Under the real sludge regulation part 258:
Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial
wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the
treated effluent from a wastewater treatment plant.
Solid waste means any garbage, or refuse, sludge from a wastewater treatment plant, water supply
treatment plant, or air pollution control facility and other discarded material
§ 258.3 Consideration of other Federal laws.
The owner or operator of a municipal solid waste landfill unit must comply with any other
applicable Federal rules, laws, regulations, or other requirements.
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Title 40: Protection of Environment
PART 258—CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS
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§ 258.2 Definitions.
Unless otherwise noted, all terms contained in this part are defined by their plain meaning. This section
contains definitions for terms that appear throughout this part; additional definitions appear in the
specific sections to which they apply.
Active life means the period of operation beginning with the initial receipt of solid waste and ending at
completion of closure activities in accordance with §258.60 of this part.
Active portion means that part of a facility or unit that has received or is receiving wastes and that has
not been closed in accordance with §258.60 of this part.
Aquifer means a geological formation, group of formations, or porton of a formation capable of yielding
significant quantities of ground water to wells or springs.
Commercial solid waste means all types of solid waste generated by stores, offices, restaurants,
warehouses, and other nonmanufacturing activities, excluding residential and industrial wastes.
Construction and demolition (C&D) landfill means a solid waste disposal facility subject to the
requirements in part 257, subparts A or B of this chapter that receives construction and demolition
waste and does not receive hazardous waste (defined in §261.3 of this chapter) or industrial solid
waste (defined in §258.2 of this chapter). Only a C&D landfill that meets the requirements of 40 CFR
part 257, subpart B may receive conditionally exempt small quantity generator waste (defined in §261.5
of this chapter). A C&D landfill typically receives any one or more of the following types of solid wastes:
roadwork material, excavated material, demolition waste, construction/renovation waste, and site
Director of an Approved State means the chief administrative officer of a state agency responsible for
implementing the state permit program that is deemed to be adequate by EPA under regulations
published pursuant to sections 2002 and 4005 of RCRA.
Existing MSWLF unit means any municipal solid waste landfill unit that is receiving solid waste as of the
appropriate dates specified in §258.1(e). Waste placement in existing units must be consistent with past
operating practices or modified practices to ensure good management.
Facility means all contiguous land and structures, other appurtenances, and improvements on the land
used for the disposal of solid waste.
Ground water means water below the land surface in a zone of saturation.
Household waste means any solid waste (including garbage, trash, and sanitary waste in septic tanks)
derived from households (including single and multiple residences, hotels and motels, bunkhouses,
ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).
Indian lands or Indian country means:
(1) All land within the limits of any Indian reservation under the jurisdiction of the United States
Government, notwithstanding the issuance of any patent, and including rights-of-way running
throughout the reservation;
(2) All dependent Indian communities within the borders of the United States whether within the original
or subsequently acquired territory thereof, and whether within or without the limits of the State; and
(3) All Indian allotments, the Indian titles to which have not been extinguished, including rights of way
running through the same.
Indian Tribe or Tribe means any Indian tribe, band, nation, or community recognized by the Secretary
of the Interior and exercising substantial governmental duties and powers on Indian lands.
Industrial solid waste means solid waste generated by manufacturing or industrial processes that is not
a hazardous waste regulated under subtitle C of RCRA. Such waste may include, but is not limited to,
waste resulting from the following manufacturing processes: Electric power generation;
fertilizer/agricultural chemicals; food and related products/by-products; inorganic chemicals; iron and
steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic
chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous
plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation
equipment; and water treatment. This term does not include mining waste or oil and gas waste.
Lateral expansion means a horizontal expansion of the waste boundaries of an existing MSWLF unit.
Leachate means a liquid that has passed through or emerged from solid waste and contains soluble,
suspended, or miscible materials removed from such waste.
Municipal solid waste landfill (MSWLF) unit means a discrete area of land or an excavation that
receives household waste, and that is not a land application unit, surface impoundment, injection well,
or waste pile, as those terms are defined under §257.2 of this chapter. A MSWLF unit also may receive
other types of RCRA Subtitle D wastes, such as commercial solid waste, nonhazardous sludge,
conditionally exempt small quantity generator waste and industrial solid waste. Such a landfill may be
publicly or privately owned. A MSWLF unit may be a new MSWLF unit, an existing MSWLF unit or a
lateral expansion. A construction and demolition landfill that receives residential lead-based paint waste
and does not receive any other household waste is not a MSWLF unit.
New MSWLF unit means any municipal solid waste landfill unit that has not received waste prior to
October 9, 1993, or prior to October 9, 1997 if the MSWLF unit meets the conditions of §258.1(f)(1).
Open burning means the combustion of solid waste without:
(1) Control of combustion air to maintain adequate temperature for efficient combustion,
(2) Containment of the combustion reaction in an enclosed device to provide sufficient residence time
and mixing for complete combustion, and
(3) Control of the emission of the combustion products.
Operator means the person(s) responsible for the overall operation of a facility or part of a facility.
Owner means the person(s) who owns a facility or part of a facility.
Residential lead-based paint waste means waste containing lead-based paint, which is generated as a
result of activities such as abatement, rehabilitation, renovation and remodeling in homes and other
residences. The term residential lead-based paint waste includes, but is not limited to, lead-based paint
debris, chips, dust, and sludges.
Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.
Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.
Saturated zone means that part of the earth's crust in which all voids are filled with water.
Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial,
or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility
exclusive of the treated effluent from a wastewater treatment plant.
Solid waste means any garbage, or refuse, sludge from a wastewater treatment plant, water
supply treatment plant, or air pollution control facility and other discarded material, including solid,
liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and
agricultural operations, and from community activities, but does not include solid or dissolved materials
in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that
are point sources subject to permit under 33 U.S.C. 1342, or source, special nuclear, or by-product
material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923).
State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
State Director means the chief administrative officer of the lead state agency responsible for
implementing the state permit program for 40 CFR part 257, subpart B and 40 CFR part 258 regulated
Uppermost aquifer means the geologic formation nearest the natural ground surface that is an aquifer,
as well as, lower aquifers that are hydraulically interconnected with this aquifer within the facility's
Waste management unit boundary means a vertical surface located at the hydraulically downgradient
limit of the unit. This vertical surface extends down into the uppermost aquifer.
[56 FR 51016, Oct. 9, 1991; 57 FR 28627, June 26, 1992, as amended at 58 FR 51547, Oct. 1, 1993;
60 FR 52342, Oct. 6, 1995; 63 FR 57044, Oct. 23, 1998; 68 FR 36495, June 18, 2003]
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Last updated: July 27, 2005