
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6942]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
           SUBCHAPTER IV--STATE OR REGIONAL SOLID WASTE PLANS
 
Sec. 6942. Federal guidelines for plans


(a) Guidelines for identification of regions

    For purposes of encouraging and facilitating the development of 
regional planning for solid waste management, the Administrator, within 
one hundred and eighty days after October 21, 1976, and after 
consultation with appropriate Federal, State, and local authorities, 
shall by regulation publish guidelines for the identification of those 
areas which have common solid waste management problems and are 
appropriate units for planning regional solid waste management services. 
Such guidelines shall consider--
        (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 regional 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 Administrator shall, after consultation with 
appropriate Federal, State, and local authorities, promulgate 
regulations containing guidelines to assist in the development and 
implementation of State solid waste management plans (hereinafter 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 reviewed from time to time, but 
not less frequently than every three years, and revised as may be 
appropriate.

(c) Considerations for State plan guidelines

    The guidelines promulgated under subsection (b) of this section 
shall consider--
        (1) the varying regional, geologic, hydrologic, climatic, and 
    other circumstances under which different solid waste practices are 
    required in order to insure the reasonable protection of the quality 
    of the ground and surface waters from leachate contamination, the 
    reasonable protection of the quality of the surface waters from 
    surface runoff contamination, and the reasonable protection of 
    ambient air quality;
        (2) characteristics and conditions of collection, storage, 
    processing, and disposal operating methods, techniques and 
    practices, and location of facilities where such operating methods, 
    techniques, and practices are conducted, 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 projected growth;
        (5) geographic, geologic, climatic, and hydrologic 
    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 appropriate; 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 energy.

(Pub. L. 89-272, title II, Sec. 4002, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2813; amended Pub. L. 96-482, Sec. 32(c), Oct. 
21, 1980, 94 Stat. 2353.)


                               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 conserving such materials and energy.

                          Transfer of Functions

    For transfer of certain enforcement functions of Administrator or 
other official of Environmental Protection 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, see note set out under section 6903 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 6946 of this title.
