(a) Applicability. This section applies to:
- (1) Existing landfills;
- (2) New landfills; and
- (3) Expansions to permitted facilities.
(b) Species threat. 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.
- (c) Habitat threat. 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.