[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: 40CFR255.23]



[Page 358]

 

                   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 C_Procedures for Identifying Regions and Agencies

 

Sec.  255.23  Joint identification of agencies.



    (a) The Governor should designate a lead agency to manage the 

identification process. That agency should review established 

notification procedures to determine that at least all general purpose 

local governments within the State, all units of regional governance, 

all existing solid waste and water quality management planning agencies, 

and all areawide agencies and the state process under Executive Order 

12372 will be notified. If necessary, a supplemental distribution list 

should be prepared. Consideration should be given to addressing 

individual offices within those agencies.

    (b) The Governor should, by correspondence or State notification 

procedures, notify the agencies on the distribution list (paragraph (a) 

of this section) of the purpose and schedule of the joint identification 

process. This may be coincident with the notification in Sec.  255.20.

    (c) The Governor, an appropriate legislative committee, and 

appropriate local elected officials may submit nominations of agencies 

and functions to the lead agency appointed by the Governor. This lead 

agency should make such nominations public.

    (d) Chief executives of agencies on the distribution list may 

comment by letter on the nominations.

    (e) If a disagreement exists which cannot be settled by 

correspondence or a meeting with the Governor's representative, a public 

hearing should be held and all elected officials of local general 

purpose governments within the region should be invited. The purpose of 

this meeting will be for the local officials to reach a consensus 

regarding the agency(ies) to be formally identified.

    (f) When a consensus is reached among local elected officials a 

formal agreement should be made in conformance with State administrative 

procedures. It should be binding until revised in accordance with this 

subpart.

    (g) When the local consensus is in agreement with the State opinion, 

the State should confirm that agreed arrangement, formally establishing 

the duties and responsibilities of the identified agencies by 

legislative resolution or executive order.

    (h) In the event that a consensus cannot be reached before 270 days 

after promulgation of regulations pursuant to Sec.  255.22 the Governor 

should designate a State agency to develop and implement the plan for 

the concerned region.



[42 FR 24927, May 16, 1977, as amended at 48 FR 29303, June 24, 1983]