[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR255.11]

[Page 351-352]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 255--IDENTIFICATION OF REGIONS AND AGENCIES FOR SOLID WASTE MANAGEMENT--
Table of Contents
 
        Subpart B--Criteria for Identifying Regions and Agencies
 
Sec. 255.11  Criteria for identifying agencies.

    The following criteria are intended to assist in the process of 
agency selection pursuant to section 4006(b) of the Act. They may also 
be useful in pointing out needed improvements in the qualifications of 
the selected agencies.
    (a) Existing agencies with demonstrated satisfactory ability to 
plan, manage, or operate solid waste management services should be 
considered for planning and implementation responsibilities. Agencies 
which have completed planning that resulted in successful implementation 
of solid waste management facilities or services should be given 
priority consideration for future planning responsibilities when they 
otherwise meet these criteria.
    (b) An agency to be identified as responsible for conducting 
regional solid waste management planning should:
    (1) Be a representative organization composed of, or whose 
membership is composed of, individuals at least a majority of whom are 
elected officials of local governments or their designees having 
jurisdiction in the planning region.
    (2) Have planning jurisdiction in the entire planning region.
    (3) Be capable of having the planning process fully underway within 
1 year after identification.
    (4) Have established procedures for adoption, review, and revision 
of plans

[[Page 352]]

and resolution of major issues, including procedures for public 
participation in the planning process.
    (5) Have appropriate experience and skills to perform all of its 
assigned responsibilities, including expertise for the particular waste 
type, processing or disposal technology, and functional area. (Attention 
is directed to OMB Circular No. A-95, paragraph 1.e., part IV of 
Attachment A which encourages the designation of established substate 
district comprehensive planning agencies as the agencies to carry out 
areawide planning assisted or required under any Federal program).
    (c) In identifying agencies for solid waste management planning and 
implementation under section 4006 of the Act, the State should review 
the solid waste activities being conducted by water quality management 
planning agencies designated under section 208 of the Federal Water 
Pollution Control Act. Where feasible, identification of such agencies 
should be considered in the joint identification processes of subpart C 
of this part. There should be a formal means of coordination established 
with the State water quality management agencies.
    (d) Planning objectives will influence agency selection. 
Distinctions may be made between policy planning and facility planning 
and between planning a single solid waste management system and 
comprehensive planning which addresses trade-offs among various media.
    (e) For coordinating planning and implementation under the State 
plan, as required in section 4003(1)(c), consideration should be given 
to identifying one agency for both functions. Where separate planning 
and implementation agencies are selected, there should be some means to 
ensure implementation, such as State legislation or an interagency 
agreement that all constituent jurisdictions will abide by the plan. 
Furthermore, strong coordination should be established between the 
planning agency and the implementing agency. During the planning period, 
the implementation agency should have continual access to plan 
development processes. There should be an administrative procedure to 
resolve conflicts between planners and implementers.
    (f) The agency responsible for carrying out the regional plan should 
be constituted with authority to implement the plan in its constituent 
jurisdictions.
    (g) The need for a reliable volume of waste to supply disposal or 
recovery facilities should be addressed. The Agency providing such 
facilities whose member jurisdictions could choose whether or not to 
utilize the facility should analyze that need and consider methods such 
as franchising or public utility controls to assure an adequate supply.