[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: 40CFR258.21]



[Page 405]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

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

 

                      Subpart C_Operating Criteria

 

Sec.  258.21  Cover material requirements.



    (a) Except as provided in paragraph (b) of this section, the owners 

or operators of all MSWLF units must cover disposed solid waste with six 

inches of earthen material at the end of each operating day, or at more 

frequent intervals if necessary, to control disease vectors, fires, 

odors, blowing litter, and scavenging.

    (b) Alternative materials of an alternative thickness (other than at 

least six inches of earthen material) may be approved by the Director of 

an approved State if the owner or operator demonstrates that the 

alternative material and thickness control disease vectors, fires, 

odors, blowing litter, and scavenging without presenting a threat to 

human health and the environment.

    (c) The Director of an approved State may grant a temporary waiver 

from the requirement of paragraph (a) and (b) of this section if the 

owner or operator demonstrates that there are extreme seasonal climatic 

conditions that make meeting such requirements impractical.

    (d) The Director of an Approved State may establish alternative 

frequencies for cover requirements in paragraphs (a) and (b) of this 

section, after public review and comment, for any owners or operators of 

MSWLFs that dispose of 20 tons of municipal solid waste per day or less, 

based on an annual average. Any alternative requirements established 

under this paragraph must:

    (1) Consider the unique characteristics of small communities;

    (2) Take into account climatic and hydrogeologic conditions; and

    (3) Be protective of human health and the environment.



[56 FR 51016, Oct. 9, 1991, as amended at 62 FR 40713, July 29, 1997]