EPA's  Solid Waste Division regulation for sludge is based on preventing risks to human health and
the environment.

Unless otherwise provided, the criteria in §§257.5 through 257.30 are adopted for purposes of
ensuring that non-municipal non-hazardous waste disposal units that receive conditionally exempt
small quantity generator (CESQG) waste
do not present risks to human health and the
environment
taking into account the practicable capability of such units in accordance with section
4010(c) of the Act.
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Title 40: Protection of Environment
PART 257—CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL FACILITIES AND
PRACTICES
Subpart A—Classification of Solid Waste Disposal Facilities and Practices


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§ 257.1   Scope and purpose.
(a) Unless otherwise provided, the criteria in §§257.1 through 257.4 are adopted for determining which
solid waste disposal facilities and practices pose a reasonable probability of adverse effects on health
or the environment under sections 1008(a)(3) and 4004(a) of the Resource Conservation and
Recovery Act (The Act). Unless otherwise provided, the criteria in §§257.5 through 257.30 are adopted
for purposes of ensuring that non-municipal non-hazardous waste disposal units that receive
conditionally exempt small quantity geterator (CESQG) waste do not present risks to human health and
the environment taking into account the practicable capability of such units in accordance with section
4010(c) of the Act.

(1) Facilities failing to satisfy either the criteria in §§257.1 through 257.4 or §§257.5 through 257.30 are
considered open dumps, which are prohibited under section 4005 of the Act.

(2) Practices failing to satisfy either the criteria in §§257.1 through 257.4 or §§257.5 through 257.30
constitute open dumping, which is prohibited under sction 4005 of the Act.

(b) These criteria also provide guidelines for the disposal of sewage sludge on the land when the
sewage sludge is not used or disposed through a practice regulated in 40 CFR part 503.

(c) These criteria apply to all solid waste disposal facilities and practices with the following exceptions:

(1) The criteria do not apply to agricultural wastes, including manures and crop residues, returned to
the soil as fertilizers or soil conditioners.

(2) The criteria do not apply to overburden resulting from mining operations intended for return to the
mine site.

(3) The criteria do not apply to the land application of domestic sewage or treated domestic sewage.

(4) The criteria do not apply to the location and operation of septic tanks. The criteria do, however,
apply to the disposal of septic tank pumpings.

(5) The criteria do not apply to solid or dissolved materials in irrigation return flows.

(6) The criteria do not apply to industrial discharges which are point sources subject to permits under
section 402 of the Clean Water Act, as amended.

(7) The criteria do not apply to source, special nuclear or byproduct material as defined by the Atomic
Energy Act, as amended (68 Stat. 923).

(8) The criteria do not apply to hazardous waste disposal facilities which are subject to regulation under
subtitle C of the Act.

(9) The criteria do not apply to disposal of solid waste by underground well injection subject to the
regulations (40 CFR part 146) for the Underground Injection Control Program (UICP) under the Safe
Drinking Water Act, as amended, 42 U.S.C. 3007 et seq.

(10) The criteria of this part do not apply to municipal solid waste landfill units, which are subject to the
revised criteria contained in part 258 of this chapter.

(11) The criteria do not apply to the use or disposal sewage sludge on the land when the sewage
sludge is used or disposed in accordance with 40 CFR part 503.

[44 FR 53460, Sept. 13, 1979, as amended at 46 FR 47052, Sept. 23, 1981; 56 FR 51016, Oct. 9,
1991; 58 FR 9385, Feb. 19, 1993; 61 FR 34269, July 1, 1996]


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Last updated: July 27, 2005