The owner or operator of each new waste pile on which construction commences after January 29, 1992, each lateral expansion of a waste pile unit on which construction commences after July 29, 1992, and each such replacement of an existing waste pile unit that is to commence reuse after July 29, 1992 must install two or more liners and a leachate collection and removal system above and between such liners, and operate the leachate collection and removal systems, in accordance with § 264.251(c) , unless exempted under § 264.251(d), (e), or (f) , of this chapter; and must comply with the procedures of § 265.221(b) . "Construction commences" is as defined in § 260.10 of this chapter under "existing facility".
40 C.F.R. §265.254