40 C.F.R. § 258.27
Surface water requirements
MSWLF units shall not:
(a) Cause a discharge of pollutants into waters of the United States, including wetlands, that violates any requirements of the Clean Water Act, including, but not limited to, the National Pollutant Discharge Elimination System (NPDES) requirements, pursuant to section 402.
(b) Cause the discharge of a nonpoint source of pollution to waters of the United States, including wetlands, that violates any requirement of an area-wide or State-wide water quality management plan that has been approved under section 208 or 319 of the Clean Water Act, as amended.
Notes of Decisions
Cited in 2
cases, 2010–2011 · leading case: Bd. of Cnty. Commissioners v. Marcas, L.L.C., 4 A.3d 946 (Md. 2010).
Bd. of Cnty. Commissioners v. Marcas, L.L.C., 4 A.3d 946 (Md. 2010). “Part 258, including but not limited to, criteria in 40 C.F.R. §§ 258.27 , 258.23, or 258.25, the Landfill is an open dump prohibited by Section 4005 of the SWDA, 42 U.”
Marcas, L.L.C v. Bd. of Cnty. Commissioners, 817 F. Supp. 2d 692 (D. Maryland 2011). “Part 258, including but not limited to, criteria in 40 C.F.R. §§ 258.27 , 258.23, or 258.25, constitutes an open dump prohibited by Section 4005 of the [RCRA], 42 U.”
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