[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: 40CFR256.50]



[Page 369-370]

 

                   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 F_Coordination With Other Programs

 

Sec.  256.50  Requirements.





    Section 4003(1) requires the State solid waste managment plan to 

idenifty means for coordinating regional planning and implementation 

under the State plan. Section 1006 requires the Administrator to 

integrate all provisions of this Act (including approval of State plans) 

with other Acts that grant regulatory authority to the Administrator in 

order to prevent duplication of administrative and enforcement efforts. 

In order to meet these requirements:

    (a) The State solid waste management plan shall be developed in 

coordination with Federal, State, and substate programs for air quality, 

water quality, water supply, waste water treatment, pesticides, ocean 

protection, toxic substances control, noise control, and radiation 

control.

    (b) The State plan shall provide for coordination with programs 

under section 208 of the Clean Water Act, as amended (33 U.S.C. 1288). 

In identifying agencies for solid waste management planning and 

implementation, the State shall review the solid waste management 

activities being conducted by water quality planning and management 

agencies designated under section 208 of the Clean Water Act. Where 

feasible, identification of such agencies should be considered during 

the identification of responsibilities under subpart B of this part. 

Where solid waste management and water quality agencies are separate 

entities, necessary coordination procedures shall be established.

    (c) The State plan shall provide for coordination with the National 

Pollutant Discharge Elimination System (NPDES) established under section 

402 of the Clean Water Act, as amended (33 U.S.C. 1342). The issuance of 

State facility permits and actions taken to



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close or upgrade open dumps shall be timed, where practicable, to 

coordinate closely with the issuance of a new or revised NPDES permit 

for such facility.

    (d) The State plan shall provide for coordination with activities 

for municipal sewage sludge disposal and utilization conducted under the 

authority of section 405 of the Clean Water Act, as amended (33 U.S.C. 

1345), and with the program for construction grants for publicly owned 

treatment works under section 201 of the Clean Water Act, as amended (33 

U.S.C. 1281).

    (e) The State plan shall provide for coordination with State 

pretreatment activities under section 307 of the Clean Water Act, as 

amended (33 U.S.C. 1317).

    (f) The State plan shall provide for coordination with agencies 

conducting assessments of the impact of surface impoundments on 

underground sources of drinking water under the authority of section 

1442(a)(8)(C) of the Safe Drinking Water Act (42 U.S.C. 300j-1).

    (g) The State plan shall provide for coordination with State 

underground injection control programs (40 CFR Parts 122, 123, 124, and 

146) carried out under the authority of the Safe Drinking Water Act (42 

U.S.C. 300f et seq.) and with the designation of sole source aquifers 

under section 1424 of that Act.

    (h) The State plan shall provide for coordination with State 

implementation plans developed under the Clean Air Act (42 U.S.C. 7401 

et seq.; incineration and open burning limitations; and, State 

implementation plan requirements impacting resource recovery systems).

    (i) The State plan shall provide for coordination with the Army 

Corps of Engineers permit program (or authorized State program) under 

section 404 of the Clean Water Act, as amended (33 U.S.C. 1344) for 

dredge and fill activities in waters of the United States.

    (j) The State plan shall provide for coordination with the Office of 

Endangered Species, Department of the Interior, to ensure that solid 

waste management activities, especially the siting of disposal 

facilities, do not jeopardize the continued existence of an endangered 

or threated species nor result in the destruction or adverse 

modification of a critical habitat.

    (k) The State plan shall provide for coordination, where 

practicable, with programs under:

    (1) The Toxic Substances Control Act (15 U.S.C. 2601 et seq.; 

disposal of chemical substances and mixtures).

    (2) The Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 

1362 et seq.; disposal and storage of pesticides and pesticide 

containers).

    (3) The Marine Protection, Research and Sanctuaries Act (33 U.S.C. 

1420 et seq.; disposal in ocean waters).

    (l) The State plan shall provide for coordination, where 

practicable, with programs of other Federal agencies, including:

    (1) Department of the Interior.

    (i) Fish and Wildlife Service (wetlands),

    (ii) Bureau of Mines and Office of Surface Mining (mining waste 

disposal and use of sludge in reclamation),

    (iii) U.S. Geological Survey (wetlands, floodplains, ground water);

    (2) Department of Commerce, National Oceanic and Atmospheric 

Administration (coastal zone management plans);

    (3) Water Resources Council (flood plains, surface and ground 

waters);

    (4) Department of Agriculture, including Soil Conservation Service 

(land spreading solid waste on food chain croplands);

    (5) Federal Aviation Administration (locating disposal facilities on 

or near airport property);

    (6) Department of Housing and Urban Development (701 comprehensive 

planning program, flood plains mapping);

    (7) Department of Defense (development and implementation of State 

and substate plans with regard to resource recovery and solid waste 

disposal programs at various installations);

    (8) Department of Energy (State energy conservation plans under the 

Energy Policy and Conservation Act (42 U.S.C. 6321)); and

    (9) Other programs.

    (m) The State plan shall provide for coordination, where 

practicable, with solid waste management plans in neighboring States and 

with plans for Indian reservations in the State.



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