C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER I—SOLID WASTES › PART 258—CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS › Subpart C—Operating Criteria

40 C.F.R. § 258.21

Cover material requirements

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(a) Except as provided in paragraph (b) of this section, the owners or operators of all MSWLF units must cover disposed solid waste with six inches of earthen material at the end of each operating day, or at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing litter, and scavenging.

(b) Alternative materials of an alternative thickness (other than at least six inches of earthen material) may be approved by the Director of an approved State if the owner or operator demonstrates that the alternative material and thickness control disease vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment.

(c) The Director of an approved State may grant a temporary waiver from the requirement of paragraph (a) and (b) of this section if the owner or operator demonstrates that there are extreme seasonal climatic conditions that make meeting such requirements impractical.

(d) The Director of an Approved State may establish alternative frequencies for cover requirements in paragraphs (a) and (b) of this section, after public review and comment, for any owners or operators of MSWLFs that dispose of 20 tons of municipal solid waste per day or less, based on an annual average. Any alternative requirements established under this paragraph must:

(1) Consider the unique characteristics of small communities;

(2) Take into account climatic and hydrogeologic conditions; and

(3) Be protective of human health and the environment.

[56 FR 51016, Oct. 9, 1991, as amended at 62 FR 40713, July 29, 1997]
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1996–2024 · leading case: Gilbert Ashoff, Marjorie Ashoff, Friends of the Russian River, California Corporation and Miles T. Crail v. City of Ukia
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Gilbert Ashoff, Marjorie Ashoff, Friends of the Russian River, California Corporation and Miles T. Crail v. City of Ukia (1997) ca9 · cites it 2× “40 C.F.R. § 258.21 (a) provides that owner/operators must cover disposed solid waste with six inches of earthen materials at the end of each operating day.”
Backcountry Against Dumps and Donna Tisdale v. Environmental Protection Agency, Muht-Hei, Inc., Intervenors (1996) cadc · cites it 2× “” 40 C.F.R. § 258.21 (a). Approved states may permit landfill operators to use “[alternative materials of an alternative thickness .”
Little v. Louisville Gas & Electric Co. (2014) kywd · cites it 2× “45 (and the environmental performance standards incorporated at 401 KAR 30:031); (2) federal municipal solid waste landfill cover and air criteria standards at 40 C.F.R. § 258.21 and 40 C.F.R. § 258.24 ; and (3) Kentucky’s cover standard which is applicable to “contained”…”
AES Puerto Rico, L.P. v. Trujillo-Panisse (2017) ca1 “See 40 C.F.R. § 258.21 (a) (stating that sanitary landfills “must cover disposed solid waste with six inches of earthen material at the end of each operating day, or at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing litter, and…”
Cooley v. Anderson Regional Landfill LLC (2024) scd · cites it 5× “(c) 40 CFR Part 258.21, requiring owners and operators to control disease vectors, fires, odors, blowing litter, and scavenging, and to operate without presenting a threat to human health and the environment, and to be protective of human health and the environment.”
Johnston v. Anderson Regional Landfill LLC (2024) scd · cites it 5× “(c) 40 CFR Part 258.21, requiring owners and operators to control disease vectors, fires, odors, blowing litter, and scavenging, and to operate without presenting a threat to human health and the environment, and to be protective of human health and the environment.”
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