[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR257.9]

[Page 375-376]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                   CHAPTER I--ENVIRONMENTAL PROTECTION
                           AGENCY (CONTINUED)
 
PART 257--CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL FACILITIES AND PRACTICES--Table of Contents
 
 Subpart B--Disposal Standards for the Receipt of Conditionally Exempt 
 Small Quantity Generator (CESQG) Wastes at Non-Municipal Non-Hazardous 
                          Waste Disposal Units
 
Sec. 257.9  Wetlands.

    (a) Owners or operators of new units and lateral expansions shall 
not locate such units in wetlands, unless the owner or operator can make 
the following demonstrations to the Director of an approved State:
    (1) Where applicable under section 404 of the Clean Water Act or 
applicable State wetlands laws, the presumption that a practicable 
alternative to the proposed landfill is available which does not 
involved wetlands is clearly rebutted:
    (2) The construction and operation of the unit will not:
    (i) Cause or contribute to violations of any applicable State water 
quality standard;
    (ii) Violate any applicable toxic effluent standard or prohibition 
under Section 307 of the Clean Water Act;
    (iii) Jeopardize the continued existence of endangered or threatened 
species or result in the destruction or adverse modification of a 
critical habitat, protected under the Endangered Species Act of 1973; 
and
    (iv) Violate any requirement under the Marine Protection, Research, 
and Sanctuaries Act of 1972 for the protection of a marine sanctuary;
    (3) The unit will not cause or contribute to significant degradation 
of wetlands. The owner/operator must demonstrate the integrity of the 
unit and its ability to protect ecological resources by addressing the 
following factors:
    (i) Erosion, stability, and migration potential of native wetland 
soils, muds and deposits used to support the unit;
    (ii) Erosion, stability, and migration potential of dredged and fill 
materials used to support the unit;
    (iii) The volume and chemical nature of the waste managed in the 
unit;
    (iv) Impacts on fish, wildlife, and other aquatic resources and 
their habitat from release of the waste;
    (v) The potential effects of catastrophic release of waste to the 
wetland and the resulting impacts on the environment; and
    (vi) Any additional factors, as necessary, to demonstrate that 
ecological resources in the wetland are sufficiently protected.
    (4) To the extent required under section 404 of the Clean Water Act 
or applicable State wetlands laws, steps have been taken to attempt to 
achieve no net loss of wetlands (as defined by acreage and function) by 
first avoiding impacts to wetlands to the maximum

[[Page 376]]

extent practicable as required by paragraph (a)(1) of this section, then 
minimizing unavoidable impacts to the maximum extent practicable, and 
finally offsetting remaining unavoidable wetland impacts through all 
appropriate and practicable compensatory mitigation actions (e.g., 
restoration of existing degraded wetlands or creation of man-made 
wetlands); and
    (5) Sufficient information is available to make a reasonable 
determination with respect to these demonstrations.
    (b) For purposes of this section, wetlands means those areas that 
are defined in 40 CFR 232.2(r).