to pose a threat to human health and the
environment. (This requirement has not changed
from Part 257.)
Wetlands: New MSWLF units would not be allowed
to be located in wetlands unless the owner of
operator demonstrates to the State that the new
unit: 1) meets the discharge restrictions
developed pursuant to Section 404(b)(1) of the
CWA, 2) there is no practicable alternative, and
3) siting will not result in significant
adverse environmental impacts. This proposal
does not apply to existing units.
Fault Areas: New MSWLF units would be
prohibited from siting within 200 feet (61
meters) of faults that have had displacement in
Holocene time (i.e., within 11,000 years).
This provision applies only to new units.
Seismic Impact Zones: New MSWLF units in a
seismic impact area would be required to be
designed to resist the maximum horizontal
acceleration of hard rock at the site (i.e.,
ground motion from earthquakes). This
provision only applies to new units.
Unstable Areas: The owner or operator would be
required to incorporate engineering components
into the unit design to ensure the stability of
a MSWLF unit located in an unstable area (e.g.,
Karst terrain, landslide-susceptible areas).
Existing units would be required to close
within five years unless: 1) the owner or
operator demonstrates the structural integrity
of the MSWLF, or 2) the State extends the
The owner or operator of a MSWLF unit would be required
to demonstrate to the State that the design at the proposed
location is in compliance with the location restrictions.
Subpart C -- Operating Criteria
The requirements of this Subpart would apply to all new
and existing MSWLFs. Operating criteria comprise four major
components: Day-to-day operating criteria, closure, post-
closure care, and financial assurance.
Day-to-Day Operating Criteria
Specific operating requirements would include the
following, and apply to both new and existing MSWLFs: