[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: 40CFR257.9]



[Page 381-382]

 

                   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 B_Disposal Standards for the Receipt of Conditionally Exempt 

 Small Quantity Generator (CESQG) Wastes at Non-Municipal Non-Hazardous 

                          Waste Disposal Units

 

Sec.  257.9  Wetlands.



    (a) Owners or operators of new units and lateral expansions shall 

not locate such units in wetlands, unless the owner or operator can make 

the following demonstrations to the Director of an approved State:

    (1) Where applicable under section 404 of the Clean Water Act or 

applicable State wetlands laws, the presumption that a practicable 

alternative to the proposed landfill is available which does not 

involved wetlands is clearly rebutted:

    (2) The construction and operation of the unit will not:

    (i) Cause or contribute to violations of any applicable State water 

quality standard;

    (ii) Violate any applicable toxic effluent standard or prohibition 

under Section 307 of the Clean Water Act;

    (iii) Jeopardize the continued existence of endangered or threatened 

species or result in the destruction or adverse modification of a 

critical habitat, protected under the Endangered Species Act of 1973; 

and

    (iv) Violate any requirement under the Marine Protection, Research, 

and Sanctuaries Act of 1972 for the protection of a marine sanctuary;

    (3) The unit will not cause or contribute to significant degradation 

of wetlands. The owner/operator must demonstrate the integrity of the 

unit and its ability to protect ecological resources by addressing the 

following factors:

    (i) Erosion, stability, and migration potential of native wetland 

soils, muds and deposits used to support the unit;

    (ii) Erosion, stability, and migration potential of dredged and fill 

materials used to support the unit;

    (iii) The volume and chemical nature of the waste managed in the 

unit;

    (iv) Impacts on fish, wildlife, and other aquatic resources and 

their habitat from release of the waste;

    (v) The potential effects of catastrophic release of waste to the 

wetland and the resulting impacts on the environment; and

    (vi) Any additional factors, as necessary, to demonstrate that 

ecological resources in the wetland are sufficiently protected.

    (4) To the extent required under section 404 of the Clean Water Act 

or applicable State wetlands laws, steps have been taken to attempt to 

achieve no net loss of wetlands (as defined by acreage and function) by 

first avoiding impacts to wetlands to the maximum extent practicable as 

required by paragraph (a)(1) of this section, then minimizing 

unavoidable impacts to the maximum extent practicable, and finally 

offsetting remaining unavoidable wetland impacts through all appropriate 

and practicable compensatory mitigation actions (e.g., restoration of 

existing degraded wetlands or creation of man-made wetlands); and



[[Page 382]]



    (5) Sufficient information is available to make a reasonable 

determination with respect to these demonstrations.

    (b) For purposes of this section, wetlands means those areas that 

are defined in 40 CFR 232.2(r).