Municipal Solid Waste Incinerator Act of 1989

Municipal Solid Waste Incinerator Act of 1989 - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency to publish guidelines for identifying materials which should be removed from solid waste before its incineration in a municipal solid waste incinerator.

Directs the Administrator to promulgate regulations applicable to the operation and management of municipal solid waste incinerators and to the disposal or recycling and reuse of municipal solid waste incinerator ash. Prohibits the disposal of ash in units that are created as a result of vertical expansion of an existing waste disposal facility unless it is demonstrated that there will be no settling of waste that would impair the integrity of the liners. Requires that landfills into which such ashes are disposed provide for groundwater monitoring and: (1) place such ashes in a monofill having a leachate collection system and a single liner designed and operated to prevent the migration of any constituent into such liner; or (2) have two or more liners and a leachate collection system above and between such liners. Provides that landfill design requirements shall not apply to alternatively-designed units if demonstrated that such designs prevent such migration.

Directs the Administrator to prescribe criteria and testing procedures for identifying the hazardous properties of municipal incinerator ash so that ash which does not exhibit such properties may be placed in sanitary landfills meeting current criteria under specified conditions. Requires ash which is hazardous to human health or the environment to be treated prior to recycling or reuse.

Requires States to adopt and implement a permit program (or revise an existing program) to ensure that municipal solid waste incinerators and persons who deal with such ash comply with the Administrator's regulations and this Act's requirements. Prohibits, four years after this Act's enactment, the operation of incinerators and the receipt of ash for treatment, storage, disposal, reuse, or recycling without a permit or prior approval under a State program. Grants States primary enforcement authority with respect to such programs if they provide for compliance with requirements of this section. Requires civil penalties imposed against local governments for violations of this Act to be deposited into a trust fund for programs that serve to enhance the protection of human health and the environment.

Sets forth transitional provisions.