[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: 40CFR258.11]

[Page 394-395]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                   CHAPTER I--ENVIRONMENTAL PROTECTION
                           AGENCY (CONTINUED)
 
PART 258--CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS--Table of Contents
 
                    Subpart B--Location Restrictions
 
Sec. 258.11  Floodplains.

    (a) Owners or operators of new MSWLF units, existing MSWLF units, 
and lateral expansions located in 100-year floodplains must demonstrate 
that the unit will not restrict the flow of the 100-year flood, reduce 
the temporary water storage capacity of the floodplain, or result in 
washout of solid waste so as to pose a hazard to human health and the 
environment. The owner

[[Page 395]]

or operator must place the demonstration in the operating record and 
notify the State Director that it has been placed in the operating 
record.
    (b) For purposes of this section:
    (1) Floodplain means the lowland and relatively flat areas adjoining 
inland and coastal waters, including flood-prone areas of offshore 
islands, that are inundated by the 100-year flood.
    (2) 100-year flood means a flood that has a 1-percent or greater 
chance of recurring in any given year or a flood of a magnitude equalled 
or exceeded once in 100 years on the average over a significantly long 
period.
    (3) Washout means the carrying away of solid waste by waters of the 
base flood.