[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: 40CFR256.23]

[Page 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. 256.23  Requirements for closing or upgrading open dumps.

    In meeting the requirement of section 4003(3) for closing or 
upgrading open dumps:
    (a) The State plan shall provide for the classification of existing 
solid waste disposal facilities according to the criteria. This 
classification shall be submitted to EPA, and facilities classified as 
open dumps shall be published in the inventory of open dumps.
    (b) The State plan shall provide for an orderly time-phasing of the 
disposal facility classifications described in paragraph (a) of this 
section. The determination of priorities for the classification of 
disposal facilities shall be based upon:
    (1) The potential health and environmental impact of the solid waste 
disposal facility;
    (2) The availability of State regulatory and enforcement powers; and
    (3) The availability of Federal and State resources for this 
purpose.
    (c) For each facility classified as an open dump the State shall 
take steps to close or upgrade the facility. Evidence of that action 
shall be incorporated by reference into the annual work program and be 
made publicly available. When the State's actions concerning open dumps 
are modified, the changes shall be referenced in subsequent annual work 
programs.
    (d) In providing for the closure of open dumps the State shall take 
steps necessary to eliminate health hazards and minimize potential 
health hazards. These steps shall include requirements for long-term 
monitoring or contingency plans where necessary.