[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: 40CFR258.1] [Page 395-398] 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. 258.1 Purpose, scope, and applicability. Subpart A_General Sec. 258.1 Purpose, scope, and applicability. 258.2 Definitions. 258.3 Consideration of other Federal laws. 258.4 Research, development, and demonstration permits. 258.5-258.9 [Reserved] [[Page 396]] Subpart B_Location Restrictions 258.10 Airport safety. 258.11 Floodplains. 258.12 Wetlands. 258.13 Fault areas. 258.14 Seismic impact zones. 258.15 Unstable areas. 258.16 Closure of existing municipal solid waste landfill units. 258.17-258.19 [Reserved] Subpart C_Operating Criteria 258.20 Procedures for excluding the receipt of hazardous waste. 258.21 Cover material requirements. 258.22 Disease vector control. 258.23 Explosive gases control. 258.24 Air criteria. 258.25 Access requirements. 258.26 Run-on/run-off control systems. 258.27 Surface water requirements. 258.28 Liquids restrictions. 258.29 Recordkeeping requirements. 258.30-258.39 [Reserved] Subpart D_Design Criteria 258.40 Design criteria. 258.41 Project XL Bioreactor Landfill Projects. 258.42-258.49 [Reserved] Subpart E_Ground-Water Monitoring and Corrective Action 258.50 Applicability. 258.51 Ground-water monitoring systems. 258.52 [Reserved] 258.53 Ground-water sampling and analysis requirements. 258.54 Detection monitoring program. 258.55 Assessment monitoring program. 258.56 Assessment of corrective measures. 258.57 Selection of remedy. 258.58 Implementation of the corrective action program. 258.59 [Reserved] Subpart F_Closure and Post-Closure Care 258.60 Closure criteria. 258.61 Post-closure care requirements. 258.62-258.69 [Reserved] Subpart G_Financial Assurance Criteria 258.70 Applicability and effective date. 258.71 Financial assurance for closure. 258.72 Financial assurance for post-closure care. 258.73 Financial assurance for corrective action. 258.74 Allowable mechanisms. 258.75 Discounting. Appendix I to Part 258--Constituents for Detection Monitoring Appendix II to Part 258--List of Hazardous Inorganic and Organic Constituents Authority: 33 U.S.C. 1345(d) and (e); 42 U.S.C. 6902(a), 6907, 6912(a), 6944, 6945(c) and 6949a(c), 6981(a). Source: 56 FR 51016, Oct. 9, 1991, unless otherwise noted. (a) The purpose of this part is to establish minimum national criteria under the Resource Conservation and Recovery Act (RCRA or the Act), as amended, for all municipal solid waste landfill (MSWLF) units and under the Clean Water Act, as amended, for municipal solid waste landfills that are used to dispose of sewage sludge. These minimum national criteria ensure the protection of human health and the environment. (b) These Criteria apply to owners and operators of new MSWLF units, existing MSWLF units, and lateral expansions, except as otherwise specifically provided in this part; all other solid waste disposal facilities and practices that are not regulated under subtitle C of RCRA are subject to the criteria contained in part 257 of this chapter. (c) These Criteria do not apply to municipal solid waste landfill units that do not receive waste after October 9, 1991. (d)(1) MSWLF units that meet the conditions of Sec. 258.1(e)(2) and receive waste after October 9, 1991 but stop receiving waste before April 9, 1994, are exempt from all the requirements of this part 258, except the final cover requirement specified in Sec. 258.60(a). The final cover must be installed by October 9, 1994. Owners or operators of MSWLF units described in this paragraph that fail to complete cover installation by October 9, 1994 will be subject to all the requirements of this part 258, unless otherwise specified. (2) MSWLF units that meet the conditions of Sec. 258.1(e)(3) and receive waste after October 9, 1991 but stop receiving waste before the date designated by the state pursuant to Sec. 258.1(e)(3), are exempt from all the requirements of this [[Page 397]] part 258, except the final cover requirement specified in Sec. 258.60(a). The final cover must be installed within one year after the date designated by the state pursuant to Sec. 258.1(e)(3). Owners or operators of MSWLF units described in this paragraph that fail to complete cover installation within one year after the date designated by the state pursuant to Sec. 258.1(e)(3) will be subject to all the requirements of this part 258, unless otherwise specified. (3) MSWLF units that meet the conditions of paragraph (f)(1) of this section and receive waste after October 9, 1991 but stop receiving waste before October 9, 1997, are exempt from all the requirements of this part 258, except the final cover requirement specified in Sec. 258.60(a). The final cover must be installed by October 9, 1998. Owners or operators of MSWLF units described in this paragraph that fail to complete cover installation by October 9, 1998 will be subject to all the requirements of this part 258, unless otherwise specified. (4) MSWLF units that do not meet the conditions of Sec. 258.1 (e)(2), (e)(3), or (f) and receive waste after October 9, 1991 but stop receiving waste before October 9, 1993, are exempt from all the requirements this part 258, except the final cover requirement specified in Sec. 258.60(a). The final cover must be installed by October 9, 1994. Owners or operators of MSWLF units described in this paragraph that fail to complete cover installation by October 9, 1994 will be subject to all the requirements of this part 258, unless otherwise specified. (e)(1) The compliance date for all requirements of this part 258, unless otherwise specified, is October 9, 1993 for all MSWLF units that receive waste on or after October 9, 1993, except those units that qualify for an extension under (e)(2), (3), or (4) of this section. (2) The compliance date for all requirements of this part 258, unless otherwise specified, is April 9, 1994 for an existing MSWLF unit or a lateral expansion of an existing MSWLF unit that meets the following conditions: (i) The MSWLF unit disposed of 100 tons per day or less of solid waste during a representative period prior to October 9, 1993; (ii) The unit does not dispose of more than an average of 100 TPD of solid waste each month between October 9, 1993 and April 9, 1994; (iii) The MSWLF unit is located in a state that has submitted an application for permit program approval to EPA by October 9, 1993, is located in the state of Iowa, or is located on Indian Lands or Indian Country; and (iv) The MSWLF unit is not on the National Priorities List (NPL) as found in appendix B to 40 CFR part 300. (3) The compliance date for all requirements of this part 258, unless otherwise specified, for an existing MSWLF unit or lateral expansion of an existing MSWLF unit receiving flood-related waste from federally-designated areas within the major disasters declared for the states of Iowa, Illinois, Minnesota, Wisconsin, Missouri, Nebraska, Kansas, North Dakota, and South Dakota by the President during the summer of 1993 pursuant to 42 U.S.C. 5121 et seq., shall be designated by the state in which the MSWLF unit is located in accordance with the following: (i) The MSWLF unit may continue to accept waste up to April 9, 1994 without being subject to part 258, if the state in which the MSWLF unit is located determines that the MSWLF unit is needed to receive flood- related waste from a federally-designated disaster area as specified in (e)(3) of this section. (ii) The MSWLF unit that receives an extension under paragraph (e)(3)(i) of this section may continue to accept waste up to an additional six months beyond April 9, 1994 without being subject to part 258, if the state in which the MSWLF unit is located determines that the MSWLF unit is needed to receive flood-related waste from a federally- designated disaster area specified in (e)(3) of this section. (iii) In no case shall a MSWLF unit receiving an extension under paragraph (e)(3) (i) or (ii) of this section accept waste beyond October 9, 1994 without being subject to part 258. (4) For a MSWLF unit that meets the conditions for the exemption in paragraph (f)(1) of this section, the compliance date for all applicable requirements of part 258, unless otherwise specified, is October 9, 1997. [[Page 398]] (f)(1) Owners or operators of new MSWLF units, existing MSWLF units, and lateral expansions that dispose of less than twenty (20) tons of municipal solid waste daily, based on an annual average, are exempt from subparts D and E of this part, so long as there is no evidence of ground-water contamination from the MSWLF unit, and the MSWLF unit serves: (i) A community that experiences an annual interruption of at least three consecutive months of surface transportation that prevents access to a regional waste management facility, or (ii) A community that has no practicable waste management alternative and the landfill unit is located in an area that annually receives less than or equal to 25 inches of precipitation. (2) Owners or operators of new MSWLF units, existing MSWLF units, and lateral expansions that meet the criteria in paragraph (f)(1)(i) or (f)(1)(ii) of this section must place in the operating record information demonstrating this. (3) If the owner or operator of a new MSWLF unit, existing MSWLF unit, or lateral expansion has knowledge of ground-water contamination resulting from the unit that has asserted the exemption in paragraph (f)(1)(i) or (f)(1)(ii) of this section, the owner or operator must notify the state Director of such contamination and, thereafter, comply with subparts D and E of this part. (g) Municipal solid waste landfill units failing to satisfy these criteria are considered open dumps for purposes of State solid waste management planning under RCRA. (h) Municipal solid waste landfill units failing to satisfy these criteria constitute open dumps, which are prohibited under section 4005 of RCRA. (i) Municipal solid waste landfill units containing sewage sludge and failing to satisfy these Criteria violate sections 309 and 405(e) of the Clean Water Act. (j) Subpart G of this part is effective April 9, 1995, except for MSWLF units meeting the requirements of paragraph (f)(1) of this section, in which case the effective date of subpart G is October 9, 1995. [56 FR 51016, Oct. 9, 1991, as amended at 58 FR 51546, Oct. 1, 1993; 60 FR 52342, Oct. 6, 1995; 61 FR 50413, Sept. 25, 1996]