[Code of Federal Regulations] [Title 40, Volume 24] [Revised as of July 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR257.1] [Page 372-373] 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. Subpart A_Classification of Solid Waste Disposal Facilities and Practices Sec. 257.1 Scope and purpose. 257.2 Definitions. 257.3 Criteria for classification of solid waste disposal facilities and practices. 257.3-1 Floodplains. 257.3-2 Endangered species. 257.3-3 Surface water. 257.3-4 Ground water. 257.3-5 Application to land used for the production of food-chain crops (interim final). 257.3-6 Disease. 257.3-7 Air. 257.3-8 Safety. 257.4 Effective date. Subpart B_Disposal Standards for the Receipt of Conditionally Exempt Small Quantity Generator (CESQG) Wastes at Non-Municipal Non-Hazardous Waste Disposal Units 257.5 Disposal standards for owners/operators of non-municipal non- hazardous waste disposal units that receive Conditionally Exempt Small Quantity Generator (CESQG) waste. Location Restrictions 257.7 [Reserved] 257.8 Floodplains. 257.9 Wetlands. 257.10-257.12 [Reserved] 257.13 Deadline for making demonstrations. Ground-Water Monitoring and Corrective Action 257.21 Applicability. 257.22 Ground-water monitoring systems. 257.23 Ground-water sampling and analysis requirements. 257.24 Detection monitoring program. 257.25 Assessment monitoring program. 257.26 Assessment of corrective measures. 257.27 Selection of remedy. [[Page 373]] 257.28 Implementation of the corrective action program. 257.29 [Reserved] Recordkeeping Requirements 257.30 Recordkeeping requirements. Appendix I to Part 257--Maximum Contaminant Levels (MCLs) Appendix II to Part 257 Authority: 42 U.S.C. 6907(a)(3), 6912(a)(1), 6944(a), and 6949a(c); 33 U.S.C. 1345(d) and (e). Source: 44 FR 53460, Sept. 13, 1979, unless otherwise noted. (a) Unless otherwise provided, the criteria in Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 257.1 through 257.4 or Sec. Sec. 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 Sec. Sec. 257.1 through 257.4 or Sec. Sec. 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. (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]