
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6943]

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

(Pub. L. 89-272, title II, Sec. 4003, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2814; amended Pub. L. 96-463, Sec. 5(b), Oct. 
15, 1980, 94 Stat. 2056; Pub. L. 96-482, Secs. 18, 32(d), Oct. 21, 1980, 
94 Stat. 2345, 2353; Pub. L. 98-616, title III, Sec. 301(b), title V, 
Sec. 502(h), Nov. 8, 1984, 98 Stat. 3267, 3277.)

                          Codification

    Another section 5(b) of Pub. L. 96-463 amended section 6948 of this 
title.


                               Amendments

    1984--Subsecs. (b), (c). Pub. L. 98-616, Sec. 502(h), redesignated 
the subsec. (b) entitled energy and materials conservation and recovery 
feasibility planning and assistance, as subsec. (c).
    Subsec. (d). Pub. L. 98-616, Sec. 301(b), added subsec. (d).
    1980--Subsec. (a). Pub. L. 96-463, Sec. 5(b), and Pub. L. 96-482, 
Sec. 32(d)(2), designated existing provisions as subsec. (a).
    Subsec. (a)(2). Pub. L. 96-482, Sec. 18(a), substituted reference 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, Secs. 18(b), 32(d)(1), substituted 
``State or local government'' for ``local government'' and required 
State plan recognition of right to enter into long-term contracts for 
operation of resource recovery facilities and to secure long-term 
markets for material and energy recovered from such facilities, 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, Sec. 5(b), added subsec. (b) relating 
to discretionary plan provisions for recycled oil.
    Pub. L. 96-482, Sec. 32(d)(2), added subsec. (b) relating to energy 
and materials conservation and recovery feasibility planning and 
assistance.

                  Section Referred to in Other Sections

    This section is referred to in sections 6944, 6945, 6946, 6947, 6948 
of this title.
