[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: 40CFR256.22]



[Page 365-366]

 

                   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.  256.22  Recommendations for State regulatory powers.



    In order to assist compliance with section 4003(4), the following 

are recommendations for State regulatory powers as may be necessary to 

prohibit new open dumps and close or upgrade all existing open dumps.

    (a) Solid waste disposal standards:

    (1) Should be based on the health and environmental impacts of 

disposal facilities.

    (2) Should specify design and operational standards.

    (3) Should take into account the climatic, geologic, and other 

relevant characteristics of the State.

    (b) Surveillance systems should establish monitoring requirements 

for facilities.

    (1) Every facility should be evaluated for potential adverse health 

and environmental effects. Based on this evaluation, instrumentation, 

sampling, monitoring, and inspection requirements should be established.

    (2) Every facility which produces leachate in quantities and 

concentrations that could contaminate ground water in an aquifer should 

be required to monitor to detect and predict contamination.

    (3) Inspectors should be trained and provided detailed instructions 

for checking on the procedures and conditions that are specified in the 

engineering plan and site permit. Provisions should be made to ensure 

chain of custody for evidence.

    (c) Facility assessment and prescription of remedial measures should 

be carried out by adequately trained or experienced professional staff, 

including engineers and geologists.

    (d) The State permit system should provide the administrative 

control to prohibit the establishment of new open dumps and to assist in 

meeting the requirement that all wastes be used or disposed in an 

environmentally sound manner.

    (1) Permitting procedures for new facilities should require 

applicants to demonstrate that the facility will comply with the 

criteria.

    (2) The permit system should specify, for the facility operator, the 

location,



[[Page 366]]



design, construction, operational, monitoring, reporting, completion and 

maintenance requirements.

    (3) Permit procedures should include provisions to ensure that 

future use of the property on which the facility is located is 

compatible with that property's use as a solid waste disposal facility. 

These procedures should include identification of future land use or the 

inclusion of a stipulation in the property deed which notifies future 

purchasers of precautions necessitated by the use of the property as a 

solid waste disposal facility.

    (4) Permits should only be issued to facilities that are consistent 

with the State plan, or with substate plans developed under the State 

plan.

    (e) The enforcement system should be designed to include both 

administrative procedures and judicial remedies to enforce the 

compliance schedules and closure procedures for open dumps.

    (1) Permits, surveillance, and enforcement system capabilities 

should be designed for supporting court action.

    (2) Detection capabilities and penalties for false reporting should 

be provided for.