requirements those "pollutant(s) discharged into the water,
primarily to dispose of waste," explaining that such pollutants

were to be regulated through NPDES permits (33 CFR 323.2(m)).

The preamble accompanying the. Corps' regulations noted thas.
disposal of waste materials, such as sludge, garbage, trash,
and debris in water was better controlled through NPDES permits,
even though the final result of the discharge might be a
filling of an area of the waters of the United States (42 Fed.

Reg. 37130, July 19, 1977).

Most recently, on February 6, 1978, EPA preposed regula-
tions specifying minimum criteria for the classification of
solid waste disposal facilities under sections 1008(a)(3) and
4004(a) of the Resource Conservation and Recovery Act ané
section 405(d) of the Clean Water Ast. Section 257.3-1(2) ci
these regulations would classify solid waste facilities in
wetlands as “open dumps" unless an NPDES permit was obtained
(43 Fed. Rea. 4953, February 6, 1978). These regulations would
also establish a strong presumption against the issuance of an

NPDES permit unless: 1) the discharge is justified in light o

rh

other practicable alternatives; and 2) the permit assures that
the facility will utilize all practicable technologies and/or
best management practices to minimize edverse effects on the

aguatic ecosystem.


Because of the nature of these management practices,

12

AUG 28 155”
EPA

permit writers should work closely with the Office of Solid

Waste as well as Regional 404 permit reviewers in devising

permit terms and conditions, particularly those designed to

ensure adequate control and treatment of leachate. “Similarity,

permit writers in approved States should contact appropriate

State or Federal agencies involved in solid waste management or

the regulation of discharges of dredged or fill material.

Although specific permit conditions will vary depending

upon the characteristics and location of the facility, permits

for solid waste facilities must incorporate the following:

for all permits:

a. s

ia)

ecific boundary limits on the a

rt

@é@ into which
the Gischarsge is authorized; the amount of solid
waste which can be Gischargedc; and permissible

elevations of the disposal area (including the use ot
ompaction). Conditions requiring the constructi
Gikes, levees and other technicues,where

minimize incursions into waters of the United Stetes

(It is important to note that section 404 permits are

required for the construction of these dikes, levees,

requirements for eppropriate control technolocies
and management practices which apply during operation

and upon "“close-down" of

etc.)


“AUG 9 5 I979 -

[The Applicant must

|

NEW FACILITY

APPENDIX

PERMIT DECISLON MAKING PROCESS
[IF THE DISCHARGE OR |
[PROPOSED DISCHARGE |
fis INTO A: _l

| -

[provide an alternatives|
[study as part of its |

|permit application |

|
|
|

[1£ the Alternatives |

|Scudy demonstrates |

[tha

|
|
|

ts

JAlternative

[Sites are
“Javatlable

[the permit

|
|
|
|
|
|
|

JAlcernative

{Sites are not
Javatlable the
|permlt may be

lapplication {issued with
Ishall be Jappropriate
[dented Iconditions

JEXISTING FACILITY |
| SHICHI: |

!

Jas substanelally or
[Completely converted
Jwacter of the U.S.
[into dry areas

{las not substantially |
lor completely converted |
[waters of the U.S. into |
ldry areag |

|
il

[Issue a final perm{t with i]
Jappropriate conditions and |
[not require an alternatives |
Jetudy. The permic shall not]
Jauthorize any discharge tnto|
[waters of the U.S. not I
lalready completely or sub- [
Istantially converted |

@ ser

[Issue an interim permit |
Irequiring, in addition !
{to other applicable !
Irequirements, an alterna-|
[tives scudy based on a |
lcompliance achedule in i
[the permit |

[T£ the alternatives etudy |
Idemonstrates that: |

——____|
| |

[Alternative | * [Alternative
[Sites are [ [Sites are not
Javatlable ! Javailable a
fuhe final | [final permit
[permit shall |may be {issued
It } Jwteh
lappropriate

deoudittons

|
|
|
|
|
|
]
_|


oak’ GN, LR
AUG 23 1872
reculations, however, exclude from the defnition of fill . oe
material "any pollutant discharged into the water primarily to
dispose of waste", explaining that such discharges are to be
regulated through NPDES permits. It is the Corps' position

that the placement of solid waste in waters has as a primary
purpose, the disposal of waste and thus is subject only to

NPDES. EPA will initiate discussions with. the Corps' to modify
their position so that, where solid waste is disposed at a site
resulting in the filling of an area of the waters of the United
States, a Corps' 404 permit as. well as an NPDES. permit will be
recuired for the.entire discharge: In other worés such a

Gischarce would have a dual purpose (disposal and fill) reaguiring
both en NPDES, and 404 permit. Until this issue is resolved,
EPX and epprovec NPDES States have the authority and responsi-
bility to control the discharge of solid waste under section

402 of the CWA. °
A. Who Must Apply?

Under the definition of "point source" solid waste
collection and transport vehicles.which discharge of solié
waste into waters might be considered “dischargers” subject to
NPDES requirements. Logically, however, the solid waste
disposal facility (see Appendix "A" definitions) not the

collection and tranport vehicles should be requireé to comply

with the NPDES requirements. Thus, the owner or- operator of @


memorandum; (2) a facility for which the owner or
operator cannot demonstrate to the satisfaction of
the NPDES permitting authority that a substantial
commitment has been made to solid waste disposal
before the date of this memorandum or (3) any
expansion of an existing facility after the date

of issuance of this memorandum into waters of the
U.S. where these waters have not been converted

or substantially converted into dry land es part of

the operation of the existing facility.

(dad) "Solid waste" means any garbage, trash, sludge from

waste treatment plants, water supply treatment

plants, or air sollution control faci

ities, and

other discarded material, including solic, liquid,
semisolid, or contained gaseous material resulting
from industrial, commercial, mining or acricultural
operations, or other community activities which
constitutes a discharge of pollutants that would not
be adequately controlled through conventional NPDES
*end-of-pipe" treatment technology.

(e) "Waters of the United States" includes, but is not

limited to:

(1) The territorial seas;


(£)

{iii) Intrastate lakes, rivers, streams, and
wetlands which are or could be utilized
for industrial purposes by industries in

interstate commerce; and

(6) All impoundments of water otherwise defined as

waters of the United States under this definition.

“Wetlands” means those areas that are inundated or
saturated by surface or ground waters at a frequency
ang Guration sufficient to support, ané under
normal circumstances do or would susport a prevalence

of vegetation typically

or seasonally saturated soil ccncitions. Wetlands
generally incluce swamps, marshes, bogs, and similar
areas such as sloughs, potholes, wet meadows,

river overflows, mudflats, and natural ponds.


16 “AUG 29 1878

The study must be a realistic appraisal of alternatives.
For example, where a significant portion of an entire region is
composed of wetlands, such as southern Louisiana, the altermatives
study should focus on the relative merits of alternative sites
and methods of disposal in water, with a view toward determining
the least damaging alternative in terms of water quality impact.
Also, the study shall not be limited to areas under the present

ownership of the applicant or the permittee but include all

‘reasonable alternative areas.

Generally, the study should be made on a permit-by-permit
basis. However, in unusual areas where there may be many vemnittees
ancé/or permit applicants in a geographic area the permit issuing

‘authority mey authorize the preparation of an "“areewide altematives

iss

study". This study, which may be prepared by an eopropriate

"~

regional planning commission, must cover the activities of
permittees and permit applicants in a designated geographic area,
with the express agreement of those permittees and applicants and

the concurrence of the permit issuing authority in the area so

designated.

Jeffrey G. Miller Stephen Plehn
Deputy Assistant Administrator, Deputy Assistant Administrator
Office of Water Enforcement ' Office of Solid Waste

Swep T. Davis
Deputy Assistant Administrator
Office of Water, Planning and Standards


° AUG 29 1878
altermatives study in assessing the technology applicable to

the discharge. If reasonable alternative sites exist which

would not result in a discharge into waters of the U.S. a

zero discharge limitation would apply and the application for a
permit for the new facility must be denied. If, however, there
are no alternative sites available with a zero discharge -
potential and a permit is issued, it should be issued for the

site with the least potential for adverse environmental impact

as determined by the alternative studies.

Solid waste is not. susceptible to the same kinds of
. ve
bie
treatment technology traditionally application--to industrial
effluent waste streams. We are not cealing with a waste stream

i
that can be treated to reduce the amount of pollution entering
waters of the U.S. A decision to allow a discharge of solid
waste would nave an irreversible adverse effect on waters
of rhe U.S. i.e., the elimination of these water. Apparently
the only technology available to control the impact of the
Gischarge of solid waste (i.e., the elimination of areas of
waters of the U.S.) is to prevent the discharge or to reduce
its quantity. The decision whether to allow the discharge
Gepends on the availability of feasible alternatives which is
determined through the alternatives study. The determination
of zero discharge for a solid waste facility is similar to the
zero discharge requirements imposed. on industry (i.e. where
total recycle of effluent is the technolocy applied).
B. Existing Facilities

Interim and final NPDES permits may be issued to existing

facilities as: follows:


4.

a description of ‘the types and estimated quantities
of waste known to have been received by the facility
in the past, presently being received in the case

of existing facilities, and wastes anticipated to

be received during the term of the permit. this
description shall include the frequency and duration
of the discharge. Particular reference shall be
made to any toxic pollutants identified by EPA
under section 307 (a)(l)of the CWA, any hazardous
substances identified under section 311 of the CWA,

and any wastes. considered hazardous under Subtitle Cc

of the RCRA;

@ brief description of those specific ereas of the

facility and adjacent and nearby waters where the flow
and circulation of waters of the United States may be
impaired or their reach reduced (including any areas

to be dewatered) during the term of.the permit.

a Gescription of any adverse. environmental. or
health effects which the owner or operator has
reason to know are or will be related to the

operation of the facility, including those based on

_any physical, chemical or biological Gata and

information available (including fish kills), etc.;

a description of technologies and management

practices which the applicant proposes to employ to

Minimize adverse i

acts on the physicsel, chemical,



new or existing solid waste facility must apply for an NPDES
permit. New facilities must apply for and be issued an NPDES
permit before receiving any solid waste for disposal into

waters of the United States.

B. How To Apply?

Owners and operators of solid wastes facilities shall
file applications for NPDES permits with the appropriate EPA

Regional Office or the approved NPDES State. Applicants should

juse the relevant portions of NPDES permit application Short Form

B (agriculture). Under the authority of 40 CFR §§124.23 and

125.13 the following additional information should be provided

with the

oy

pplication in order that the discharge may be completely

ang accurately evaluated:

l.. a factual statement of whether the facility is a new

oer existing facility;

2. a Gescription of the applicability of any State
local, or regional solid waste or water quality
management plans, including any plans approved
under section 4007.of the Resource Conservation and
Recovery Act (RCRA) or section 208 of the CWA,.to

the facility and its consistency with these plans;

3. copies of all applicable State and local permits

and licenses: obtained for the facility, a list of

those required but not obtained (including the current
status of the permit application), and.a statement

that no other such oermits or licenses are required;


APPENDIX "

AUG 23 1878
Both EPA and the U.S. Army Corps of Engineers have recognized

the authority to regulate discharges of solid waste into waters

of the United States under section 402 of the Clean Water Act

A February 9, 1977, letter from EPA's General Counsel noted

that such discharges were unlawful unless authorized by an

NPDES permit. A March 7, 1977, letter from the Deputy Director

of the Corps! Civil Works Division agreed that the discharge of
solid waste into water of the United States, including wetlands,
“is subject to the Clean Water Act. The letter also stated that
while an NPDES permit would be required for such a discharge a
section 404 permit would also be required if it is necessary to
construct a levee or other containment structure to restrain
the wastes from entering surrounding acuatic areas. The letter
further declared that the Corps would not issue a 404 permit
for such a levee or containment structure until the applicable

NPDES permit was issued.

Based on these letters the Deputy Assistant Administrator
for Water Enforcement issued 2 guidance memorandum on July
ll, 1977 indicating that the disposal of solid waste such as
garbage ‘into wetlands or other waters of the United States

is an unlawful discharge of pollutants unless permitted under

section 402 or the Clean Water Act.

Corps regulations issued on July 19, 1977, eliminated from

the definition of fill material subject to section 404 permit


frosty Aa Tt
DRART

7
AUT 9.4 fer0
new facilities may be issued only upon such a showing. A

finding that extraordinary circumstances exists can be mace by
a NPDES permitting authority only upon determimation that: 1)
there are no practicable alternative sites which would not
involve a discharge into water; and 2) where there are no- |
available alternative sites that the facility will employ

all practicable measures and management practices to protect
and minimize potential harm to the affected aquatic ecosystem.
“These Geterminations must be based upon the results of alterna-
tives studies required by-the permit issuing authority -in the
epplication or the permit as provided in sections II, IV

and V of the Memorandum.

Since effluent limitations guidelines controlling the
discharce cf solid waste have not been issued uncer secticns 301

and 304 of the CWia, the decision whether to issue or deny a

~~

ermit and the permit requirements imposed must be decided ona
case-by-case basis under the authority of section 402(a)(1).

In making these decisions the permit issuer must consider
the appropriate factors listed in section 304(b)(1)(B). One of
these factors is "other factors es ... demmed appropriate."

In the case of solid waste facilities the alternatives. study is
an essential element in any permit issuance decision and is an

appropriate factor warranting consideration under section

304(b)(1)(B). Thus, the permit issuer must consider the


5559 -
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20466

SEP 1 1873
MEMORANDUM CFFICE OF ENFORCEMENT
TO: Addressees (Attached)
FROM: Jeffrey G. Miller, Deputy Assistant Administrator for
Water Enforcement (EN-335) :

Swep T. Davis, Deputy Assistant Administrator for
Water Planning and Standards (WH-551)

Stephen Plehn, Deputy Assistant Administrator. for

Solid Waste (WH-562) -
+ SUBJECT: Request for Comments on “NPDES Permits for Solid Waste

Disposal Facilities in Waters of the. United States"

Attached is a draft (dated August 23, 1978) Policy Guidance
Memorandum on the above captioned matter. We would appreciate your
written comments on the draft memorandum and ask that you. provide any
comments by SestesberSs> 1978.

Ccieker /3,

Please send comments to:

Tom Tomasello

Permits Division, Cffice of Water Enforcement (EN-336)
Environmental Protection Agency
401 4 Street, SW

Washington, DC 20460

SR.

Jeffrey G. Miller Sweg T. Davis

SLM A ta

“1 Stephen Plehn

Attachment


PRD A es
ze RAE E

permit shall not authorize any discharge of AUG 23 1979
solid waste into waters of the U.S. other than
into those which have already been converted or

substantially converted into a-dry area,

oO at the expiration of an interim permit where
the results of the alternatives study indicates

that there are no practicable alternative

discharge sites.

Pinal permits for the continued discharge at existing

facilities where water areas of the U.S. have.not been substan-

tially filled shall be denied if the alternatives study recuired

in the interim permit demonstrates the existence of an alternative

site. The authority and rationale to deny issuance of.a finel

permit based on the alternatives study is the.same es th

out for "new facilities" above.

Final permits (for both new existing facilities) shall
xpire five years from issuance or on the "close-down"” date

reported in the application, whichever is earliest. However

permits of even shorter duration may be issued on the basis of
the alternatives study if the study indicates that the facility

may be phased out before the "close-down" date. The permit

issuer may establish an expiration date extending beyond
the “close-down" date as appropriate to impose monitoring

and inspection requirements at the facility to ensure tt

thet

iteachate or other pollutants will not enter waters of the

t

U.S.following close-down.


Als &3
(1) Interim permits shall require an alternatives study

and shall be issued to existing facilities where the discharge

of solid waste at the facility has not completely or. substantially
converted waters of the U.S. within’ the disposal site into a

dry area. The permit shall authorize the discharge only into
those areas already converted or substantially converted into

dry areas and shall not authorize any further encroachment into
waters of the U.S. The interim permit shall expire 180 days
“after submission of the final alternatives study as required in
the interim permit. This interim permit mechanism allows

existing facilities to continue to discharge solic waste

pencGing the results of the alternatives. stucy;
(2) Final permits may be issued to existing facilities:

o without recuiring an alternatives study where
the discharge of solid waste at the facility
has completely or substantially converted

waters of the U.S. into.e dry area. 2/The final

2/ These areas which are waters of the U.S. end have been
converted into dry areas remain waters of the U.S.
subject to the CWA. Dischargers discharging into these
areas must apply for an NPDES permit. Uncer unusual
circumstances (i.e., Where these areas ere filled after
tne date of this memorandum without a permit) restcration

of the area may be -rewuirec.


a

fo PTD
Fer

and biological integrity of waters adjacent to and
nearby the facility, during operation of the facility
and similar practices which will be implemented to
minimize these impacts upon "close-down" of the
faciity; .

8. for new facilities, an alternatives study which
investigates the availability of practicable alternative
disposal sites (including those which would not
involve a discharge into water) and alternative
methods of disposal. (including. improved tehnoliogical

controls over the generation and migration of leachate);

9. for new facilities, the permit issuers may vrecuire the
applicant to perform algal or biological assay tests
on adjacent and nearby waters to assist in establishing

permit terms and condi

ions; and

10. a "“close-down" date if appropriate, indicating how

long the facility will receive solid waste.

III. Permit Issuance and Denial

A. New Facilities

Only under extraordinary circumstances should an NPDES
permit be issued authorizing a new ‘discharge of solid waste

into waters of the United States. -Thus permits for


(2)

(3)

(4)

(5)

. 7e
All waters which are presently used, or

were used in the past, Or may be susceptible to
use in interstate or foreign commerce, including
all waters which are subject to the ebb and

flow of the tide, intermittent streams, and*

adjacent wetlands.

Tributaries of navigable waters of the United

States, including adjacent wetlands;

Interstate waters, including adjacent wetlands

and

All other waters of the United States such es
intrastate lakes, rivers, streams, mudflets,

sandflats and wetlands, the use, degradation

er destruction of which would effect or

could affect interstate commerce inclucing, but

not limited to:

(i) Intrastate lakes, rivers, streams, and
wetlands which are or could be used by
interstate travelers for recreational or

other purposes; and

(ii) Intrastate lakes, rivers, streams,
wetlands from which fish or shellfish
are or could be taken and scold in interstate

commerce; and


=}
ew

: ee AUG .24 4878...
should not be permitted where there are practicable alternatives

which: 1) do not involve a discharge into water; or 2) could be
conducted in a manner less damaging to the affected aquatic
ecosystem. Appendix "A" provides the definition of certain

terms used in this memorandum.

This policy is consistent with the principles contained in
EPA's Wetlands Policy (38 Fed. Reg. 10834, May 2, 1973), Executive
Order 11990 providing for the protection of wetlands (42 Fed.
“Reg. 26901, May 24, 1977), and EPA's proposed classification
criteria for solid waste disposal facilities under section 4004
of the Resource Conservation and Recovery Act and section 405 of

the Clean Water Act (43 Fed. Reg., 4953, February 6, 1978).

II. NPDES APPLICABILITY

There appears to be overlapping authorities under sections
402 ane 404 of the C¥A to control the discharge of solic waste.
EPA end approved NPDES States have authority to issue NPDES
permits under section 402, and the U.S, Army Corps of Engineers ©
and approved 404 States have authority to issue permits to
control solid waste disposal under section 404. EPA hes-.on
several occasions recognized the authority to regulate the

Gischarge of solid waste under the NPDES program. 1/ Corps

l/ Appendix "B“ contains a brief discussion of EPA and Corps
jurisdiction to control the discharge of solid waste under
sections 402 and 404.


13

the maximum extent practicable, minimize sotential
adverse impacts upon adjacent or nearby waters,
particularly those impacts resulting from leachate
generation and migration. The required control
technologies and management practices may include -
constructing drainage control structures, maintainance
of adequate soil cover, minimization of the active
working face of the facility, prevention of contact of
discharged waste with ground water, means necessary to
prevent toxic and hazardous substances from entering
the environment outside of the disposal site, employment
of impermeable barriers or collection ditches and

treatment of collected leachate

c. terms and conditions necessary to ensure compliance
with any eppropriate requirements of sections 307
(toxic pollutants) 311 (hazardous substances), and 405 ~

(sewage sludge) of the CWA;

d. provisions for adequate monitoring record-
keeping, and reporting on the wastes being discharged

including the amount of waste discharged;

e. to the extent that the disposal area falls
within the waters defined in section 403 of
the CWA, compliance with guidelines issued under

Section 403(c) of the CWA; and


a
wa

¢. a condition that the interim permit will not

extend more than 180 days after the date established
in the compliance schedulé for the submission of the
final alternatives study, and in no case later’ than

July 1, 1981.
3. for final permits:
a reasonable compliance schedule towards implementa-

tion of the best management practices and control

requirements required in the permit

“Vv. Alternatives Stud

The alternatives study in the permit. application for new
facilities and in interim permits for existinc facilities is

essential to fulfilling the objective of eliminating the

Gisposal of solic waste in waters. In addition to describing

alternative sites and methoés of disposal, the stucy must: 1)

assess the effects on water quality of. each alternative; 2)

assess the technical and economic feasibility of each a

3) compare the relative water quality impact and feasibility

of the alternatives; and 4) determine which feasible eltemative

(alone or in combination) will most effectively minimize
anticipated impacts upon waters of the U.S.; ané 5) for existing
facilities issued interim permits, consider the impact that

solid waste disposal has had on waters of the U. S. within the

existng disposal site. Determinations of the economic feasibility

of alternatives shall be based on the total cost of solid waste

management (including the cost of solid waste co

transportation), not merely on the costs associated with

Gisposal.


NENORANDUM - fl ik i &
: : . g top
TO: Regional Administrators : + ORE

NPDES State Directors 5

AUG 2 3 1279
FROM: Deputy Assistant Administrator for Water _
Enforcement (EN-335)

Deputy Assistant Administrator for Solid Waste (WH-562)
Deputy Assistant Administrator for Water Planning
and Standards (WH-551)
SUBJECT: NPDES Permits for Solid Waste Disposal Facilities

in Waters of the United States ~ POLICY GUIDANCE ~
MEMORANDUM

I. INTRODUCTION

Questions have been asked regarding the applicability of the
National Pollution Discharge Elimination System ("NPDES") program
to discharges of solid wastes into waters of the United States
particularly wetlanés. “tn response to requests from EPA Regions
and potential permittees for guidance,

this memorandum provides

policy on .the applicability of the NPDES program to these types

of discharges and the criteria. and procedures for the issuance of

such permits. Although the. discharge of any solid waste into
waters of the United States requires an NPDES permit, this
guicance is limited to solid waste disposal facilities located in
waters of the U. S. which receive wastes from sources such as
trucks, barges, or other transportation vehicles. The guidance
applies principally to those water areas most easily converted to
solid waste disposal facilities, such as wetlands and tidal areas
including unvegetated coastal mud flats.

The thrust of the policy expressed in this guidance is that

Pre yaar

the discharge of solid wastes into water.is subject to the NPDES

recuirements of section 402 of the Clean Water Act. ("CWA") ano


Addressees:

Directors of Approved NPDES
Permit Programs

Enforcement Division Directors,
Regions I - X

Permit Branch Chiefs,
Regions I - X

Alan Eckert, OGC

Lee DeHihns, OGC

Libby Dollard, National Solid Waste
Management Association

Steve Schroeder, Natural Resources
Defense Council .

William Hedeman, U. S. Army Corps
of Engineers

Curtis Clark, U.S. Army Corps of
Engineers

Dennis Huebner, Region I
Russel} Wilder, Region 1
A. Miller, Region LI
Michael Debonis, Region I1
C. Howard, Region III
William Schremp, Region III
J. Humphries, Region III
Randy Pomponio, Resion III
M. Polensky, Region II1
George Penc, Region Lil
E. T. Heinen, Region IY
Karl Klepitsch, Region V
“£.. Shannon, Region V
Peter Dunsavage, Region Vl
Bill Hathaway, Region VI
Morris Tucker, Region VII
Lawrence Gazda, Region YIII
Dale Yondenahl, Region VIII
Charles Sourns, Region IX
Tobia Hegaahl, Region X
Ronald Lee, Region X


co onan cae ao .  AUG-2 2 1978
Appendix "C" provides a schemative flow diagram of the

above permit issuance and denial discussion.

Iv. Permit Terms and Conditions

While the procedures for processing solid waste facility
permits will not vary appreciably from other NPDES permits,
their content might be substantially different.3/ This is
due to the fact that the appropriate. permit controls are'‘not

_ traditional "“end-of-pipe" effluent limitations; instead, the
appropriate controls: are specific management practices’ imposed
under section 402(a)(1).0of the CWA which are designed to reduce

adverse impacts upon the adjacent and nearby equatic ecosysten

if the discharge is authorized.

The utilization of such management practices when effluent

Jimitations ere infeasible has recently been sanctionec by the
District of Columbia Circuit Court of Appeals iNRDC v. Costle
_. F 24, 10 ERC 2025 (D.C. Cir. 1977)]. Moreover, there is
authority under sections 304(e) and 402(a)(1) of the CWA to
impose BMP's where the discharge of soiid waste may contribute
significant amounts of toxic or hazardous pollutants as defined

under section 307(a)(1) or 311 of the CWA.

3/ However, the traditional NPDES approach of specifying
end-of-pipe treatment is still aepropriate in certain
cases for example where leachate is channelized and

collected end ultimately discharged.


€

bioassey and/or algal ‘assay tests on the solid

waste and leachate (where collected and treated)

and

on the receiving waters to assist in determining
whether the management practices and conditions
specified in the permit remain adequate to minimize
adverse water quality effects. Sampling from welis
may be required to detect ground water. contamination
particularly where this contamination may effect

sutfece waters.

for interim permits:
a. a condition that the applicant will undertake a
study of practicable alternative disposal sites

(including those which would not involve a Gischarge
into water) and alternative methods of disposal
(including improved technologicei controls over
generation and migration of leachate), which will
the basis for the issuance of any NPDES pernmi

the expiration of the interim permit.

b. a compliance schedule for preparation of. an
alternatives study including: a) 4a date for
submission of a draft alternatives study, which

should be as soon as practicable, but generally not

later than one year from the date of issuance of

the interim permit; and b) a- date for submission of
the final alternatives study, which should allow up

to six months to revise the stuéy in response to

comments from the permit issuing authority.