C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER I—SOLID WASTES › PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F—Releases From Solid Waste Management Units

40 C.F.R. § 264.95

Point of compliance

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(a) The Regional Administrator will specify in the facility permit the point of compliance at which the ground-water protection standard of § 264.92 applies and at which monitoring must be conducted. The point of compliance is a vertical surface located at the hydraulically downgradient limit of the waste management area that extends down into the uppermost aquifer underlying the regulated units.

(b) The waste management area is the limit projected in the horizontal plane of the area on which waste will be placed during the active life of a regulated unit.

(1) The waste management area includes horizontal space taken up by any liner, dike, or other barrier designed to contain waste in a regulated unit.

(2) If the facility contains more than one regulated unit, the waste management area is described by an imaginary line circumscribing the several regulated units.

Notes of Decisions
Cited in 3 cases, 1989–2006 · leading case: Phelps Dodge Tyrone, Inc. v. New Mexico Water Quality Control Comm'n, 143 P.3d 502 (N.M. Ct. App. 2006).
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Phelps Dodge Tyrone, Inc. v. New Mexico Water Quality Control Comm'n, 143 P.3d 502 (N.M. Ct. App. 2006). “95 (a) (2005), defining a point of compliance as “a vertical surface located at the hydraulically downgradient limit of the waste management area that extends down into the uppermost aquifer underlying the regulated units” also may be appropriate for consideration insofar as it…”
United States (EPA) v. Env't Waste Control, Inc., 710 F. Supp. 1172 (N.D. Ind. 1989). “40 C.F.R. § 264.95 (b) defines “waste management area” for permitted facilities as “the limit projected in the horizontal plane of the area on which waste will be placed during the active life of a regulated unit.”
Env't Def. Fund v. United States Nuclear Regulatory Comm'n, 902 F.2d 785 (10th Cir. 1990). · cites it 5× “, 40 C.F.R. § 264.95 (“point of compliance”); 40 C.”
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