[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: 40CFR256.22]

[Page 360-361]
 
                   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. 256.22  Recommendations for State regulatory powers.

    In order to assist compliance with section 4003(4), the following 
are recommendations for State regulatory powers as may be necessary to 
prohibit new open dumps and close or upgrade all existing open dumps.
    (a) Solid waste disposal standards:
    (1) Should be based on the health and environmental impacts of 
disposal facilities.
    (2) Should specify design and operational standards.
    (3) Should take into account the climatic, geologic, and other 
relevant characteristics of the State.
    (b) Surveillance systems should establish monitoring requirements 
for facilities.

[[Page 361]]

    (1) Every facility should be evaluated for potential adverse health 
and environmental effects. Based on this evaluation, instrumentation, 
sampling, monitoring, and inspection requirements should be established.
    (2) Every facility which produces leachate in quantities and 
concentrations that could contaminate ground water in an aquifer should 
be required to monitor to detect and predict contamination.
    (3) Inspectors should be trained and provided detailed instructions 
for checking on the procedures and conditions that are specified in the 
engineering plan and site permit. Provisions should be made to ensure 
chain of custody for evidence.
    (c) Facility assessment and prescription of remedial measures should 
be carried out by adequately trained or experienced professional staff, 
including engineers and geologists.
    (d) The State permit system should provide the administrative 
control to prohibit the establishment of new open dumps and to assist in 
meeting the requirement that all wastes be used or disposed in an 
environmentally sound manner.
    (1) Permitting procedures for new facilities should require 
applicants to demonstrate that the facility will comply with the 
criteria.
    (2) The permit system should specify, for the facility operator, the 
location, design, construction, operational, monitoring, reporting, 
completion and maintenance requirements.
    (3) Permit procedures should include provisions to ensure that 
future use of the property on which the facility is located is 
compatible with that property's use as a solid waste disposal facility. 
These procedures should include identification of future land use or the 
inclusion of a stipulation in the property deed which notifies future 
purchasers of precautions necessitated by the use of the property as a 
solid waste disposal facility.
    (4) Permits should only be issued to facilities that are consistent 
with the State plan, or with substate plans developed under the State 
plan.
    (e) The enforcement system should be designed to include both 
administrative procedures and judicial remedies to enforce the 
compliance schedules and closure procedures for open dumps.
    (1) Permits, surveillance, and enforcement system capabilities 
should be designed for supporting court action.
    (2) Detection capabilities and penalties for false reporting should 
be provided for.