
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: 42USC6946]

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

(Pub. L. 89-272, title II, Sec. 4006, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2816; amended Pub. L. 96-482, Sec. 19(b), Oct. 
21, 1980, 94 Stat. 2345.)

                          Codification

    Another section 19(b) of Pub. L. 96-482 amended section 6945 of this 
title.


                               Amendments

    1980--Subsec. (b)(1)(B). Pub. L. 96-482 substituted ``management 
activities'' for ``functions'' in two places.

                          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 sections 6903, 6943, 6944, 6947, 6948 
of this title.
