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42 U.S.C. § 6943 — Requirements for approval of plans

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6943 — Requirements for approval of plans

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Source file: Laws/federal/codes/united-states-code/title-42/section-6943-requirements-for-approval-of-plans--0f7df40d43.md
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Source location: Title 42, Chapter 82, § 6943; chapter-082-solid-waste-disposal.md

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**(a) Minimum requirements** In order to be approved under [section 6947 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6947&num=0&edition=prelim), each State plan must comply with the following minimum requirements— (1) The plan shall identify (in accordance with [section 6946(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6946/b&num=0&edition=prelim)) (A) the responsibilities of State, local, and regional authorities in the implementation of the State plan, (B) the distribution of Federal funds to the authorities responsible for development and implementation of the State plan, and (C) the means for coordinating regional planning and implementation under the State plan. (2) The plan shall, in accordance with sections 6944(b) and 6945(a) of this title, prohibit the establishment of new open dumps within the State, and contain requirements that all solid waste (including solid waste originating in other States, but not including hazardous waste) shall be (A) utilized for resource recovery or (B) disposed of in sanitary landfills (within the meaning of [section 6944(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6944/a&num=0&edition=prelim)) or otherwise disposed of in an environmentally sound manner. (3) The plan shall provide for the closing or upgrading of all existing open dumps within the State pursuant to the requirements of [section 6945 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6945&num=0&edition=prelim). (4) The plan shall provide for the establishment of such State regulatory powers as may be necessary to implement the plan. (5) The plan shall provide that no State or local government within the State shall be prohibited under State or local law from negotiating and entering into long-term contracts for the supply of solid waste to resource recovery facilities, from entering into long-term contracts for the operation of such facilities, or from securing long-term markets for material and energy recovered from such facilities or for conserving materials or energy by reducing the volume of waste. (6) The plan shall provide for such resource conservation or recovery and for the disposal of solid waste in sanitary landfills or any combination of practices so as may be necessary to use or dispose of such waste in a manner that is environmentally sound. **(b) Discretionary plan provisions relating to recycled oil** Any State plan submitted under this subchapter may include, at the option of the State, provisions to carry out each of the following: (1) Encouragement, to the maximum extent feasible and consistent with the protection of the public health and the environment, of the use of recycled oil in all appropriate areas of State and local government. (2) Encouragement of persons contracting with the State to use recycled oil to the maximum extent feasible, consistent with protection of the public health and the environment. (3) Informing the public of the uses of recycled oil. (4) Establishment and implementation of a program (including any necessary licensing of persons and including the use, where appropriate, of manifests) to assure that used oil is collected, transported, treated, stored, reused, and disposed of, in a manner which does not present a hazard to the public health or the environment. Any plan submitted under this chapter before October 15, 1980, may be amended, at the option of the State, at any time after such date to include any provision referred to in this subsection. **(c) Energy and materials conservation and recovery feasibility planning and assistance** (1) A State which has a plan approved under this subchapter or which has submitted a plan for such approval shall be eligible for assistance under [section 6948(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6948/a/3&num=0&edition=prelim) if the Administrator determines that under such plan the State will— (A) analyze and determine the economic and technical feasibility of facilities and programs to conserve resources which contribute to the waste stream or to recover energy and materials from municipal waste; (B) analyze the legal, institutional, and economic impediments to the development of systems and facilities for conservation of energy or materials which contribute to the waste stream or for the recovery of energy and materials from municipal waste and make recommendations to appropriate governmental authorities for overcoming such impediments; (C) assist municipalities within the State in developing plans, programs, and projects to conserve resources or recover energy and materials from municipal waste; and (D) coordinate the resource conservation and recovery planning under subparagraph (C). (2) The analysis referred to in paragraph (1)(A) shall include— (A) the evaluation of, and establishment of priorities among, market opportunities for industrial and commercial users of all types (including public utilities and industrial parks) to utilize energy and materials recovered from municipal waste; (B) comparisons of the relative costs of energy recovered from municipal waste in relation to the costs of energy derived from fossil fuels and other sources; (C) studies of the transportation and storage problems and other problems associated with the development of energy and materials recovery technology, including curbside source separation; (D) the evaluation and establishment of priorities among ways of conserving energy or materials which contribute to the waste stream; (E) comparison of the relative total costs between conserving resources and disposing of or recovering such waste; and (F) studies of impediments to resource conservation or recovery, including business practices, transportation requirements, or storage difficulties. Such studies and analyses shall also include studies of other sources of solid waste from which energy and materials may be recovered or minimized. **(d) Size of waste-to-energy facilities** Notwithstanding any of the above requirements, it is the intention of this chapter and the planning process developed pursuant to this chapter that in determining the size of the waste-to-energy facility, adequate provision shall be given to the present and reasonably anticipated future needs of the recycling and resource recovery interest within the area encompassed by the planning process.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6948 — Federal assistance

**(a) Authorization of Federal financial assistance** (1) There are authorized to be appropriated $30,000,000 for fiscal year 1978, $40,000,000 for fiscal year 1979, $20,000,000 for fiscal year 1980, $15,000,000 for fiscal year 1981, $20,000,000 for the fiscal year 1982, and $10,000,000 for each of the fiscal years 1985 through 1988 for purposes of financial assistance to States and local, regional, and interstate authorities for the development and implementation of plans approved by the Administrator under this subchapter (other than the provisions of such plans referred to in section 6943(b) 11 See References in Text note below. of this title, relating to feasibility planning for municipal waste energy and materials conservation and recovery). (2) (A) The Administrator is authorized to provide financial assistance to States, counties, municipalities, and intermunicipal agencies and State and local public solid waste management authorities for implementation of programs to provide solid waste management, resource recovery, and resource conservation services and hazardous waste management. Such assistance shall include assistance for facility planning and feasibility studies; expert consultation; surveys and analyses of market needs; marketing of recovered resources; technology assessments; legal expenses; construction feasibility studies; source separation projects; and fiscal or economic investigations or studies; but such assistance shall not include any other element of construction, or any acquisition of land or interest in land, or any subsidy for the price of recovered resources. Agencies assisted under this subsection shall consider existing solid waste management and hazardous waste management services and facilities as well as facilities proposed for con

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6948

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6945 — Upgrading of open dumps

**(a) Closing or upgrading of existing open dumps** Upon promulgation of criteria under [section 6907(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6907/a/3&num=0&edition=prelim), any solid waste management practice or disposal of solid waste or hazardous waste which constitutes the open dumping of solid waste or hazardous waste is prohibited, except in the case of any practice or disposal of solid waste under a timetable or schedule for compliance established under this section. The prohibition contained in the preceding sentence shall be enforceable under [section 6972 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6972&num=0&edition=prelim) against persons engaged in the act of open dumping. For purposes of complying with section 6943(a)(2) and 6943(a)(3) of this title, each State plan shall contain a requirement that all existing disposal facilities or sites for solid waste in such State which are open dumps listed in the inventory under subsection (b) shall comply with such measures as may be promulgated by the Administrator to eliminate health hazards and minimize potential health hazards. Each such plan shall establish, for any entity which demonstrates that it has considered other public or private alternatives for solid waste management to comply with the prohibition on open dumping and is unable to utilize such alternatives to so comply, a timetable or schedule for compliance for such practice or disposal of solid waste which specifies a schedule of remedial measures, including an enforceable sequence of actions or operations, leading to compliance with the prohibition on open dumping of solid waste within a reasonable time (not to exceed 5 years from the date of pub

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6945

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6947 — Approval of State plan; Federal assistance

**(a) Plan approval** The Administrator shall, within six months after a State plan has been submitted for approval, approve or disapprove the plan. The Administrator shall approve a plan if he determines that— (1) it meets the requirements of paragraphs (1), (2), (3), and (5) of [section 6943(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6943/a&num=0&edition=prelim); and (2) it contains provision for revision of such plan, after notice and public hearing, whenever the Administrator, by regulation, determines— (A) that revised regulations respecting minimum requirements have been promulgated under paragraphs (1), (2), (3), and (5) of [section 6943(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6943/a&num=0&edition=prelim) with which the State plan is not in compliance; (B) that information has become available which demonstrates the inadequacy of the plan to effectuate the purposes of this subchapter; or (C) that such revision is otherwise necessary. The Administrator shall review approved plans from time to time and if he determines that revision or corrections are necessary to bring such plan into compliance with the minimum requirements promulgated under [section 6943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6943&num=0&edition=prelim) (including new or revised requirements), he shall, after notice and opportunity for public hearing, withdraw his approval of such plan. Such withdrawal of approval shall cease to be effective upon the Administrator’s determination that such complies with such minimum requirements. **(b) Eligibility of States for Federal financial assistance** (1) The Administrator shall approve a S

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6947

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6946 — Procedure for development and implementation of State plan

**(a) Identification of regions** Within one hundred and eighty days after publication of guidelines under [section 6942(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6942/a&num=0&edition=prelim) (relating to identification of regions), the Governor of each State, after consultation with local elected officials, shall promulgate regulations based on such guidelines identifying the boundaries of each area within the State which, as a result of urban concentrations, geographic conditions, markets, and other factors, is appropriate for carrying out regional solid waste management. Such regulations may be modified from time to time (identifying additional or different regions) pursuant to such guidelines. **(b) Identification of State and local agencies and responsibilities** (1) Within one hundred and eighty days after the Governor promulgates regulations under subsection (a), for purposes of facilitating the development and implementation of a State plan which will meet the minimum requirements of [section 6943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6943&num=0&edition=prelim), the State, together with appropriate elected officials of general purpose units of local government, shall jointly (A) identify an agency to develop the State plan and identify one or more agencies to implement such plan, and (B) identify which solid waste management activities will, under such State plan, be planned for and carried out by the State and which such management activities will, under such State plan, be planned for and carried out by a regional or local authority or a combination of regional or local and State authorities. If a multi-functional regional agency authorized by State law t

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6943 — Requirements for approval of plans

Page 6980 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6943 Federal, State, and local authorities, shall by regulation publish guidelines for the identifica- tion of those areas which have common solid waste management problems and are appro- priate units for planning regional solid waste management services. Such guidelines shall con- sider— (1) the size and location of areas which should be included, (2) the volume of solid waste which should be included, and (3) the available means of coordinating re- gional planning with other related regional planning and for coordination of such regional planning into the State plan. (b) Guidelines for State plans Not later than eighteen months after October 21, 1976, and after notice and hearing, the Ad- ministrator shall, after consultation with appro- priate Federal, State, and local authorities, pro- mulgate regulations containing guidelines to as- sist in the development and implementation of State solid waste management plans (herein- after in this chapter referred to as ‘‘State plans’’). The guidelines shall contain methods for achieving the objectives specified in section 6941 of this title. Such guidelines shall be re- viewed from time to time, but not less fre- quently than every three years, and revised as may be appropriate. (c) Considerations for State plan guidelines The guidelines promulgated under subsection (b) shall consider— (1) the varying regional, geologic, hydro- logic, climatic, and other circumstances under which different solid waste practices are re- quired in order to insure the reasonable pro- tection of the quality of the ground and sur- face waters from leachate contamination, the reasonable protection of the quality of the surface waters from surface runoff contamina- tion, and th

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