous Waste. Hazardous waste does not include any solid waste listed under 40 CFR 261.4(b). Leachate means liquid that has percolated through solid waste and has extracted, dissolved or suspended materials in it. Mining overburden means material overlying a mineral deposit that is removed to gain access to that deposit. Mining wastes means residues that result from the extraction of raw materials from the earth. National Park Service activities means operations conducted by the National Park Service or a National Park Service contractor, concessionaire or commercial use licensee. National Park System means any area of land or water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational or other purposes. Natural resource means the components of a park, both biotic and abiotic, including but not limited to, vegetation, wildlife, fish, water, including surface and ground water, air, soils, geological features, including subsurface strata, the natural processes and interrelationships that perpetuate such resources, and attributes that contribute to visitor enjoyment. Operator means a person conducting or proposing to conduct the disposal of solid waste. PCBS or PCB item means an item as defined in 40 CFR part 761, Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution Commerce, And Use Prohibitions at 40 CFR 761.3(x). In Residential solid waste means waste generated by the normal activities of a household, including, but not limited to, food waste, yard waste and ashes, but not including metal or plastic. Solid waste means garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, and contained gaseous material resulting from industrial, commercial, mining and agricultural operations or from community activities. "Solid waste" does not include a material listed under 40 CFR 261.4(a). Solid waste disposal site means land or water where deliberately discarded solid waste, as defined above, is discharged, deposited, injected, dumped, spilled, leaked, or placed so that such solid waste or a constituent thereof may enter the environment or be emitted into the air or discharged into waters, including ground waters. Solid waste disposal sites include facilities for the incineration of solid waste and transfer stations. Facilities for the management of compostible materials are not defined as solid waste disposal sites for the purposes of this part. §6.4 Solid waste disposal sites not in operation on September 1, 1984. (a) No person may operate a solid waste disposal site within the boundaries of a National Park System unit that was not in operation on September 1, 1984, unless the operator has shown and the Regional Director finds that: (1) The solid waste is generated solely from National Park Service activities conducted within the boundaries of that unit of the National Park System; (2) There is no reasonable alternative site outside the boundaries of the unit suitable for solid waste disposal; (3) The site will not degrade any of the natural or cultural resources of the unit; (4) The site meets all other applicable Federal, State and local laws and regulations, including permitting requirements; (5) The site conforms to all of the restrictions and criteria in 40 CFR 257.31 to 257.3-8, and 40 CFR part 258, subparts B, C, D, E and F; (6) The site will not be used for the storage, handling, or disposal of a solid waste containing: (i) Hazardous waste; (ii) Municipal solid waste incinerator ash; (iii) Lead-acid batteries; (iv) Polychlorinated (PCBs) or a PCB Item; Biphenyls (v) A material registered as a pesticide by the Environmental Protection Agency under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.); (vi) Sludge from a waste treatment plant, septic system waste, or domestic sewage; (vii) Petroleum, including used crankcase oil from a motor vehicle, or soil contaminated by such products; (viii) Non-sterilized medical waste; (7) The site is located wholly on nonfederal lands, except for NPS operated sites in units where nonfederal lands are unavailable, or unsuitable and there is no practicable alternative; (8) The site is not located within the 500 year floodplain, or in a wetland; (9) The site is not located within one mile of a National Park Service visitor center, campground, ranger station, entrance station, or similar public use facility, or a residential area; (10) The site will not be detectable by the public by sight, sound or odor from a scenic vista, a public use facility, a designated or proposed wilderness area, a site listed on, or eligible for listing on, the National Register of Historic Places, or a road designated as open to public travel; (11) The site will receive less than 5 tons per day of solid waste, on an average yearly basis; and (12) The proposed closure and postclosure care is sufficient to protect the resources of the National Park System unit from degradation. (b) A person proposing to operate a solid waste disposal site that was not in operation on September 1, 1984, must submit a request for a permit to the proper Superintendent for review by Regional Director demonstrating that the solid waste operation meets the criteria in paragraph (a) of this section. The following information must be included in a permit request: (1) A map or maps, satisfactory to the Regional Director, that adequately shows the proposed area of solid waste disposal, size of the area in acres, existing roads and proposed routes to and from the area of operations and the location and description of surface facilities; (2) The name and legal addresses of the following: (i) Owners of record of the land; and (ii) Any lessee, assignee or designee of the owner, if the proposed operator is not the owner of the land; (3) The mode and frequency (in number of trips per day) of transport and size and gross weight of major vehicular equipment to be used; (4) The amount of solid waste to be received, in average tons per day and average cubic yards per day; (5) The estimated capacity of the site in cubic yards and tons; (6) A detailed plan of the daily site operations; (7) A plan for the reclamation and post closure care of the site after completion of solid waste disposal; (8) Evidence that the proposed operator has obtained all other Federal, State and local permits necessary for solid waste disposal; and (9) An environmental report that includes the following: (i) A description of the natural and cultural resources and visitor uses to be affected; (ii) An assessment of hydrologic conditions of the disposal site with projections of leachate generation, composition, flow paths and discharge areas and geochemical fate of leachate constituents; (iii) An analysis of the quantitative and qualitative extent to which natural and cultural resources will be affected based on acceptable and appropriate monitoring of existing resource conditions; (iv) Steps to be taken by the operator to prevent degradation of air and water quality, to manage pests and vermin, and to minimize noise, odor, feeding by native wildlife and conflicts with visitor uses; (v) An analysis of alternative locations and methods for the disposal of the solid waste; and (vi) Any other information required by the Regional Director to effectively analyze the effects that the proposed solid waste disposal site may have on the preservation, management and public use of the unit. (c) If the Regional Director finds that the permit request and environmental report do not meet the conditions of approval set forth in paragraph (a) of this section, the Regional Director must reject the application and notify the proposed operator of the reasons for the rejection. §6.5 Solid waste disposal sites in operation on September 1, 1984. (a) The operator of a solid waste disposal site in operation as of September 1, 1984, within the boundaries of a unit of the National Park System, having been in continuous operation on January 23, 1995, and who wishes to remain in operation, must submit to the proper Superintendent for review by the Regional Director, within 180 calendar days of January 23, 1995, a permit request and an environmental report as described in §6.4(b) (1)–(9). (b) Any operator who fails to submit a request as described in paragraph (a) of this section will not be allowed to continue operations and must immediately fulfill all applicable closure and post-closure care requirements. (c) The Regional Director may approve a request to allow the continued use of a solid waste disposal site only if the operator has shown and the Regional Director finds that: (1) Adverse effects resulting from leachate, noise, odor, vehicular traffic, litter and other activities upon natural and cultural resources will be adequately mitigated; (2) The proposed operator meets all other applicable Federal, State and local laws and regulations, including permit requirements; (3) The site will no longer be used for the storage, handling or disposal of a solid waste containing: (i) Hazardous waste; (ii) Municipal solid waste incinerator ash; (iii) Lead-acid batteries; (iv) Polychlorinated (PCBs) or a PCB Item; Biphenyls (v) A material registered as a pesticide by the Environmental Protection Agency under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.); (vi) Sludge from a waste treatment plant, septic system waste or domestic sewage; (vii) Petroleum, including used crankcase oil from a motor vehicle, or soil contaminated by such products; (viii) Non-sterilized medical waste; (4) The proposed closure and post-closure care is sufficient to protect the resources of the National Park System unit from degradation; and (5) The site conforms to all of the restrictions and criteria applicable to the site under 40 CFR 257.3 and 40 CFR part 258, or where applicable, 40 CFR part 240, Guidelines for the Thermal Processing of Solid Waste. |