[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR257.1]

[Page 368-369]
 
                   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 A--Classification of Solid Waste Disposal Facilities and 
                                Practices
 
Sec. 257.1  Scope and purpose.


    (a) Unless otherwise provided, the criteria in Secs. 257.1 through 
257.4 are adopted for determining which solid waste disposal facilities 
and practices pose a reasonable probability of adverse effects on health 
or the environment under sections 1008(a)(3) and 4004(a) of the Resource 
Conservation and Recovery Act (The Act). Unless otherwise provided, the 
criteria in Secs. 257.5 through 257.30 are adopted for purposes of 
ensuring that non-municipal non-hazardous waste disposal units that 
receive conditionally exempt small quantity geterator (CESQG) waste do 
not present risks to human health and the environment taking into 
account the practicable capability of such units in accordance with 
section 4010(c) of the Act.
    (1) Facilities failing to satisfy either the criteria in Secs. 257.1 
through 257.4 or Secs. 257.5 through 257.30 are considered open dumps, 
which are prohibited under section 4005 of the Act.
    (2) Practices failing to satisfy either the criteria in Secs. 257.1 
through 257.4 or Secs. 257.5 through 257.30 constitute open dumping, 
which is prohibited under sction 4005 of the Act.
    (b) These criteria also provide guidelines for the disposal of 
sewage sludge on the land when the sewage sludge is not used or disposed 
through a practice regulated in 40 CFR part 503.
    (c) These criteria apply to all solid waste disposal facilities and 
practices with the following exceptions:
    (1) The criteria do not apply to agricultural wastes, including 
manures and crop residues, returned to the soil as fertilizers or soil 
conditioners.
    (2) The criteria do not apply to overburden resulting from mining 
operations intended for return to the mine site.
    (3) The criteria do not apply to the land application of domestic 
sewage or treated domestic sewage.

[[Page 369]]

    (4) The criteria do not apply to the location and operation of 
septic tanks. The criteria do, however, apply to the disposal of septic 
tank pumpings.
    (5) The criteria do not apply to solid or dissolved materials in 
irrigation return flows.
    (6) The criteria do not apply to industrial discharges which are 
point sources subject to permits under section 402 of the Clean Water 
Act, as amended.
    (7) The criteria do not apply to source, special nuclear or 
byproduct material as defined by the Atomic Energy Act, as amended (68 
Stat. 923).
    (8) The criteria do not apply to hazardous waste disposal facilities 
which are subject to regulation under subtitle C of the Act.
    (9) The criteria do not apply to disposal of solid waste by 
underground well injection subject to the regulations (40 CFR part 146) 
for the Underground Injection Control Program (UICP) under the Safe 
Drinking Water Act, as amended, 42 U.S.C. 3007 et seq.
    (10) The criteria of this part do not apply to municipal solid waste 
landfill units, which are subject to the revised criteria contained in 
part 258 of this chapter.
    (11) The criteria do not apply to the use or disposal sewage sludge 
on the land when the sewage sludge is used or disposed in accordance 
with 40 CFR part 503.

[44 FR 53460, Sept. 13, 1979, as amended at 46 FR 47052, Sept. 23, 1981; 
56 FR 51016, Oct. 9, 1991; 58 FR 9385, Feb. 19, 1993; 61 FR 34269, July 
1, 1996]