U.S. Code » Title 42 » Chapter CHAPTER 82— SOLID WASTE DISPOSAL › Subchapter SUBCHAPTER IV— STATE OR REGIONAL SOLID WASTE PLANS

42 U.S.C. § 6942

Federal guidelines for plans

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(a) Guidelines for identification of regionsFor 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 guidelinesThe guidelines promulgated under subsection (b) 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, § 4002, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2813; amended Pub. L. 96–482, § 32(c), Oct. 21, 1980, 94 Stat. 2353.)Editorial NotesAmendments

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.

Executive DocumentsTransfer 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, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.

Notes of Decisions
Cited in 18 cases, 1979–2020 · leading case: Env't Integrity Proj. v. McCarthy, 319 F.R.D. 8 (D.C. Cir. 2016).
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Env't Integrity Proj. v. McCarthy, 319 F.R.D. 8 (D.C. Cir. 2016). · cites it 2× “256; see also 42 U.S.C. § 6942 (a). Plaintiffs believe that these regulations have failed to keep pace with recent developments in the oil and gas industry, like the advent of hydraulic fracking.”
Resource Investments, Inc. v. United States, 85 Fed. Cl. 447 (Fed. Cl. 2009). “42 U.S.C. § 6942 (a). This authority covers all solid waste landfills, even if they are located on wetlands.”
Solano Garbage Co. v. Cheney, 779 F. Supp. 477 (E.D. Cal. 1991). · cites it 4× “” See 42 U.S.C. § 6942 (a); 40 C.F.R. § 255.1 .”
Walling v. Appel Serv. Co., Inc., 641 N.E.2d 647 (Ind. Ct. App. 1994). “See 42 U.S.C. §§ 6942 , 6947. Indiana's solid waste management plan must comply with minimum requirements established under RCRA.”
Grassroots Recycling Network, Inc. v. United States Env't Prot. Agency, 429 F.3d 1109 (D.C. Cir. 2005). “The RCRA contemplates each State will develop a “solid waste management plan[],” subject to the approval of the EPA, 42 U.S.C. §§ 6942 (b), 6947(a)-(b), which approval will not be forthcoming unless the plan provides for closing all “open dumps,” id.”
R.R. Comm'n of Texas v. Waste Mgmt. of Texas, Inc., 880 S.W.2d 835 (Tex. App. 1994). “02 (a)(2) (1993); 42 U.S.C. § 6942 (b) (1988). In particular, the bill analysis of the House Committee on Natural Resources supports this conclusion, indicating that the purpose of adding the term “management” and defining it to include transportation was merely to “standardize…”
Waste Mgmt. Holdings, Inc. v. Gilmore, 252 F.3d 316 (4th Cir. 2001). · cites it 2× “" 42 U.S.C. § 6942 (c). According to the Defendants, by encouraging states to account for these factors in creating MSW plans, Congress "explicitly gave states the authority to protect local interests when it comes to MSW management, including the authority to limit or exclude…”
In Re Sullivan Cnty. Reg'l Refuse Disposal Dist., 165 B.R. 60 (Bankr. D.N.H. 1994). “159 (1992) and New Hampshire passed the Solid Waste Management Act, N.H.Rev.Stat.Ann. § 149-M (1991 & Supp.”
United States Brewers Ass'n, Inc. v. Env't Prot. Agency, 600 F.2d 974 (D.C. Cir. 1979). “§ 6964 , and added a new section 4002, 42 U.S.C. § 6942 , which requires federal guidelines to assist in the development and implementation of state solid waste management plans.”
Ringbolt Farms Homeowners Ass'n v. Town of Hull, 714 F. Supp. 1246 (D. Mass. 1989). “42 U.S.C. § 6942 (b). Pursuant to 42 U.S.”
Associated Indem. Corp. v. Dow Chem. Co., 248 F. Supp. 2d 629 (E.D. Mich. 2003). “, 42 U.S.C. § 6942 . Thus, Dow Chemical was required to start remedial measures to in order to comply with such statutory enactments.”
California v. M & P INVESTMENTS, 308 F. Supp. 2d 1137 (E.D. Cal. 2003). “(“Guild”) pursuant to section 7002(a)(1)(A) of the Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. § 6942 (a)(1)(A). *1139 Guild opposes the motion.”
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