40 C.F.R. § 258.13

Fault areas

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(a) New MSWLF units and lateral expansions shall not be located within 200 feet (60 meters) of a fault that has had displacement in Holocene time unless the owner or operator demonstrates to the Director of an approved State that an alternative setback distance of less than 200 feet (60 meters) will prevent damage to the structural integrity of the MSWLF unit and will be protective of human health and the environment.

(b) For the purposes of this section:

(1) Fault means a fracture or a zone of fractures in any material along which strata on one side have been displaced with respect to that on the other side.

(2) Displacement means the relative movement of any two sides of a fault measured in any direction.

(3) Holocene means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present.

Notes of Decisions

Cited in 2 cases, 1996–1996 · leading case: Backcountry Against Dumps & Donna Tisdale v. Env't Prot. Agency, Muht-Hei, Inc., Intervenors, 100 F.3d 147 (D.C. Cir. 1996).

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Backcountry Against Dumps & Donna Tisdale v. Env't Prot. Agency, Muht-Hei, Inc., Intervenors, 100 F.3d 147 (D.C. Cir. 1996). “See 40 C.F.R. §§ 258.13 -.14 (regarding placement of solid-waste treatment facilities in fault areas and seismic zones).”

Yankton Sioux Tribe v. U.S. Env't Prot. Agency, 950 F. Supp. 1471 (D.S.D. 1996). “Id 9 Near the end of the opinion, the court suggested that the EPA and the Campo Band need not wait for Congress to act to give the tribe the same flexibility as States with regard to a particular landfill proposed to be built in a seismic zone on the Campo reservation because…”

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