40 CFR § 256.42

40 CFR · Protection of Environment

§ 256.42 — Recommendations for assuring facility development.

40 CFR § 256.42

TitleTitle 40: Protection of Environment PartPart 256: Guidelines for Development and Implementation of State Solid Waste Management Plans

SourceeCFR (current through Apr 10, 2026)

This text of 40 C.F.R. § 256.42 (Recommendations for assuring facility development.) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

40 C.F.R. § 256.42 (2026).

Text

§ 256.42 Recommendations for assuring facility development.

(a)The State plan should address facility planning and acquisition for all areas which are determined to have insufficient recovery, storage, treatment and disposal capacity in the assessment of facility needs.

(b)Where facilities and practices are found to be inadequate, the State plan should provide for the necessary facilities and practices to be developed by responsible State and substate agencies or by the private sector.

(c)For all areas found to have five or fewer years of capacity remaining, the State plan should provide for:

(1)The development of estimates of waste generation by type and characteristic,

(2)The evaluation and selection of resource recovery, conservation or disposal methods,

(3)Selection of sites

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§ 256.42 Recommendations for assuring facility development.

(a) The State plan should address facility planning and acquisition for all areas which are determined to have insufficient recovery, storage, treatment and disposal capacity in the assessment of facility needs.

(b) Where facilities and practices are found to be inadequate, the State plan should provide for the necessary facilities and practices to be developed by responsible State and substate agencies or by the private sector.

(c) For all areas found to have five or fewer years of capacity remaining, the State plan should provide for:

(1) The development of estimates of waste generation by type and characteristic,

(2) The evaluation and selection of resource recovery, conservation or disposal methods,

(3) Selection of sites for facilities, and

(4) Development of schedules of implementation.

(d) The State plan should encourage private sector initiatives in order to meet the identified facility needs.

(e) In any area having fewer than 2 years of projected capacity, the State plan should provide for the State to take action such as acquiring facilities or causing facilities to be acquired.

(f) The State plan should provide for the initiation and development of environmentally sound facilities as soon as practicable to replace all open dumps.

(g) The State plan should provide for the State, in cooperation with substate agencies, to establish procedures for choosing which facilities will get priority for technical or financial assistance or other emphasis. Highest priority should be given to facilities developed to replace or upgrade open dumps.

(h) The State plan should provide for substate cooperation and policies for free and unrestricted movement of solid and hazardous waste across State and local boundaries.