[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: 40CFR256.21]

[Page 360]
 
                   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 C--Solid Waste Disposal Programs
 
Sec. 256.21  Requirements for State regulatory powers.

    In order to comply with section 4003(4), the State plan shall 
provide for the establishment of State regulatory powers. These powers:
    (a) Shall be adequate to enforce solid waste disposal standards 
which are equivalent to or more stringent than the criteria for 
classification of solid waste disposal facilities (40 CFR part 257). 
Such authority shall be as definitive as possible and clearly establish 
the means for compliance.
    (b) Shall include surveillance capabilities necessary to detect 
adverse environmental effects from solid waste disposal facilities. Such 
capabilities shall include access for inspection and monitoring by 
regulatory officials and the authority to establish operator monitoring 
and reporting requirements.
    (c) Shall make use of a permit program which ensures that the 
establishment of new open dumps is prohibited.
    (d) Shall have administrative and judicial enforcement capabilities, 
including enforceable orders, fines or other administrative procedures, 
as necessary to ensure compliance.