A facility or practice shall not contaminate an underground drinking water source beyond the solid waste
boundary or beyond an alternative boundary specified in accordance with paragraph (b) of this section
Electronic Code of Federal Regulations (e-CFR)
BETA TEST SITE
e-CFR Data is current as of November 22, 2005
Title 40: Protection of Environment
PART 257—CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL FACILITIES AND
Subpart A—Classification of Solid Waste Disposal Facilities and Practices
Browse Previous | Browse Next
§ 257.3-4 Ground water.
(a) A facility or practice shall not contaminate an underground drinking water source beyond the solid
waste boundary or beyond an alternative boundary specified in accordance with paragraph (b) of this
(b)(1) For purposes of section 1008(a)(3) of the Act or section 405(d) of the CWA, a party charged
with open dumping or a violation of section 405(e) with respect to sewage sludge that is not used or
disposed through a practice regulated in 40 CFR part 503 may demonstrate that compliance should be
determined at an alternative boundary in lieu of the solid waste boundary. The court shall establish an
alternative boundary only if it finds that such a change would not result in contamination of ground
water which may be needed or used for human consumption. This finding shall be based on analysis
and consideration of all of the following factors that are relevant:
(i) The hydrogeological characteristics of the facility and surrounding land, including any natural
attenuation and dilution characteristics of the aquifer;
(ii) The volume and physical and chemical characteristics of the leachate;
(iii) The quantity, quality, and direction of flow of ground water underlying the facility;
(iv) The proximity and withdrawal rates of ground-water users;
(v) The availability of alternative drinking water supplies;
(vi) The existing quality of the ground water, including other sources of contamination and their
cumulative impacts on the ground water;
(vii) Public health, safety, and welfare effects.
(2) For purposes of sections 4004(a) and 1008(a)(3), the State may establish an alternative boundary
for a facility to be used in lieu of the solid waste boundary only if it finds that such a change would not
result in the contamination of ground water which may be needed or used for human consumption.
Such a finding shall be based on an analysis and consideration of all of the factors identified in
paragraph (b)(1) of this section that are relevant.
(c) As used in this section:
(1) Aquifer means a geologic formation, group of formations, or portion of a formation capable of
yielding usable quantities of ground water to wells or springs.
(2) Contaminate means introduce a substance that would cause:
(i) The concentration of that substance in the ground water to exceed the maximum contaminant level
specified in appendix I, or
(ii) An increase in the concentration of that substance in the ground water where the existing
concentration of that substance exceeds the maximum contaminant level specified in appendix I.
(3) Ground water means water below the land surface in the zone of saturation.
(4) Underground drinking water source means:
(i) An aquifer supplying drinking water for human consumption, or
(ii) An aquifer in which the ground water contains less than 10,000 mg/1 total dissolved solids.
(5) Solid waste boundary means the outermost perimeter of the solid waste (projected in the horizontal
plane) as it would exist at completion of the disposal activity.
[44 FR 53460, Sept. 13, 1979, as amended at 46 FR 47052, Sept. 23, 1981; 58 FR 9386, Feb. 19,
Browse Previous | Browse Next
For questions or comments regarding e-CFR editorial content, features, or design, email [email protected]
For questions concerning e-CFR programming and delivery issues, email [email protected]
Last updated: July 27, 2005