40 C.F.R. § 256.60

Requirements for public participation in State and substate plans

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) State and substate planning agencies shall:

(1) Maintain a current list of agencies, organizations, and individuals affected by or interested in the plan, which shall include any parties that request to be on the list, the owner or operator of each facility classified as an open dump and any other parties which the State determines to be affected by or interested in the plan;

(2) Provide depositories of relevant information in one or more convenient locations; and

(3) Prepare a responsiveness summary, in accord with 40 CFR 25.8, where required by this subpart or by an approved public participation work plan, which describes matters on which the public was consulted, summarizes the public's views, and sets forth the agency's response to the public input.

(b) State and substate planning agencies shall provide information and consult with the public on plan development and implementation. Provision of information and consultation shall occur both early in the planning process (including the preparation and distribution of a summary of the proposed plan) and on major policy decisions made during the course of plan development, revision and implementation. To meet this requirement, planning agencies shall:

(1) Publicize information in news media having broad audiences in the geographic area;

(2) Place information in depositories maintained under paragraph (a)(2) of this section;

(3) Send information directly to agencies, organizations and individuals on the list maintained under paragraph (a)(1) of this section; and

(4) Prepare and make available to the public a responsiveness summary in accord with 40 CFR 25.8.

(c) State and substate planning agencies shall conduct public hearings (and public meetings, where the agency determines there is sufficient interest) in accord with 40 CFR 25.5 and 25.6. The purpose of the hearings and meetings is to solicit reactions and recommendations from interested or affected parties and to explain major issues within the proposed plan. Following the public hearings, a responsiveness summary shall be prepared and made available to the public in accord with 40 CFR 25.8.

[44 FR 45079, July 31, 1979, as amended at 46 FR 47051, Sept. 23, 1981]

Notes of Decisions

Cited in 2 cases, 1990–1993 · leading case: Stewart v. Rood, 796 P.2d 321 (Okla. 1990).

Sort: Relevance Newest Treatment

Stewart v. Rood, 796 P.2d 321 (Okla. 1990). “18 40 C.F.R. §§ 256.60 et seq. (1989) sets forth both requirements and recommendations for public participation in regard to both state and substate activities involved with the management of solid waste disposal facilities.”

Sierra Club v. U.S. Env't Prot. Agency, 992 F.2d 337 (D.C. Cir. 1993). · cites it 2× “45,066, 45,079 (1979) (codified as amended at 40 C.F.R. § 256.60 -.65). 5 These Subtitle D-specific guidelines are supplemented by more general ones dealing with all RCRA and CWA programs.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.