(a) Prohibition against taking. Solid waste facilities and practices shall not cause or contribute to the taking of any endangered or threatened species of:
- (1) Plants;
- (2) Fish; or
- (3) Wildlife.
- (b) Destruction of habitat. 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 C.F.R. pt. 17.