[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: 40CFR258.15]



[Page 403-404]

 

                   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.  258.15  Unstable areas.



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

and lateral expansions located in an unstable area must demonstrate that 

engineering measures have been incorporated into the MSWLF unit's design 

to ensure that the integrity of the structural components of the MSWLF 

unit will not be disrupted. 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. The owner or operator must 

consider the following factors, at a minimum, when determining whether 

an area is unstable:

    (1) On-site or local soil conditions that may result in significant 

differential settling;

    (2) On-site or local geologic or geomorphologic features; and



[[Page 404]]



    (3) On-site or local human-made features or events (both surface and 

subsurface).

    (b) For purposes of this section:

    (1) Unstable area means a location that is susceptible to natural or 

human-induced events or forces capable of impairing the integrity of 

some or all of the landfill structural components responsible for 

preventing releases from a landfill. Unstable areas can include poor 

foundation conditions, areas susceptible to mass movements, and Karst 

terranes.

    (2) Structural components means liners, leachate collection systems, 

final covers, run-on/run-off systems, and any other component used in 

the construction and operation of the MSWLF that is necessary for 

protection of human health and the environment.

    (3) Poor foundation conditions means those areas where features 

exist which indicate that a natural or man-induced event may result in 

inadequate foundation support for the structural components of an MSWLF 

unit.

    (4) Areas susceptible to mass movement means those areas of 

influence (i.e., areas characterized as having an active or substantial 

possibility of mass movement) where the movement of earth material at, 

beneath, or adjacent to the MSWLF unit, because of natural or man-

induced events, results in the downslope transport of soil and rock 

material by means of gravitational influence. Areas of mass movement 

include, but are not limited to, landslides, avalanches, debris slides 

and flows, soil fluction, block sliding, and rock fall.

    (5) Karst terranes means areas where karst topography, with its 

characteristic surface and subterranean features, is developed as the 

result of dissolution of limestone, dolomite, or other soluble rock. 

Characteristic physiographic features present in karst terranes include, 

but are not limited to, sinkholes, sinking streams, caves, large 

springs, and blind valleys.