[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: 40CFR258.4]

[Page 399-400]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 258_CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS--Table of Contents
 
                            Subpart A_General
 
Sec. 258.4  Research, development, and demonstration permits.

    (a) Except as provided in paragraph (f) of this section, the 
Director of an approved State may issue a research, development, and 
demonstration permit for a new MSWLF unit, existing MSWLF unit, or 
lateral expansion, for which the owner or operator proposes to utilize 
innovative and new methods which vary from either or both of the 
following criteria provided that the MSWLF unit has a leachate 
collection system designed and constructed to maintain less than a 30-cm 
depth of leachate on the liner:
    (1) The run-on control systems in Sec. 258.26(a)(1); and
    (2) The liquids restrictions in Sec. 258.28(a).
    (b) The Director of an approved State may issue a research, 
development, and demonstration permit for a new MSWLF unit, existing 
MSWLF unit, or lateral expansion, for which the owner or operator 
proposes to utilize innovative and new methods which vary from the final 
cover criteria of Sec. 258.60(a)(1), (a)(2) and (b)(1), provided the 
MSWLF unit owner/operator demonstrates that the infiltration of liquid 
through the alternative cover system will not cause contamination of 
groundwater or surface water, or cause leachate depth on the liner to 
exceed 30-cm.
    (c) Any permit issued under this section must include such terms and 
conditions at least as protective as the criteria for municipal solid 
waste landfills to assure protection of human health and the 
environment. Such permits shall:

[[Page 400]]

    (1) Provide for the construction and operation of such facilities as 
necessary, for not longer than three years, unless renewed as provided 
in paragraph (e) of this section;
    (2) Provide that the MSWLF unit must receive only those types and 
quantities of municipal solid waste and non-hazardous wastes which the 
State Director deems appropriate for the purposes of determining the 
efficacy and performance capabilities of the technology or process;
    (3) Include such requirements as necessary to protect human health 
and the environment, including such requirements as necessary for 
testing and providing information to the State Director with respect to 
the operation of the facility;
    (4) Require the owner or operator of a MSWLF unit permitted under 
this section to submit an annual report to the State Director showing 
whether and to what extent the site is progressing in attaining project 
goals. The report will also include a summary of all monitoring and 
testing results, as well as any other operating information specified by 
the State Director in the permit; and
    (5) Require compliance with all criteria in this part, except as 
permitted under this section.
    (d) The Director of an approved State may order an immediate 
termination of all operations at the facility allowed under this section 
or other corrective measures at any time the State Director determines 
that the overall goals of the project are not being attained, including 
protection of human health or the environment.
    (e) Any permit issued under this section shall not exceed three 
years and each renewal of a permit may not exceed three years.
    (1) The total term for a permit for a project including renewals may 
not exceed twelve years; and
    (2) During permit renewal, the applicant shall provide a detailed 
assessment of the project showing the status with respect to achieving 
project goals, a list of problems and status with respect to problem 
resolutions, and other any other requirements that the Director 
determines necessary for permit renewal.
    (f) Small MSWLF units. (1) An owner or operator of a MSWLF unit 
operating under an exemption set forth in Sec. 258.1(f)(1) is not 
eligible for any variance from Sec. Sec. 258.26(a)(1) and 258.28(a) of 
the operating criteria in subpart C of this part.
    (2) An owner or operator of a MSWLF unit that disposes of 20 tons of 
municipal solid waste per day or less, based on an annual average, is 
not eligible for a variance from Sec. 258.60 (b)(1),except in 
accordance with Sec. 258.60(b)(3).

[69 FR 13255, Mar. 22, 2004]