[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR751.9]

[Page 368-369]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 751--JUNKYARD CONTROL AND ACQUISITION--Table of Contents
 
Sec. 751.9  Effective control.

    (a) In order to provide effective control of junkyards located 
within 1,000 feet of Interstate and Federal-aid primary highways, the 
State must:

[[Page 369]]

    (1) Require such junkyards located outside of zoned and unzoned 
industrial areas to be screened or located so as not to be visible from 
the main traveled way, or be removed from sight.
    (2) Require the screening or removal of nonconforming junkyards 
within a reasonable time, but no later than 5 years after the date the 
junkyard becomes nonconforming unless Federal funds are not available in 
adequate amounts to participate in the cost of such screening or removal 
as provided in 23 U.S.C. 136(j).
    (3) Prohibit the establishment of new junkyards unless they comply 
with the requirements of paragraph (a)(1) of this section.
    (4) Expeditiously require junkyards which are illegally established 
or maintained to conform to the requirements of paragraph (a)(1) of this 
section.
    (b) Sanitary landfills as described herein need not be screened to 
satisfy requirements of Title 23, U.S.C., but landscaping should be 
required when the fill has been completed and operations have ceased, 
unless the landfill area is to be used for immediate development 
purposes. A sanitary landfill, for the purposes of this part, is a 
method of disposing of refuse on land without creating a nuisance or 
hazards to public health or safety by utilizing the principles of 
engineering to confine the refuse to the smallest practical area, to 
reduce it to the smallest practical volume, and to cover it with a layer 
of earth at the conclusion of each day's operation or at such more 
frequent intervals as may be necessary.
    (c) The State shall have laws, rules, and procedures sufficient to 
provide effective control, to discover illegally established or 
maintained junkyards shortly after such occurrence, and to cause the 
compliance or removal of same promptly in accordance with State legal 
procedures.