[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: 40CFR256.01]

[Page 356-357]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 256--GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID 
WASTE MANAGEMENT PLANS--Table of Contents
 
          Subpart A--Purpose, General Requirements, Definitions
 
Sec. 256.01  Purpose and scope of the guidelines.


    (a) The purpose of these guidelines is to assist in the development 
and implementation of State solid waste management plans, in accordance 
with section 4002(b) of the Solid Waste Disposal Act, as amended by the 
Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6942(b)) (the 
``Act''). These guidelines contain methods for achieving the objectives 
of environmentally sound management and disposal of solid and hazardous 
waste, resource conservation, and maximum utilization of valuable 
resources.
    (b) These guidelines address the minimum requirements for approval 
of State plans as set forth in section 4003 of the Act. These are:
    (1) The plan shall identify, in accordance with section 4006(b), (i) 
the responsibilities of State, local, and regional authorities in the 
implementation of the State plan, (ii) the distribution of Federal funds 
to the authorities responsible for development and implementation of the 
State plan, and (iii) the means for coordinating regional planning and 
implementation under the State plan.
    (2) The plan shall, in accordance with section 4005(c), prohibit the 
establishment of new open dumps within the State, and contain 
requirements that all solid waste (including solid waste originating in 
other States, but not including hazardous waste) shall be (i) utilized 
for resource recovery or (ii) disposed of in sanitary landfills (within 
the meaning of section 4004(a)) or otherwise disposed of in an 
environmentally sound manner.
    (3) The plan shall provide for the closing or upgrading of all 
existing open dumps within the State pursuant to the requirements of 
section 4005.

[[Page 357]]

    (4) The plan shall provide for the establishment of such State 
regulatory powers as may be necessary to implement the plan.
    (5) The plan shall provide that no local government within the State 
shall be prohibited under State or local law from entering into long-
term contracts for the supply of solid waste to resource recovery 
facilities.
    (6) The plan shall provide for resource conservation or recovery and 
for the disposal of solid waste in sanitary landfills or for any 
combination of practices so as may be necessary to use or dispose of 
such waste in a manner that is environmentally sound.
    (c) These guidelines address the requirement of section 4005(c) that 
a State plan:

    Shall establish, for any entity which demonstrates that it has 
considered other public or private alternatives for solid waste 
management to comply with the prohibition on open dumping and is unable 
to utilize such alternatives to so comply, a timetable or schedule of 
compliance for such practice or disposal of solid waste which specifies 
a schedule of remedial measures, including an enforceable sequence of 
actions or operations leading to compliance with the prohibition on open 
dumping of solid waste within a reasonable time (not to exceed five 
years from the date of publication of the inventory).