[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: 40CFR257.3-3]

[Page 371]
 
                   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. 257.3-3  Surface water.

    (a) For purposes of section 4004(a) of the Act, a facility shall not 
cause a discharge of pollutants into waters of the United States that is 
in violation of the requirements of the National Pollutant Discharge 
Elimination System (NPDES) under section 402 of the Clean Water Act, as 
amended.
    (b) For purposes of section 4004(a) of the Act, a facility shall not 
cause a discharge of dredged material or fill material to waters of the 
United States that is in violation of the requirements under section 404 
of the Clean Water Act, as amended.
    (c) A facility or practice shall not cause non-point source 
pollution of waters of the United States that violates applicable legal 
requirements implementing an areawide or Statewide water quality 
management plan that has been approved by the Administrator under 
section 208 of the Clean Water Act, as amended.
    (d) Definitions of the terms Discharge of dredged material, Point 
source, Pollutant, Waters of the United States, and Wetlands can be 
found in the Clean Water Act, as amended, 33 U.S.C. 1251 et seq., and 
implementing regulations, specifically 33 CFR part 323 (42 FR 37122, 
July 19, 1977).

[44 FR 53460, Sept. 13, 1979, as amended at 46 FR 47052, Sept. 23, 1981]