40 C.F.R. § 258.28

Liquids restrictions

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(a) Bulk or noncontainerized liquid waste may not be placed in MSWLF units unless:

(1) The waste is household waste other than septic waste;

(2) The waste is leachate or gas condensate derived from the MSWLF unit and the MSWLF unit, whether it is a new or existing MSWLF, or lateral expansion, is designed with a composite liner and leachate collection system as described in § 258.40(a)(2) of this part. The owner or operator must place the demonstration in the operating record and notify the State Director that it has been placed in the operating record; or

(3) The MSWLF unit is a Project XL MSWLF and meets the applicable requirements of § 258.41. The owner or operator must place documentation of the landfill design in the operating record and notify the State Director that it has been placed in the operating record.

(b) Containers holding liquid waste may not be placed in a MSWLF unit unless:

(1) The container is a small container similar in size to that normally found in household waste;

(2) The container is designed to hold liquids for use other than storage; or

(3) The waste is household waste.

(1) Liquid waste means any waste material that is determined to contain “free liquids” as defined by Method 9095B (Paint Filter Liquids Test), included in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods” (EPA Publication SW-846) which is incorporated by reference. A suffix of “B” in the method number indicates revision two (the method has been revised twice). Method 9095B is dated November 2004. This incorporation by reference was approved by the Director of the Federal Register pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. This material is incorporated as it exists on the date of approval and a notice of any change in this material will be published in the Federal Register. A copy may be inspected at the Library, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW. (3403T), Washington, DC 20460, [email protected]; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(2) Gas condensate means the liquid generated as a result of gas recovery process(es) at the MSWLF unit.

[56 FR 51016, Oct. 9, 1991, as amended at 66 FR 42449, Aug. 13, 2001; 70 FR 34555, June 14, 2005]

Notes of Decisions

Cited in 4 cases, 1995–2017 · leading case: Grassroots Recycling Network, Inc. v. United States Env't Prot. Agency, 429 F.3d 1109 (D.C. Cir. 2005).

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Grassroots Recycling Network, Inc. v. United States Env't Prot. Agency, 429 F.3d 1109 (D.C. Cir. 2005). “40 C.F.R. § 258.28 (a)-(b). The States are responsible for enforcing adherence to the EPA’s minimum criteria for landfills.”

AES Puerto Rico, L.P. v. Trujillo-Panisse, 857 F.3d 101 (1st Cir. 2017). “See 40 C.F.R. § 258.28 . 5 . The Resolution notes that the Humacao landfill's 2013 Operation Plan "listed the materials that the facility would petition for in a future request for a waiver as materials proposed as alternate cover.”

Yankton Sioux Tribe v. S. Missouri Waste Mgmt. Dist., 890 F. Supp. 878 (D.S.D. 1995). “40 C.F.R. § 258.28 (a)(2). Plaintiff’s expert, Dr.”

Yankton Sioux Tribe v. U.S. Env't Prot. Agency, 950 F. Supp. 1471 (D.S.D. 1996). “nicipal Solid Waste Permit Programs over lands within the exterior boundaries of the Yankton Sioux Reservation; (2) a federal regulation requires installation of a composite liner and leachate collection system in a Subtitle D facility if noncontainerized leachate derived from…”

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