C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER I—SOLID WASTES › PART 257—CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL FACILITIES AND PRACTICES › Subpart A—Classification of Solid Waste Disposal Facilities and Practices

40 C.F.R. § 257.3-1

Floodplains

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Facilities or practices in floodplains shall not restrict the flow of the base flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste, so as to pose a hazard to human life, wildlife, or land or water resources.

(b) As used in this section:

(1) Based flood means a flood that has a 1 percent or greater chance of recurring in any year or a flood of a magnitude equalled or exceeded once in 100 years on the average over a significantly long period.

(2) Floodplain means the lowland and relatively flat areas adjoining inland and coastal waters, including flood-prone areas of offshore islands, which are inundated by the base flood.

(3) Washout means the carrying away of solid waste by waters of the base flood.

[44 FR 53460, Sept. 13, 1979; 44 FR 54708, Sept. 21, 1979]
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2005–2023 · leading case: Hackensack Riverkeeper, Inc. v. Delaware Ostego Corp., 450 F. Supp. 2d 467 (D.N.J. 2006).
Sort: Relevance Newest Treatment
Hackensack Riverkeeper, Inc. v. Delaware Ostego Corp., 450 F. Supp. 2d 467 (D.N.J. 2006). · cites it 2× “’ 40 C.F.R. § 257.3-1 .” (Pit. Br. in Opp. 11).”
Potomac Riverkeeper, Inc. v. Nat'l Capital Skeet & Trap Club, Inc., 388 F. Supp. 2d 582 (D. Maryland 2005). · cites it 3× “40 C.F.R. § 257.3-1 (2005). 6 Solid waste includes any garbage, refuse or other discarded material resulting from commercial operations or community activities.”
Sherrill v. Mayor of Baltimore, 31 F. Supp. 3d 750 (D. Maryland 2014). · cites it 2× “” 40 C.F.R. § 257.3-1 . The "washout” of solid waste is defined as the “carrying away of solid waste by waters[.”
Living Lands, LLC v. Cline (S.D.W. Va 2023). · cites it 3× “They then argue that the in-stream surface impoundments, ditches, and drying pits constitute open dumps under RCRA because they violate the floodplain and groundwater criteria under Subtitle D of RCRA, as set out in 40 C.F.R. §§ 257.3-1 and 257.3-4, respectively.”
The Courtland Co., Inc. v. Union Carbide Corp. (Courtland II) (S.D.W. Va 2021). “, Part 257 implicate the criteria found in 40 CFR § 257.3-1 , which characterizes facilities that affect a floodplain in certain environmentally hazardous ways as open dumps, the Magistrate Judge wrongly determined that floodplain permitting standards are not relevant to Count V.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.