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III.D.7. Other Operations That May Be Regulated

There are many operations associated with solid waste management that may be regulated under U.S. environmental laws and regulations, such as wetlands, storage tanks, and pesticide use:

· Wetlands: Construction of solid waste management units have the potential to impact aquatic resources, particularly wetlands. Such activities affecting to wetlands may be regulated by the U.S. Army Corps of Engineers and EPA under Section 404 of the CWA and Section 10 of the Rivers and Harbors Act.

· Storage tanks: Solid waste management operations may have underground storage tanks (USTs) to store petroleum products (such as gasoline, diesel, and used motor oil) or other substances. USTs are regulated under Subtitle I of RCRA. As the owner, local governments are responsible for the safe operation and maintenance of the tanks. Such operations may also have aboveground tanks (ASTs) for the storage of petroleum products. ASTs that contain petroleum products are regulated under the SPCC provisions of the CWA. AST construction and design requirements for AST systems are typically governed by state and local fire marshals who enforce a variety of National Fire Protection Association regulations and codes.

· Pesticide use: Pesticides may be used in solid waste management activities to control weed growth and control vectors. Activities related to pesticide use and storage may be regulated under the provisions of the FIFRA, EPCRA, or CAA Section 112(r). For more information on pesticide management, refer to Section III.B.

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