In the Federal Register Feb. 5, 1981, the EPA first stated its opinion that all landfills will eventually leak:
“There is good theoretical and empirical evidence that the hazardous constituents that are placed in land disposal facilities very likely will migrate from the facility into the broader environment. This may occur several years, even many decades, after placement of the waste in the facility, but data and scientific prediction indicate that, in most cases, even with the application of best available land disposal technology, it will occur eventually.” [pg. 11128]
“Manmade impermeable materials that might be used for liners or covers (e.g., membrane liners or other materials) are subject to eventual deterioration, and although this might not occur for 10, 20 or more years, it eventually occurs and, when it does, leachate will migrate out of the facility.” [pg. 11128]
“Unfortunately, at the present time, it is not technologically and institutionally possible to contain wastes and constituents forever or for the long time periods that may be necessary to allow adequate degradation to be achieved.” [pg. 11129]
“Consequently, the regulation of hazardous waste land disposal facilities must proceed from the assumption that migration of hazardous wastes and their constituents and byproducts from a land disposal facility will inevitably occur.” [pg. 11129]
More than a year later, on July 26, 1982, the EPA again put its opinions into the Federal Register, emphasizing that all landfills will inevitably leak:
“A liner is a barrier technology that prevents or greatly restricts migration of liquids into the ground. No liner, however, can keep all liquids out of the ground for all time. Eventually liners will either degrade, tear, or crack and will allow liquids to migrate out of the unit.” [pg. 32284]
“Some have argued that liners are devices that provide a perpetual seal against any migration from a waste management unit. EPA has concluded that the more reasonable assumption, based on what is known about the pressures placed on liners over time, is that any liner will begin to leak eventually.” [pgs. 32284-32285].
In the Federal Register May 26, 1981, pgs. 28314 through 28328), the EPA argued forcefully that all landfills will eventually leak. Another EPA quote: “Many organic constituents are stable (degrade very slowly); other hazardous constituents (e.g., toxic metals) never degrade. Yet the existing technology for disposing of hazardous wastes on or in the land cannot confidently isolate these wastes from the environment forever. “Since disposing of hazardous wastes in or on the land inevitable [inevitably?] results in the release of hazardous constituents to the environment at some time, any land disposal facility creates some risk.” [pg. 28315]
EPA further stated that the duration of the hazard from a landfill would be “many thousands of years.” [pg. 28315]