[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR255.11]



[Page 356-357]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 255_IDENTIFICATION OF REGIONS AND AGENCIES FOR SOLID WASTE MANAGEMENT

--Table of Contents

 

         Subpart B_Criteria for Identifying Regions and Agencies

 

Sec.  255.11  Criteria for identifying agencies.



    The following criteria are intended to assist in the process of 

agency selection pursuant to section 4006(b) of the Act. They may also 

be useful in pointing out needed improvements in the qualifications of 

the selected agencies.

    (a) Existing agencies with demonstrated satisfactory ability to 

plan, manage, or operate solid waste management services should be 

considered for planning and implementation responsibilities. Agencies 

which have completed planning that resulted in successful implementation 

of solid waste management facilities or services should be given 

priority consideration for future planning responsibilities when they 

otherwise meet these criteria.

    (b) An agency to be identified as responsible for conducting 

regional solid waste management planning should:

    (1) Be a representative organization composed of, or whose 

membership is composed of, individuals at least a majority of whom are 

elected officials of local governments or their designees having 

jurisdiction in the planning region.

    (2) Have planning jurisdiction in the entire planning region.

    (3) Be capable of having the planning process fully underway within 

1 year after identification.

    (4) Have established procedures for adoption, review, and revision 

of plans and resolution of major issues, including procedures for public 

participation in the planning process.

    (5) Have appropriate experience and skills to perform all of its 

assigned responsibilities, including expertise for the particular waste 

type, processing or disposal technology, and functional area. (Attention 

is directed to OMB Circular No. A-95, paragraph 1.e., part IV of 

Attachment A which encourages the designation of established substate 

district comprehensive planning agencies as the agencies to carry out 

areawide planning assisted or required under any Federal program).

    (c) In identifying agencies for solid waste management planning and 

implementation under section 4006 of the Act, the State should review 

the solid waste activities being conducted by water quality management 

planning agencies designated under section 208 of the Federal Water 

Pollution Control Act. Where feasible, identification of such agencies 

should be considered in the joint identification processes of subpart C 

of this part. There should be a formal means of coordination established 

with the State water quality management agencies.

    (d) Planning objectives will influence agency selection. 

Distinctions may be made between policy planning and facility planning 

and between planning a single solid waste management system and 

comprehensive planning which addresses trade-offs among various media.

    (e) For coordinating planning and implementation under the State 

plan, as



[[Page 357]]



required in section 4003(1)(c), consideration should be given to 

identifying one agency for both functions. Where separate planning and 

implementation agencies are selected, there should be some means to 

ensure implementation, such as State legislation or an interagency 

agreement that all constituent jurisdictions will abide by the plan. 

Furthermore, strong coordination should be established between the 

planning agency and the implementing agency. During the planning period, 

the implementation agency should have continual access to plan 

development processes. There should be an administrative procedure to 

resolve conflicts between planners and implementers.

    (f) The agency responsible for carrying out the regional plan should 

be constituted with authority to implement the plan in its constituent 

jurisdictions.

    (g) The need for a reliable volume of waste to supply disposal or 

recovery facilities should be addressed. The Agency providing such 

facilities whose member jurisdictions could choose whether or not to 

utilize the facility should analyze that need and consider methods such 

as franchising or public utility controls to assure an adequate supply.