259 



tlon 4007, each State plan must comply with the 



following minimum requirements — 



"(1) The plan shall identify (in accordance 

 with section 4006(b) ) (A) the responsibilities of 

 State, local, and regional authorities in the im- 

 plementation of the State plan, (B) the dis- 

 tribution of Federal funds to the authorities re- 

 sponsible for development and implementation 

 of the State plan, and (C) the means for co- 

 ordinating regional planning and implementa- 

 tion under the State plan. 



"(2) The plan shall, in accordance with sec- 

 tion 4005(c), prohibit the establishment of new 

 open dumps within the State, and contain re- 

 quirements that all solid waste (including solid 

 waste originating in other States, but not includ- 

 ing hazardous waste) shall be (A) utilized for 

 resource recovery or (B) disposed of in sanitary 

 landfills (within the meaninng of section 4004 

 (a)) or otherwise disposed of in an environ- 

 mentally sound manner. 



"(3) The plan shall provide for the closing or 

 upgrading of all existing open dumps within the 

 State pursuant to the requirements of section 

 4005. 



"(4) The plan shall provide for the establish- 

 ment of such State regulatory powers as may be 

 necessary to implement the plan. 



"(5) The plan shall provide that no local gov- 

 ernment within the State shall be prohibited 

 under State or local law from entering into 

 long-term contracts for the supply of solid waste 

 to resource recovery facilities. 



"(6) The plan shall provide for such resource 

 conservation or recovery and for the disposal of 

 solid waste in sanitary landfills or any combina- 

 tion of practices so as may be necessary to use 

 or dispose of such waste in a manner that Is 

 environmentally sound. 



"CRITERIA FOR SANITARY LANDFILLS; SANITARY LAND- 

 FILLS REQUIRED FOR ALL DISPOSAL 



"Sec 4004. (a) Criteria for Sanitary Land- 

 fills. — ^Not later than one year after the date of 

 enactment of this section, after consultation with 

 the States, and after notice and public hearings, 

 the Administrator shall promulgate regulations 

 containing criteria for determining which facili- 

 ties shall be classified as sanitary landfills and 

 which shall be classified as op)en dumps within the 

 meaning of this Act. At a minimum, such criteria 

 shall provide that a facility may be classified as a 

 sanitary landfill and not an open dump only If 

 there is no reasonable probability of adverse effects 

 on health or the environment from disposal of solid 

 waste at such facility. Such regulations may pro- 

 vide for the classification of the types of sanitary 

 landfills. 



"(b) Disposal Required To Be in Sanitary Land- 

 fills, Etc. — For purposes of complying with sec- 

 tion 4003(2) each State plan shall prohibit the es- 

 tablishment of open dumps and contain a require- 

 ment that disposal of all solid waste within the 



State shall be in compliance with such section 

 4003(2). 



"(c) Effective Date. — The prohibition contained 

 in subsection (b) shall take effect on the date six 

 months after the date of promulgation of regu- 

 lations under subsection (a) or on the date of ap- 

 proval of the State plan, whichever is later. 



"UPGRADING of OPEN DUMPS 



"Sec. 4005. (a) Open Dumps. — For purposes of 

 this Act, the term 'open dump' means any facility 

 or site where solid waste is disposed of which is 

 not a sanitary landfill which meets the criteria 

 promulgated under section 4004 and which is not 

 a facility for disposal of hazardous waste. 



"(b) Inventory. — Not later than one year after 

 promulgation of regulations under section 4004, 

 the Administrator, with the cooperation of the 

 Bureau of the Census shall publish an inventory 

 of all disposal facilities or sites in the United 

 States which are open dumps within the meaning 

 of this Act. 



"(c) Closing or Upgrading op Existing Open 

 Dumps. — ^Any solid waste management practice or 

 disposal of solid waste or hazardous waste which 

 constitutes the open dumping of solid waste or 

 hazardous waste Is prohibited, except in the case of 

 any practice or disposal of solid waste under a 

 timetable or schedule for compliance established 

 imder this section. For purposes of complying with 

 section 4003(2), each State plan shall contain a 

 requirement that all existing disposal facilities or 

 sites for solid waste in such State which are open 

 dumps listed in the inventory under subsection (b) 

 shall comply with such measures as may be pro- 

 mulgated by the Administrator to eliminate health 

 hazards and minimize potential health hazards. 

 Each such plan shall establish, for any entity which 

 demonstrates that It has considered other public or 

 private alternatives for solid waste management 

 to comply with the prohibition on open dumping 

 and is imable to utilize such alternatives to so 

 comply, a timetable or schedule for compliance 

 for such practice or disposal of solid waste which 

 specifies a schedule of remedial measures. Includ- 

 ing an enforceable sequence of actions or opera- 

 tions, leading to compliance with the prohibition 

 on open dumping of solid waste within a reason- 

 able time (not to exceed 5 years from the date 

 of publication of the Inventory under subsection 

 (b)). 



"procedure for development and implementation 

 of state plan 



"Sec. 4006. (a) Identification of Regions. — With 

 in one hundred and eighty days after publication 

 of guidelines imder section 4002(a) (relating to 

 Identification of regions), the Governor of each 

 State, after consultation with local elected ofBcials, 

 shall promulgate regulations based on such guide- 

 lines identifying the boundaries of each area 

 within the State which, as a result of urban con- 

 centrations, geographic conditions, markets, and 



