[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: 40CFR256.42]



[Page 369]

 

                   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 E_Facility Planning and Implementation

 

Sec.  256.42  Recommendations for assuring facility development.



    (a) The State plan should address facility planning and acquisition 

for all areas which are determined to have insufficient recovery, 

storage, treatment and disposal capacity in the assessment of facility 

needs.

    (b) Where facilities and practices are found to be inadequate, the 

State plan should provide for the necessary facilities and practices to 

be developed by responsible State and substate agencies or by the 

private sector.

    (c) For all areas found to have five or fewer years of capacity 

remaining, the State plan should provide for:

    (1) The development of estimates of waste generation by type and 

characteristic,

    (2) The evaluation and selection of resource recovery, conservation 

or disposal methods,

    (3) Selection of sites for facilities, and

    (4) Development of schedules of implementation.

    (d) The State plan should encourage private sector initiatives in 

order to meet the identified facility needs.

    (e) In any area having fewer than 2 years of projected capacity, the 

State plan should provide for the State to take action such as acquiring 

facilities or causing facilities to be acquired.

    (f) The State plan should provide for the initiation and development 

of environmentally sound facilities as soon as practicable to replace 

all open dumps.

    (g) The State plan should provide for the State, in cooperation with 

substate agencies, to establish procedures for choosing which facilities 

will get priority for technical or financial assistance or other 

emphasis. Highest priority should be given to facilities developed to 

replace or upgrade open dumps.

    (h) The State plan should provide for substate cooperation and 

policies for free and unrestricted movement of solid and hazardous waste 

across State and local boundaries.