42 U.S.C. § 6943 : US Code - Section 6943: Requirements for approval of plans

Search 42 U.S.C. § 6943 : US Code - Section 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 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) 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.
(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 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.