Regulations last checked for updates: Nov 22, 2024

Title 40 - Protection of Environment last revised: Nov 20, 2024
§ 256.06 - Definitions.

Terms not defined below have the meanings assigned them by section 1004 of the Act.

The Act means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.).

Criteria means the “Criteria for Classification of Solid Waste Disposal Facilities”, 40 CFR Part 257, promulgated under section 4004(a) of the Act.

Facility refers to any resource recovery system or component thereof, any system, program or facility for resource conservation, and any facility for collection, source separation, storage, transportation, transfer, processing, treatment or disposal of solid waste, including hazardous waste, whether such facility is associated with facilities generating such wastes or not.

Implementation means putting the plan into practice by carrying out planned activities, including compliance and enforcement activities, or ensuring such activities are carried out.

Inactive facility means a facility which no longer receives solid waste.

Inventory of open dumps means the inventory required under section 4005(b) and is defined as the list published by EPA of those disposal facilities which do not meet the criteria.

Operator includes facility owners and operators.

A permit is an entitlement to commence and continue operation of a facility as long as both procedural and performance standards are met. The term “permit” includes any functional equivalent such as a registration or license.

Planning includes identifying problems, defining objectives, collecting information, analyzing alternatives and determining necessary activities and courses of action.

Provide for in the phrase “the plan shall (should) provide for” means explain, establish or set forth steps or courses of action.

The term shall denotes requirements for the development and implementation of the State plan.

The term should denotes recommendations for the development and implementation of the State plan.

Substate refers to any public regional, local, county, municipal, or intermunicipal agency, or regional or local public (including interstate) solid or hazardous waste management authority, or other public agency below the State level.

authority: Sec. 4002(b), Pub. L. 94-580, 90 Stat. 2813(b) (42 U.S.C. 6942(b))
source: 44 FR 45079, July 31, 1979, unless otherwise noted.
cite as: 40 CFR 256.06