[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR258.11]

[Page 401]
 
                   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 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.