[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: 40CFR256.42]

[Page 364]
 
                   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 E--Facility Planning and Implementation
 
Sec. 256.42  Recommendations for assuring facility development.

    (a) The State plan should address facility planning and acquisition 
for all areas which are determined to have insufficient recovery, 
storage, treatment and disposal capacity in the assessment of facility 
needs.
    (b) Where facilities and practices are found to be inadequate, the 
State plan should provide for the necessary facilities and practices to 
be developed by responsible State and substate agencies or by the 
private sector.
    (c) For all areas found to have five or fewer years of capacity 
remaining, the State plan should provide for:
    (1) The development of estimates of waste generation by type and 
characteristic,
    (2) The evaluation and selection of resource recovery, conservation 
or disposal methods,
    (3) Selection of sites for facilities, and
    (4) Development of schedules of implementation.
    (d) The State plan should encourage private sector initiatives in 
order to meet the identified facility needs.
    (e) In any area having fewer than 2 years of projected capacity, the 
State plan should provide for the State to take action such as acquiring 
facilities or causing facilities to be acquired.
    (f) The State plan should provide for the initiation and development 
of environmentally sound facilities as soon as practicable to replace 
all open dumps.
    (g) The State plan should provide for the State, in cooperation with 
substate agencies, to establish procedures for choosing which facilities 
will get priority for technical or financial assistance or other 
emphasis. Highest priority should be given to facilities developed to 
replace or upgrade open dumps.
    (h) The State plan should provide for substate cooperation and 
policies for free and unrestricted movement of solid and hazardous waste 
across State and local boundaries.