[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: 40CFR257.3-4]



[Page 376-377]

 

                   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.  257.3-4  Ground water.



    (a) A facility or practice shall not contaminate an underground 

drinking water source beyond the solid waste boundary or beyond an 

alternative boundary specified in accordance with paragraph (b) of this 

section.

    (b)(1) For purposes of section 1008(a)(3) of the Act or section 

405(d) of the CWA, a party charged with open dumping or a violation of 

section 405(e) with respect to sewage sludge that is not used or 

disposed through a practice regulated in 40 CFR part 503 may demonstrate 

that compliance should be determined at an alternative boundary in lieu 

of the solid waste boundary. The court shall establish an alternative 

boundary only if it finds that such a change would not result in 

contamination of ground water which may be needed or used for human 

consumption. This finding shall be based on analysis and consideration 

of all of the following factors that are relevant:

    (i) The hydrogeological characteristics of the facility and 

surrounding land, including any natural attenuation and dilution 

characteristics of the aquifer;

    (ii) The volume and physical and chemical characteristics of the 

leachate;

    (iii) The quantity, quality, and direction of flow of ground water 

underlying the facility;

    (iv) The proximity and withdrawal rates of ground-water users;

    (v) The availability of alternative drinking water supplies;

    (vi) The existing quality of the ground water, including other 

sources of contamination and their cumulative impacts on the ground 

water;

    (vii) Public health, safety, and welfare effects.

    (2) For purposes of sections 4004(a) and 1008(a)(3), the State may 

establish an alternative boundary for a facility to be used in lieu of 

the solid waste boundary only if it finds that such a change would not 

result in the contamination of ground water which may be needed or used 

for human consumption. Such a finding shall be based on an analysis and 

consideration of all of the factors identified in paragraph (b)(1) of 

this section that are relevant.

    (c) As used in this section:

    (1) Aquifer means a geologic formation, group of formations, or 

portion of a formation capable of yielding usable quantities of ground 

water to wells or springs.

    (2) Contaminate means introduce a substance that would cause:

    (i) The concentration of that substance in the ground water to 

exceed the maximum contaminant level specified in appendix I, or

    (ii) An increase in the concentration of that substance in the 

ground water where the existing concentration of that substance exceeds 

the maximum contaminant level specified in appendix I.

    (3) Ground water means water below the land surface in the zone of 

saturation.



[[Page 377]]



    (4) Underground drinking water source means:

    (i) An aquifer supplying drinking water for human consumption, or

    (ii) An aquifer in which the ground water contains less than 10,000 

mg/1 total dissolved solids.

    (5) Solid waste boundary means the outermost perimeter of the solid 

waste (projected in the horizontal plane) as it would exist at 

completion of the disposal activity.



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

58 FR 9386, Feb. 19, 1993]