[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: 40CFR255.23]

[Page 353]
 
                   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 C--Procedures for Identifying Regions and Agencies
 
Sec. 255.23  Joint identification of agencies.

    (a) The Governor should designate a lead agency to manage the 
identification process. That agency should review established 
notification procedures to determine that at least all general purpose 
local governments within the State, all units of regional governance, 
all existing solid waste and water quality management planning agencies, 
and all areawide agencies and the state process under Executive Order 
12372 will be notified. If necessary, a supplemental distribution list 
should be prepared. Consideration should be given to addressing 
individual offices within those agencies.
    (b) The Governor should, by correspondence or State notification 
procedures, notify the agencies on the distribution list (paragraph (a) 
of this section) of the purpose and schedule of the joint identification 
process. This may be coincident with the notification in Sec. 255.20.
    (c) The Governor, an appropriate legislative committee, and 
appropriate local elected officials may submit nominations of agencies 
and functions to the lead agency appointed by the Governor. This lead 
agency should make such nominations public.
    (d) Chief executives of agencies on the distribution list may 
comment by letter on the nominations.
    (e) If a disagreement exists which cannot be settled by 
correspondence or a meeting with the Governor's representative, a public 
hearing should be held and all elected officials of local general 
purpose governments within the region should be invited. The purpose of 
this meeting will be for the local officials to reach a consensus 
regarding the agency(ies) to be formally identified.
    (f) When a consensus is reached among local elected officials a 
formal agreement should be made in conformance with State administrative 
procedures. It should be binding until revised in accordance with this 
subpart.
    (g) When the local consensus is in agreement with the State opinion, 
the State should confirm that agreed arrangement, formally establishing 
the duties and responsibilities of the identified agencies by 
legislative resolution or executive order.
    (h) In the event that a consensus cannot be reached before 270 days 
after promulgation of regulations pursuant to Sec. 255.22 the Governor 
should designate a State agency to develop and implement the plan for 
the concerned region.

[42 FR 24927, May 16, 1977, as amended at 48 FR 29303, June 24, 1983]