[Code of Federal Regulations]
[Title 40, Volume 17, Parts 199 to 259]
[Revised as of July 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR257.3-2]

[Page 364]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 257--CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL FACILITIES AND PRACTICES--Table of Contents
 
    Subpart A--Classification of Solid Waste Disposal Facilities and 
                                Practices
 
Sec. 257.3-2  Endangered species.

    (a) Facilities or practices shall not cause or contribute to the 
taking of any endangered or threatened species of plants, fish, or 
wildlife.
    (b) The facility or practice shall not result in the destruction or 
adverse modification of the critical habitat of endangered or threatened 
species as identified in 50 CFR part 17.
    (c) As used in this section:
    (1) Endangered or threatened species means any species listed as 
such pursuant to section 4 of the Endangered Species Act.
    (2) Destruction or adverse modification means a direct or indirect 
alteration of critical habitat which appreciably diminishes the 
likelihood of the survival and recovery of threatened or endangered 
species using that habitat.
    (3) Taking means harassing, harming, pursuing, hunting, wounding, 
killing, trapping, capturing, or collecting or attempting to engage in 
such conduct.