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 the reasonable protection of ambient air quality; (2) characteristics and conditions of collec- tion, storage, processing, and disposal oper- ating methods, techniques and practices, and location of facilities where such operating methods, techniques, and practices are con- ducted, taking into account the nature of the material to be disposed; (3) methods for closing or upgrading open dumps for purposes of eliminating potential health hazards; (4) population density, distribution, and pro- jected growth; (5) geographic, geologic, climatic, and hydro- logic characteristics; (6) the type and location of transportation; (7) the profile of industries; (8) the constituents and generation rates of waste; (9) the political, economic, organizational, financial, and management problems affecting comprehensive solid waste management; (10) types of resource recovery facilities and resource conservation systems which are ap- propriate; and (11) available new and additional markets for recovered material and energy and energy resources recovered from solid waste as well as methods for conserving such materials and en- ergy. (Pub. L. 89–272, title II, § 4002, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2813; amended Pub. L. 96–482, § 32(c), Oct. 21, 1980, 94 Stat. 2353.) Editorial Notes AMENDMENTS 1980—Subsec. (c)(11). Pub. L. 96–482 required State plan guidelines to consider energy and energy resources recovered from solid waste as well as methods for con- serving such materials and energy. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Ad- ministrator or other official of Environmental Protec- tion Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title. § 6943. Requirements for approval of plans (a) Minimum requirements In order to be approved under section 6947 of this title, each State plan must comply with the following minimum requirements— (1) The plan shall identify (in accordance with section 6946(b) of this title) (A) the re- sponsibilities of State, local, and regional au- thorities 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 sec- tions 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 recov- ery or (B) disposed of in sanitary landfills (within the meaning of section 6944(a) of this title) or otherwise disposed of in an environ- mentally 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 sec- tion 6945 of this title. (4) The plan shall provide for the establish- ment 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 nego- tiating and entering into long-term contracts for the supply of solid waste to resource recov- ery facilities, from entering into long-term contracts for the operation of such facilities, or from securing long-term markets for mate- rial and energy recovered from such facilities or for conserving materials or energy by re- ducing the volume of waste. (6) The plan shall provide for such resource conservation or recovery and for the disposal Page 6981 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6943 of solid waste in sanitary landfills or any com- bination 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 re- cycled oil Any State plan submitted under this sub- chapter 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 max- imum extent feasible, consistent with protec- tion of the public health and the environment. (3) Informing the public of the uses of re- cycled oil. (4) Establishment and implementation of a program (including any necessary licensing of persons and including the use, where appro- priate, 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 in- clude any provision referred to in this sub- section. (c) Energy and materials conservation and re- covery 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 if the Ad- ministrator 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 mate- rials from municipal waste; (B) analyze the legal, institutional, and eco- nomic impediments to the development of sys- tems and facilities for conservation of energy or materials which contribute to the waste stream or for the recovery of energy and mate- rials from municipal waste and make rec- ommendations 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 ma- terials 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 in- dustrial and commercial users of all types (in- cluding public utilities and industrial parks) to utilize energy and materials recovered from municipal waste; (B) comparisons of the relative costs of en- ergy recovered from municipal waste in rela- tion 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 re- covery technology, including curbside source separation; (D) the evaluation and establishment of pri- orities among ways of conserving energy or materials which contribute to the waste stream; (E) comparison of the relative total costs be- tween conserving resources and disposing of or recovering such waste; and (F) studies of impediments to resource con- servation or recovery, including business prac- tices, 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 require- ments, 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 an- ticipated future needs of the recycling and re- source recovery interest within the area encom- passed by the planning process. (Pub. L. 89–272, title II, § 4003, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2814; amended Pub. L. 96–463, § 5(b), Oct. 15, 1980, 94 Stat. 2056; Pub. L. 96–482, §§ 18, 32(d), Oct. 21, 1980, 94 Stat. 2345, 2353; Pub. L. 98–616, title III, § 301(b), title V, § 502(h), Nov. 8, 1984, 98 Stat. 3267, 3277.) Editorial Notes CODIFICATION Another section 5(b) of Pub. L. 96–463 amended sec- tion 6948 of this title. AMENDMENTS 1984—Subsecs. (b), (c). Pub. L. 98–616, § 502(h), redesig- nated the subsec. (b) entitled energy and materials con- servation and recovery feasibility planning and assist- ance, as subsec. (c). Subsec. (d). Pub. L. 98–616, § 301(b), added subsec. (d). 1980—Subsec. (a). Pub. L. 96–463, § 5(b), and Pub. L. 96–482, § 32(d)(2), designated existing provisions as sub- sec. (a). Subsec. (a)(2). Pub. L. 96–482, § 18(a), substituted ref- erence to sections 6944(b) and 6945(a) of this title for reference to section 6945(c) of this title. Subsec. (a)(5). Pub. L. 96–482, §§ 18(b), 32(d)(1), sub- stituted ‘‘State or local government’’ for ‘‘local govern- ment’’ and required State plan recognition of right to enter into long-term contracts for operation of re- source recovery facilities and to secure long-term mar- kets for material and energy recovered from such fa- cilities, and required State plan recognition of right to negotiate long-term contracts and to negotiate and enter into such contracts for conserving materials or energy by reducing the volume of waste. Subsec. (b). Pub. L. 96–463, § 5(b), added subsec. (b) re- lating to discretionary plan provisions for recycled oil. Pub. L. 96–482, § 32(d)(2), added subsec. (b) relating to energy and materials conservation and recovery feasi- bility planning and assistance. Page 6982 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6944 1 See References in Text note below. 1 So in original. Probably should be ‘‘section’’. 2 So in original. Probably should be ‘‘of’’. § 6944. Criteria for sanitary landfills; sanitary landfills required for all disposal (a) Criteria for sanitary landfills Not later than one year after October 21, 1976, after consultation with the States, and after no- tice and public hearings, the Administrator shall promulgate regulations containing criteria for determining which facilities shall be classi- fied as sanitary landfills and which shall be clas- sified as open dumps within the meaning of this chapter. At a minimum, such criteria shall pro- vide that a facility may be classified as a sani- tary landfill and not an open dump only if there is no reasonable probability of adverse effects on health or the environment from disposal of solid waste at such facility. Such regulations may provide for the classification of the types of san- itary landfills. (b) Disposal required to be in sanitary landfills, etc. For purposes of complying with section 6943(2) 1 of this title each State plan shall pro- hibit the establishment of open dumps and con- tain a requirement that disposal of all solid waste within the State shall be in compliance with such section 6943(2) 1 of this title. (c) Effective date The prohibition contained in subsection (b) shall take effect on the date six months after the date of promulgation of regulations under subsection (a). (Pub. L. 89–272, title II, § 4004, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2815; amended Pub. L. 98–616, title III, § 302(b), Nov. 8, 1984, 98 Stat. 3268.) Editorial Notes REFERENCES IN TEXT Section 6943(2) of this title, referred to in subsec. (b), was redesignated section 6943(a)(2) of this title by Pub. L. 96–463, § 5(b), Oct. 15, 1980, 94 Stat. 2056, and Pub. L. 96–482, § 32(d)(2), Oct. 21, 1980, 94 Stat. 2353. AMENDMENTS 1984—Subsec. (c). Pub. L. 98–616 struck out ‘‘or on the date of approval of the State plan, whichever is later’’ at end. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Ad- ministrator or other official of Environmental Protec- tion Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title. § 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, any solid waste manage- ment practice or disposal of solid waste or haz- ardous waste which constitutes the open dump- ing of solid waste or hazardous waste is prohib- ited, except in the case of any practice or dis- posal of solid waste under a timetable or sched- ule for compliance established under this sec- tion. The prohibition contained in the preceding sentence shall be enforceable under section 6972 of this title 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 promul- gated 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 al- ternatives to so comply, a timetable or schedule for compliance for such practice or disposal of solid waste which specifies a schedule of reme- dial measures, including an enforceable se- quence of actions or operations, leading to com- pliance with the prohibition on open dumping of solid waste within a reasonable time (not to ex- ceed 5 years from the date of publication of cri- teria under section 6907(a)(3) of this title). (b) Inventory To assist the States in complying with section 6943(a)(3) of this title, not later than one year after promulgation of regulations under section 6944 of this title, the Administrator, with the co- operation of the Bureau of the Census shall pub- lish an inventory of all disposal facilities or sites in the United States which are open dumps within the meaning of this chapter. (c) Control of hazardous disposal (1)(A) Not later than 36 months after Novem- ber 8, 1984, each State shall adopt and imple- ment a permit program or other system of prior approval and conditions to assure that each solid waste management facility within such State which may receive hazardous household waste or hazardous waste due to the provision of section 6921(d) of this title for small quantity generators (otherwise not subject to the require- ment for a permit under section 6925 of this title) will comply with the applicable criteria promulgated under section 6944(a) and 6907(a)(3) of this title. (B) Not later than eighteen months after the promulgation of revised criteria under sub- section 1 6944(a) of this title (as required by sec- tion 6949a(c) of this title), each State shall adopt and implement a permit program or other sys- tem or 2 prior approval and conditions, to assure that each solid waste management facility with- in such State which may receive hazardous household waste or hazardous waste due to the provision of section 6921(d) of this title for small quantity generators (otherwise not subject to the requirement for a permit under section 6925