[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: 40CFR256.23]



[Page 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.  256.23  Requirements for closing or upgrading open dumps.



    In meeting the requirement of section 4003(3) for closing or 

upgrading open dumps:

    (a) The State plan shall provide for the classification of existing 

solid waste disposal facilities according to the criteria. This 

classification shall be submitted to EPA, and facilities classified as 

open dumps shall be published in the inventory of open dumps.

    (b) The State plan shall provide for an orderly time-phasing of the 

disposal facility classifications described in paragraph (a) of this 

section. The determination of priorities for the classification of 

disposal facilities shall be based upon:

    (1) The potential health and environmental impact of the solid waste 

disposal facility;

    (2) The availability of State regulatory and enforcement powers; and

    (3) The availability of Federal and State resources for this 

purpose.

    (c) For each facility classified as an open dump the State shall 

take steps to close or upgrade the facility. Evidence of that action 

shall be incorporated by reference into the annual work program and be 

made publicly available. When the State's actions concerning open dumps 

are modified, the changes shall be referenced in subsequent annual work 

programs.

    (d) In providing for the closure of open dumps the State shall take 

steps necessary to eliminate health hazards and minimize potential 

health hazards. These steps shall include requirements for long-term 

monitoring or contingency plans where necessary.