[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: 40CFR258.11]



[Page 402]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 258_CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS--Table of Contents

 

                     Subpart B_Location Restrictions

 

Sec.  258.11  Floodplains.



    (a) Owners or operators of new MSWLF units, existing MSWLF units, 

and lateral expansions located in 100-year floodplains must demonstrate 

that the unit will not restrict the flow of the 100-year flood, reduce 

the temporary water storage capacity of the floodplain, or result in 

washout of solid waste so as to pose a hazard to human health and the 

environment. The owner or operator must place the demonstration in the 

operating record and notify the State Director that it has been placed 

in the operating record.

    (b) For purposes of this section:

    (1) Floodplain means the lowland and relatively flat areas adjoining 

inland and coastal waters, including flood-prone areas of offshore 

islands, that are inundated by the 100-year flood.

    (2) 100-year flood means a flood that has a 1-percent or greater 

chance of recurring in any given year or a flood of a magnitude equalled 

or exceeded once in 100 years on the average over a significantly long 

period.

    (3) Washout means the carrying away of solid waste by waters of the 

base flood.