Subpart A-Purpose, General $256.01 Purpose and scope of the (a) The purpose of these guidelines is to assist in the development and implementation of State solid waste management plans, in accordance with section 4002(b) of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6942(b)) (the "Act"). These guidelines contain methods for achieving the objectives of environmentally sound management and disposal of solid and hazardous waste, resource conservation, and maximum utilization of valuable resources. (b) These guidelines address the minimum requirements for approval of State plans as set forth in section 4003 of the Act. These are: (1) The plan shall identify, in accordance with section 4006(b), (i) the responsibilities of State, local, and regional authorities in the implementation of the State plan, (ii) the distribution of Federal funds to the authorities responsible for development and implementation of the State plan, and (iii) the means for coordinating regional planning and implementation under the State plan. (2) The plan shall, in accordance with section 4005(c), 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 inJcluding hazardous waste) shall be (i) utilized for resource recovery or (ii) disposed of in sanitary landfills (within the meaning of section 4004(a)) or otherwise disposed of in an environmentally sound manner. (3) The plan shall provide for the Eclosing or upgrading of all existing open dumps within the State pursuant to the requirements of section 4005. (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 local government within the State shall be prohibited under State or local law from entering into long-term con tracts for the supply of solid waste to resource recovery facilities. (6) The plan shall provide for resource conservation or recovery and for the disposal of solid waste in sanitary landfills or for any combination of practices so as may be necessary to use or dispose of such waste in a manner that is environmentally sound. (c) These guidelines address the requirement of section 4005(c) that a State 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 of 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 five years from the date of publication of the inventory). § 256.02 Scope of the State solid waste management plan. (a)(1) The State plan shall address all solid waste in the State that poses potential adverse effects on health or the environment or provides opportunity for resource conservation or resource recovery. The plan shall consider: (i) Hazardous wastes; (ii) Residential, commercial and institutional solid waste; (iii) Wastewater treatment sludge; (vii) Agricultural wastes; (viii) Water treatment sludge; and (ix) Septic tank pumpings. (2) The State plan shall consider the following aspects of solid waste management: (i) Resource conservation; (ii) Source separation; (iii) Collection; (iv) Transportation; (v) Storage; (vi) Transfer; (vii) Processing (including resource recovery); (viii) Treatment; and (ix) Disposal. (b) The State Plan shall establish and justify priorities and timing for ac tions. These priorities shall be based on the current level of solid waste management planning and implementation within the State, the extent of the solid waste management problem, the health, environmental and economic impacts of the problem, and the resources and management approaches available. (c) The State plan shall set forth an orderly and manageable process for achieving the objectives of the Act and meeting the requirements of these quidelines. This process shall describe as specifically as possible the activities to be undertaken, including detailed schedules and milestones. (d) The State plan shall cover a minimum of a five year time period from the date submitted to EPA for approval. (e) The State plan shall identify existing State legal authority for solid waste management and shall identify modifications to regulations necessary to meet the requirements of these guidelines. § 256.03 State plan submission, adoption, and revision. vised and readopted not less frequently than every three years. (f) States which are developing a complete State plan may submit the portion of the plan designed to satisfy the requirements of §256.26 prior to submission of the complete plan. (a) To be considered for approval, the State plan shall be submitted to EPA within a reasonable time after final promulgation of these guidelines. (b) Prior to submission to EPA, the plan shall be adopted by the State pursuant to State administrative procedures. [44 FR 45079, July 31, 1979, as amended at 46 FR 47051, Sept. 23, 1981] appro for tern ce and f ontained Articles & State of the pla ant to hedules ith the § 256.04 State plan approval, financial Administ assistance. (c) The plan shall be developed in accord with public participation procedures required by Subpart G of this part. on of t The po The St ity to schedul (a) The Administrator shall, within six months after a State plan has been submitted for approval, approve or dis-quirem approve the plan. The Administrator shall approve a plan if he determines that: (1) It meets the requirements of these guidelines which address sections 4003(1), (2), (3), and (5), and (2) It contains provisions for revision pursuant to § 256.03. The ren ped ines a reasona tring pa trator able (b) The Administrator shall review approved plans from time to time, and if he determines that revisions or corrections are necessary to bring such plan into compliance with all of the requirements of these guidelines, including the requirements which address sections 4003(4) and (6) and any new or revised requirement established by amendment to this part, he shall notify the State and provide an opportunity for such revisions and corrections and for an appeal and public hearing. If the plan continues to remain out of compliance, he shall withdraw his approval of such plan. (d) The plan shall contain procedures for revision. The State plan shall be revised by the State, after notice and public hearings, when the Administrator, by regulation, or the State determines, that: (1) The State plan is not in compliance with the requirements of these guidelines; (2) Information has become available which demonstrates the inadequacy of the plan; or (3) Such revision is otherwise nec essary. (e) The State plan shall be reviewed by the State and, where necessary, re time as approval is reinstated. (Procedures for termination of financial assistance and for settlement of disputes are contained in 40 CFR part 30, appendix A, articles 7 and 8.) (f) If a State submits to EPA the portion of the plan by which entities may, pursuant to §256.26, obtain timetables or schedules of compliance for complying with the open dumping prohibition, the Administrator shall approve such portion of the plan if he determines that: (1) The portion submitted satisfies the requirements of § 256.26; (2) The State has the general legal authority to issue and enforce compliance schedules; and (3) The remainder of the plan is being developed in conformity with these guidelines and will be completed within a reasonable period of time. In giving partial plan approval, the Administrator shall specify in writing the timetable for completion of the final plan as required in paragraph (f)(3) of this section. [44 FR 45079, July 31, 1979, as amended at 46 FR 47051, Sept. 23, 1981] cluded by reference in the annual work program: (1) Substate solid waste management plans, (2) Plans for the development of facilities and services, including hazardous waste management facilities and services, and (3) Evidence of actions or steps taken to close or upgrade open dumps. (e) The annual work program shall allocate the distribution of Federal funds to agencies responsible for the development and implementation of the State plan. §256.06 Definitions. Terms not defined below have the meanings assigned them by section 1004 of the Act. The Act means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.). Criteria means the "Criteria for Classification of Solid Waste Disposal Facilities", 40 CFR Part 257, promulgated under section 4004(a) of the Act. Facility refers to any resource recovery system or component thereof, any system, program or facility for resource conservation, and any facility for collection, source separation, storage, transportation, transfer, processing, treatment or disposal of solid waste, including hazardous waste, whether such facility is associated with facilities generating such wastes or not. Implementation means putting the plan into practice by carrying out planned activities, including compliance and enforcement activities, or ensuring such activities are carried out. Inactive facility means a facility which no longer receives solid waste. Inventory of open dumps means the inventory required under section 4005(b) and is defined as the list published by EPA of those disposal facilities which do not meet the criteria. Operator includes facility owners and operators. A permit is an entitlement to commence and continue operation of a facility as long as both procedural and performance standards are met. The term "permit" includes any functional Subpart B-Identification of ReDistribution of sponsibilities; § 256.10 Requirements. (a) In accordance with sections 4003(1) and 4006 and the interim guidelines for identification of regions and agencies for solid waste management (40 CFR part 255), the State plan shall provide for: (1) The identification of the responsibilities of State and substate (regional, local and interstate) authorities in the development and implementation of the State plan; (2) The means of distribution of Federal funds to the authorities responsible for development and implementation of the State plan; and (3) The means for coordinating substate planning and implementation. (b) Responsibilities shall be identified for the classification of disposal facilities for the inventory of open dumps. (c) Responsibilities shall be identified for development and implementation of the State regulatory program described in subpart C of this part. (e) The State plan should include a schedule and procedure for the continu-a ing review, reassessment and reassign-s ment of responsibilities. Subpart C-Solid Waste Disposal § 256.20 Requirements for State legal pen In order to comply with sections 4003 (2) and (3), the State plan shall assure that the State has adequate legal authority to prohibit the establishment of new open dumps and to close or upgrade existing open dumps. The prohibition of the establishment of new open dumps shall take effect no later than six months after the date of promulgation of the criteria or on the date of ap proval of the State plan, whichever is (d) Responsibilities shall be identified for the development and implementation of the State resource conservation and resource recovery pro- later. § 256.21 Requirements for State regulatory powers. In order to comply with section 4003(4), the State plan shall provide for the establishment of State regulatory Epowers. These powers: (a) Shall be adequate to enforce solid waste disposal standards which are equivalent to or more stringent than the criteria for classification of solid waste disposal facilities (40 CFR part =257). Such authority shall be as definitive as possible and clearly establish the means for compliance. (b) Shall include surveillance capabilities necessary to detect adverse environmental effects from solid waste disposal facilities. Such capabilities shall include access for inspection and monitoring by regulatory officials and the authority to establish operator monitoring and reporting requirements. (c) Shall make use of a permit pro- $256.22 Recommendations as nec for State In order to assist compliance with section 4003(4), the following are recommendations for State regulatory powers as may be necessary to prohibit new open dumps and close or upgrade all existing open dumps. (a) Solid waste disposal standards: (1) Should be based on the health and environmental impacts of disposal facilities. (2) Should specify design and operational standards. (3) Should take into account the climatic, geologic, and other relevant characteristics of the State. (b) Surveillance systems should establish monitoring requirements for facilities. (1) Every facility should be evaluated for potential adverse health and environmental effects. Based on this evaluation, instrumentation, sampling, monitoring, and inspection requirements should be established. (2) Every facility which produces leachate in quantities and concentrations that could contaminate ground water in an aquifer should be required to monitor to detect and predict contamination. (3) Inspectors should be trained and provided detailed instructions for checking on the procedures and conditions that are specified in the engineering plan and site permit. Provisions should be made to ensure chain of custody for evidence. (c) Facility assessment and prescription of remedial measures should be carried out by adequately trained or experienced professional staff, including engineers and geologists. (d) The State permit system should provide the administrative control to prohibit the establishment of new open dumps and to assist in meeting the requirement that all wastes be used or disposed in an environmentally sound manner. (1) Permitting procedures for new facilities should require applicants to demonstrate that the facility will comply with the criteria. (2) The permit system should specify, for the facility operator, the location, design, construction, operational, monitoring, reporting, completion maintenance requirements. and (3) Permit procedures should include provisions to ensure that future use of the property on which the facility is located is compatible with that property's use as a solid waste disposal facility. These procedures should include identification of future land use or the inclusion of a stipulation in the property deed which notifies future purchasers of precautions necessitated by the use of the property as a solid waste disposal facility. (4) Permits should only be issued to facilities that are consistent with the State plan, or with substate plans developed under the State plan. (e) The enforcement system should be designed to include both administrative procedures and judicial remedies to enforce the compliance schedules and closure procedures for open dumps. (1) Permits, surveillance, and enforcement system capabilities should be designed for supporting court action. |