(1) The regulations contained in this part do not govern the disposal of residential or agricultural solid wastes in a site by a person who can show that he or she:
- (i) Resides within the boundaries of the unit;
- (ii) Generates the residential or agricultural solid waste within the boundaries of the unit;
- (iii) Disposes of the solid waste only on lands that the person owns or leases within the unit;
- (iv) Does not engage in a solid waste disposal practice that poses a reasonable probability of adverse effects on health or the environment, as described by the criteria in 40 CFR part 257, Criteria For Classification Of Solid Waste Disposal Facilities and Practices found at 40 CFR 257.3-1 to 257.3-8; and
- (v) Is not required to possess a State or local permit or license for the disposal of solid waste.