[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: 40CFR258.12]



[Page 402-403]

 

                   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.  258.12  Wetlands.



    (a) New MSWLF units and lateral expansions shall not be located 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 practicable 

alternative to the proposed landfill is available which does not involve 

wetlands is clearly rebutted;

    (2) The construction and operation of the MSWLF 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 MSWLF unit will not cause or contribute to significant 

degradation of wetlands. The owner or operator must demonstrate the 

integrity of the MSWLF 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 MSWLF unit;

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

materials used to support the MSWLF unit;

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

MSWLF unit;

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

their habitat from release of the solid 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



[[Page 403]]



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

    (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).