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

42 U.S.C. § 6946

Procedure for development and implementation of State plan

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(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), 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), 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).(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, § 4006, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2816; amended Pub. L. 96–482, § 19(b), Oct. 21, 1980, 94 Stat. 2345.)Editorial NotesCodification

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.

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 6 cases, 1988–1996 · leading case: Solano Garbage Co. v. Cheney
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Solano Garbage Co. v. Cheney (1991) caed · cites it 3× “Section 4006, codified at 42 U.S.C. § 6946 , requires the Governor of each state to promulgate regulations based on the guidelines promulgated by the EPA Administrator pursuant to section 4002(a) “Men- *488 tifying the boundaries of each area within the State which .”
Ringbolt Farms Homeowners Ass'n v. Town of Hull (1989) mad “Pursuant to 42 U.S.C. § 6946 , the governor of each state must promulgate regulations based on the federal guidelines for the purpose of developing and implementing a state solid waste plan.”
Town of Pelham v. Browning Ferris Industries of New Hampshire, Inc. (1996) nh “42 U.S.C. § 6946 . RSA chapter 149-M establishes New Hampshire’s plan and designates the division of waste management (DWM), a division of DES, as the responsible agency.”
National Solid Wastes Management Ass'n v. Alabama Department of Environmental Management (1990) alnd “RCRA § 4006(a), 42 U.S.C.A. § 6946 (a) (West Supp.1977). RCRA further requires publication of guidelines to prevent ground and surface water contamination.”
Southeast Arkansas Landfill, Inc. v. Arkansas Ex Rel. Arkansas Department of Pollution Control & Ecology (In Re Southeas (1992) ared “§ 6944 , required the Governor of each state to create regions within each state to implement mandatory regional solid waste management plans, 42 U.S.C. § 6946 , and provided for federal approval of such state plans, 42 U.”
Environmental Defense Fund v. U.S. Environmental Protection Agency (1988) cadc “§§ 4006, 4007, 42 U.S.C. §§ 6946 , 6947. Subtitle C of RCRA, 42 U.”
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