42 U.S.C. § 6946 : US Code - Section 6946: Procedure for development and implementation of State plan

Search 42 U.S.C. § 6946 : US Code - Section 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 (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) of this section, for
purposes of facilitating the development and implementation of a
State plan which will meet the minimum requirements of section 6943
of this title, 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 to conduct
solid waste planning and management (the members of which are
appointed by the Governor) is in existence on October 21, 1976, the
Governor shall identify such authority for purposes of carrying out
within such region clause (A) of this paragraph. Where feasible,
designation of the agency for the affected area designated under
section 1288 of title 33 shall be considered. A State agency
identified under this paragraph shall be established or designated
by the Governor of such State. Local or regional agencies
identified under this paragraph shall be composed of individuals 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) of this section, establish or designate a State agency to
develop and implement the State plan for such area.
(c) Interstate regions
(1) In the case of any region which, pursuant to the guidelines
published by the Administrator under section 6942(a) of this title
(relating to identification of regions), would be located in two or
more States, the Governors of the respective States, after
consultation with local elected officials, shall consult,
cooperate, and enter into agreements identifying the boundaries of
such region pursuant to subsection (a) of this section.
(2) Within one hundred and eighty days after an interstate region
is identified by agreement under paragraph (1), appropriate elected
officials of general purpose units of local government within such
region shall jointly establish or designate an agency to develop a
plan for such region. If no such agency is established or
designated within such period by such officials, the Governors of
the respective States may, by agreement, establish or designate for
such purpose a single representative organization including elected
officials of general purpose units of local government within such
region.
(3) Implementation of interstate regional solid waste management
plans shall be conducted by units of local government for any
portion of a region within their jurisdiction, or by
multijurisdictional agencies or authorities designated in
accordance with State law, including those designated by agreement
by such units of local government for such purpose. If no such
unit, agency, or authority is so designated, the respective
Governors shall designate or establish a single interstate agency
to implement such plan.
(4) For purposes of this subchapter, so much of an interstate
regional plan as is carried out within a particular State shall be
deemed part of the State plan for such State.