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42 U.S.C. § 6947 — Approval of State plan; Federal assistance
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source file: Laws/federal/codes/united-states-code/title-42/section-6947-approval-of-state-plan-federal-assistance--59fcabc313.md
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Source location: Title 42, Chapter 82, § 6947; chapter-082-solid-waste-disposal.md
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**(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 State application for financial assistance under this subchapter, and make grants to such State, if such State and local and regional authorities within such State have complied with the requirements of [section 6946 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6946&num=0&edition=prelim) within the period required under such section and if such State has a State plan which has been approved by the Administrator under this subchapter.
(2) The Administrator shall approve a State application for financial assistance under this subchapter, and make grants to such State, for fiscal years 1978 and 1979 if the Administrator determines that the State plan continues to be eligible for approval under subsection (a) and is being implemented by the State.
(3) Upon withdrawal of approval of a State plan under subsection (a), the Administrator shall withhold Federal financial and technical assistance under this subchapter (other than such technical assistance as may be necessary to assist in obtaining the reinstatement of approval) until such time as such approval is reinstated.
**(c) Existing activities** Nothing in this subchapter shall be construed to prevent or affect any activities respecting solid waste planning or management which are carried out by State, regional, or local authorities unless such activities are inconsistent with a State plan approved by the Administrator under this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter:
(1) The term “Administrator” means the Administrator of the Environmental Protection Agency.
(2) The term “construction,” with respect to any project of construction under this chapter, means (A) the erection or building of new structures and acquisition of lands or interests therein, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures, and (B) the acquisition and installation of initial equipment of, or required in connection with, new or newly acquired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other motor vehicles, and tractors, cranes, and other machinery) necessary for the proper utilization and operation of the facility after completion of the project; and includes preliminary planning to determine the economic and engineering feasibility and the public health and safety aspects of the project, the engineering, architectural, legal, fiscal, and economic investigations and studies, and any surveys, designs, plans, working drawings, specifications, and other action necessary for the carrying out of the project, and (C) the inspection and supervision of the process of carrying out the project to completion.
(2A) The term “demonstration” means the initial exhibition of a new technology process or practice or a significantly new combination or use of technologies, processes or practices, subsequent to the development stage, for the purpose of proving technological feasibility and cost effectiveness.
(3) The term “disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or haz
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6903
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Federal law — U.S. Code and appendices · legal_authorities
**(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 loca
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6943
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6946
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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
Page 6986
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6947
eral 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 ac-
tivities will, under such State plan, be planned
for and carried out by a regional or local author-
ity or a combination of regional or local and
State authorities. If a multi-functional regional
agency authorized by State law to conduct solid
waste planning and management (the members
of which are appointed by the Governor) is in ex-
istence on October 21, 1976, the Governor shall
identify such authority for purposes of carrying
out within such region clause (A) of this para-
graph. Where feasible, designation of the agency
for the affected area designated under section
1288 of title 33 shall be considered. A State agen-
cy identified under this paragraph shall be es-
tablished or designated by the Governor of such
State. Local or regional agencies identified
under this paragraph shall be composed of indi-
viduals at least a majority of whom are elected
local officials.
(2) If planning and implementation agencies
are not identified and designated or established
as required under paragraph (1) for any affected
area, the governor shall, before the date two
hundred and seventy days after promulgation of
regulations under subsection (a), establish or
designate a State agency to develop and imple-
ment the State plan for such area.
(c) Interstate regions
(1) In the case of any region which, pursuant
to the guidelines published by the Adminis-
trator under section 6942(a) of th
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6947
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