[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: 40CFR256.21]



[Page 365]

 

                   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.  256.21  Requirements for State regulatory powers.



    In order to comply with section 4003(4), the State plan shall 

provide for the establishment of State regulatory powers. These powers:

    (a) Shall be adequate to enforce solid waste disposal standards 

which are equivalent to or more stringent than the criteria for 

classification of solid waste disposal facilities (40 CFR part 257). 

Such authority shall be as definitive as possible and clearly establish 

the means for compliance.

    (b) Shall include surveillance capabilities necessary to detect 

adverse environmental effects from solid waste disposal facilities. Such 

capabilities shall include access for inspection and monitoring by 

regulatory officials and the authority to establish operator monitoring 

and reporting requirements.

    (c) Shall make use of a permit program which ensures that the 

establishment of new open dumps is prohibited.

    (d) Shall have administrative and judicial enforcement capabilities, 

including enforceable orders, fines or other administrative procedures, 

as necessary to ensure compliance.