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. § 257.3-2

Endangered species

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(a) Facilities or practices shall not cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife.

(b) The facility or practice shall not result in the destruction or adverse modification of the critical habitat of endangered or threatened species as identified in 50 CFR part 17.

(c) As used in this section:

(1) Endangered or threatened species means any species listed as such pursuant to section 4 of the Endangered Species Act.

(2) Destruction or adverse modification means a direct or indirect alteration of critical habitat which appreciably diminishes the likelihood of the survival and recovery of threatened or endangered species using that habitat.

(3) Taking means harassing, harming, pursuing, hunting, wounding, killing, trapping, capturing, or collecting or attempting to engage in such conduct.

Notes of Decisions
Cited in 3 cases, 1990–1993 · leading case: Atwater Twp. Trs. v. B.F.I. Wlllowcreek Landfill, 67 Ohio St. 3d 293 (Ohio 1993).
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Atwater Twp. Trs. v. B.F.I. Wlllowcreek Landfill, 67 Ohio St. 3d 293 (Ohio 1993). “o Environmental Protection Agency (“Ohio EPA”) to adopt rules for the inspection and licensing of solid waste facilities “in order to ensure that the facilities will be located, maintained, and operated, and will undergo closure and post-closure care, in a sanitary manner so as…”
Browning-Ferris Indus. of Ohio, Inc. v. Mahoning Co. Bd. of Health, 590 N.E.2d 61 (Ohio Ct. App. 1990). “r repeal ruleshaving uniform application throughout the state governing solid waste facilities and the inspections and issuance of licenses for all solid waste facilities in order to ensure that the facilities will be located, maintained, and operated in a sanitary manner so as…”
Atwater Twp. Trs. v. B.F.I. Willowcreek Landfill, 1993 Ohio 216 (Ohio 1993). “It empowers the Director of the Ohio Environmental Protection Agency ("Ohio EPA") to adopt rules for the inspection and licensing of solid waste facilities "in order to ensure that the facilities will be located, maintained, and operated, and will undergo closure and…”
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.