[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: 40CFR258.4]



[Page 400-401]

 

                   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.  258.4  Research, development, and demonstration permits.



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

Director of an approved State may issue a research, development, and 

demonstration permit for a new MSWLF unit, existing MSWLF unit, or 

lateral expansion, for which the owner or operator proposes to utilize 

innovative and new methods which vary from either or both of the 

following criteria provided that the MSWLF unit has a leachate 

collection system designed and constructed to maintain less than a 30-cm 

depth of leachate on the liner:

    (1) The run-on control systems in Sec.  258.26(a)(1); and

    (2) The liquids restrictions in Sec.  258.28(a).

    (b) The Director of an approved State may issue a research, 

development, and demonstration permit for a new MSWLF unit, existing 

MSWLF unit, or lateral expansion, for which the owner or operator 

proposes to utilize innovative and new methods which vary from the final 

cover criteria of Sec.  258.60(a)(1), (a)(2) and (b)(1), provided the 

MSWLF unit owner/operator demonstrates that the infiltration of liquid 

through the alternative cover system will not cause



[[Page 401]]



contamination of groundwater or surface water, or cause leachate depth 

on the liner to exceed 30-cm.

    (c) Any permit issued under this section must include such terms and 

conditions at least as protective as the criteria for municipal solid 

waste landfills to assure protection of human health and the 

environment. Such permits shall:

    (1) Provide for the construction and operation of such facilities as 

necessary, for not longer than three years, unless renewed as provided 

in paragraph (e) of this section;

    (2) Provide that the MSWLF unit must receive only those types and 

quantities of municipal solid waste and non-hazardous wastes which the 

State Director deems appropriate for the purposes of determining the 

efficacy and performance capabilities of the technology or process;

    (3) Include such requirements as necessary to protect human health 

and the environment, including such requirements as necessary for 

testing and providing information to the State Director with respect to 

the operation of the facility;

    (4) Require the owner or operator of a MSWLF unit permitted under 

this section to submit an annual report to the State Director showing 

whether and to what extent the site is progressing in attaining project 

goals. The report will also include a summary of all monitoring and 

testing results, as well as any other operating information specified by 

the State Director in the permit; and

    (5) Require compliance with all criteria in this part, except as 

permitted under this section.

    (d) The Director of an approved State may order an immediate 

termination of all operations at the facility allowed under this section 

or other corrective measures at any time the State Director determines 

that the overall goals of the project are not being attained, including 

protection of human health or the environment.

    (e) Any permit issued under this section shall not exceed three 

years and each renewal of a permit may not exceed three years.

    (1) The total term for a permit for a project including renewals may 

not exceed twelve years; and

    (2) During permit renewal, the applicant shall provide a detailed 

assessment of the project showing the status with respect to achieving 

project goals, a list of problems and status with respect to problem 

resolutions, and other any other requirements that the Director 

determines necessary for permit renewal.

    (f) Small MSWLF units. (1) An owner or operator of a MSWLF unit 

operating under an exemption set forth in Sec.  258.1(f)(1) is not 

eligible for any variance from Sec. Sec.  258.26(a)(1) and 258.28(a) of 

the operating criteria in subpart C of this part.

    (2) An owner or operator of a MSWLF unit that disposes of 20 tons of 

municipal solid waste per day or less, based on an annual average, is 

not eligible for a variance from Sec.  258.60 (b)(1),except in 

accordance with Sec.  258.60(b)(3).



[69 FR 13255, Mar. 22, 2004]