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National
United States Regulations
40CFR258.12 CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS -- Wetlands

[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR258.12]

[Page 396-397]

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.

[[Page 397]]

(4) To the extent required under section 404 of the Clean Water Act
or applicable State wetlands laws, steps 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).