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Q107. If an MSW landfill has a dedicated area which receives waste other than MSW, may this area be excluded from the rule requirements?

A107. “MSW landfill means an entire disposal facility in a contiguous geographical space where household waste is placed in or on land.  An MSW landfill may also receive other types of RCRA Subtitle D wastes (40 CFR 257.2) such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste.  Portions of an MSW landfill may be separated by access roads, public roadways, or other public right-of-ways. An MSW landfill may be publicly or privately owned”.  Unless this dedicated area is considered a completely separate landfill facility then this area cannot be excluded from the various requirements of the rule.

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