[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: 40CFR258.21]

[Page 397-398]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                   CHAPTER I--ENVIRONMENTAL PROTECTION
                           AGENCY (CONTINUED)
 
PART 258--CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS--Table of Contents
 
                      Subpart C--Operating Criteria
 
Sec. 258.21  Cover material requirements.

    (a) Except as provided in paragraph (b) of this section, the owners 
or operators of all MSWLF units must cover disposed solid waste with six 
inches of earthen material at the end of each operating day, or at more 
frequent intervals if necessary, to control disease vectors, fires, 
odors, blowing litter, and scavenging.
    (b) Alternative materials of an alternative thickness (other than at 
least six inches of earthen material) may be

[[Page 398]]

approved by the Director of an approved State if the owner or operator 
demonstrates that the alternative material and thickness control disease 
vectors, fires, odors, blowing litter, and scavenging without presenting 
a threat to human health and the environment.
    (c) The Director of an approved State may grant a temporary waiver 
from the requirement of paragraph (a) and (b) of this section if the 
owner or operator demonstrates that there are extreme seasonal climatic 
conditions that make meeting such requirements impractical.
    (d) The Director of an Approved State may establish alternative 
frequencies for cover requirements in paragraphs (a) and (b) of this 
section, after public review and comment, for any owners or operators of 
MSWLFs that dispose of 20 tons of municipal solid waste per day or less, 
based on an annual average. Any alternative requirements established 
under this paragraph must:
    (1) Consider the unique characteristics of small communities;
    (2) Take into account climatic and hydrogeologic conditions; and
    (3) Be protective of human health and the environment.

[56 FR 51016, Oct. 9, 1991, as amended at 62 FR 40713, July 29, 1997]