7ATER QUALITY
..ANAGEMENT GUIDANCE
•PD 3-76-01
        RESIDUAL WASTE
        MODEL
        STATE
        LEGISLATION
                             March, 1976

           §    Environmental Protection Agency
                  Water Planning Division
                  Washington, D.C. 20460
               LIBRARY
               U. S. thflsjrtMtt.AL PROTECTION
               EDISON, N. J. 08817

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RESIDUAL WASTE: MODEL STATE LEGISLATION
                    by

             Don Macdonald
             James M.  Cole
             William F. Dwyer
            Dennis A.  O'Leary
         Contract No.  68-01-3550
            Project Officer
           Dr.  M.D. Neptune
     Office of Water Quality Planning
      Environmental Protection Agency
             Washington,  D.C.
               March 1976
        LIBRARY

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                             PREFACE










          The work described in this report was conducted under EPA




Contract Number 68-01-3550, entered on 24 September 1975.  The mat-




erials contained in the report are directed to the needs of areawide




waste management planners working under Section 208 of Federal Water




Pollution Control Act, Public Law, 92-500, as amended in 1972.





          This is one of a series of EPA documents designed to pro-




vide ready reference materials to the Section 208 planners that are




developing solutions to problems of residual waste management.



Companion documents currently in preparation by the Environmental



Protection Agency,  Office of Water Planning and Standards, include a




separate manual dealing with agricultural and si 1 vicul tural  residual




wastes and a new manual entitled, Residual Waste,  Best Management




Practices Handbook, i1lustrating the application of a set of manage-



ment practices to solve or ameliorate some of the  more frequently



encountered residual waste problems.
                                  iii

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                                  ABSTRACT

        The product of this research is a Section 208 Planner's Handbook which
identifies and discusses legislative and regulatory provisions, which will
permit and control the disposition of residual  waste to the land without en-
dangering water quality.  Therefore, existing State, county,  regional and
municipal laws and regulations for disposal  of residuals were researched, and
a comparison of these laws, along with interviews of State officials, pro-
vided the criteria for evaluating the effectiveness of State  provisions included
in the Model Legislation.
        The focal  point of this handbook, from which the analysis and recommen-
dations flow,is a  model statute, entitled, "A State Residual  Waste Management
and Resource Recovery Act."  The statutory scheme is structured to support  the
implementation of  areawide planning.  The approach taken toward the use of
areawide planning  is an integrated one.  The suggested legislative model add-
resses all phases  of the disposal of residual wastes on land  or in subsurface
excavations.
        The term "Residual Waste" as used in this study \s defined to include
those solid, liquid or sludge substances resulting from man's activities in the
urban, agricultural, industrial and mining environment not discharged to water
after collection and necessary treatment.  This handbook deals with laws that
control the disposal of waste and that encourage resource conservation.  This
study treats all of the common aspects of regulation, such as permits, inspect-
ions and variances; additionally, it deals with those special considerations
that have a significant effect upon the effectiveness of comprehensive area-
wide planning,  these include  inter-agency authority, technical assistance,
record keeping, transportation, classifying special wastes, site selection,
closure requirements and enforcement strategies.  There are proposed model  law
provisions for an  area categorized as special residual waste  considerations,
such as hazardous  waste, feedlot waste, mine tailings and dredged material,
all having a potentially deleterious effect upon water quality.
        This handbook is one of a series of EPA documents designed to provide
ready reference materials to Section 208 Planners, who are developing area-
wide solutions to residual waste management problems.

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                          TABLE OF  CONTENTS

                               CHAPTER   I
  Section
  1.1        Legislative Authority for the Mission of the 208 Planner. . 1-1
  1.2        Interaction with Existing Waste Management Agencies .... 1-2
  1.3        Strategies Available to the Waste Management Planner. . . . 1-4
  1.4        Organization of Legislative Materials 	 1-5
  1.5        Use of Existing Waste Management Legislation  	 1-6
  1.6        Use that  is Expected to be Made of This Handbook	1-6
  1.7        Research  Methodology  	 1-8
  1.8        Relating  the Problem to Available Legislative Solutions . . 1-11
                               CHAPTER  I I
  2.1        Objectives of this Research	2-1
  2.2        Overview	2-1
  2.3        Findings	2-1
  2.4        Characteristics of State Laws	2-2
  2.5        Provisions for Hazardous and Toxic Wastes 	 2-3
                                CHAPTER I  I I
3.1         Essential  Elements  of  a  Legislative  Enactment  	  3~1
3.1.1        Planners Role in Preparing  Legislation   	  3"1
3.1.2        Relationship Between Statutes,  Ordinances 6  Regulations  .  .  3-1
3.1.3        Choice Between  New  Law and  Regulation	3-2
3.1.4        Governmental Levels at Which the Law and Regulations
              are Enacted and Enforced	3'3
3.1.5        Problems Addressed  by  the Standard Sections  of
              Environmental  Management  Laws 	  3"3
3.1.5.1      Policy Declarations 	  3~3

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3.1.5.2     Definitions Used in the Laws  ...............  3-5
3.1.5.3     Authority .........................  3-5
3-1.5-4     Enforcement Agency (For State or Local Laws) ........  3-6
3.1.5.5     Define Planning Functions .................  3-6
3.1.5.6     Rule Making Authority ...................  3-6
3.1.5-7     Powers and Duties of Agency ................  3-7
3.1.5.8     Permit Issuance Authority .................  3-8
3.1.5.9     Notice, Hearings and Judicial  Review  ...........  3-9
3.1.5.10    Injunctions to Abate any Threat to Public Health  .....  3-9
3.1.5.11    Advisory Boards   .....................  3-10
3.1.5.12    Establishment of Title to Residual Wastes .........  3-10
3.1.5.13    Need for Public Participation & Public Education Regarding
              Residual Waste Facilities Requirements and the Public's
              Role in Reducing Waste Burdens  .............  3~11
3.1.5-14    Statutory Provision for Areawide Waste Management
              Facilities  .......................  3-11
3.1.5.15    Bonds and Insurance Provisions  ..............  3~12
3.1.5.16    Need for Technical Clauses Dealing with Repeal, Saving
              and Severability  ....................  3-12
3.1.5-16.1  Repealers .........................  3-12
3.1.5.16.2  Savings Clause  ......................  3-13
3.1.5.16.3  Severability Clause ....................  3-13
3.2         Problems Associated with Conservation and Disposal
              of Residual Wastes  ...................  3-14
3.2.1       Land Disposal of Residual Wastes  .............  3-14
3.2.1.1     Need for Control of Materials Going to a Landfill  ..... 3-14
3.2.1.2     Pesticide Containers .................... 3-15
3.2.1.3     Incinerator Ash or Pyrolytic Char  ............. 3-15
3.2.1.4     Hazards to Public and Wildlife ............... 3-15
3.2.1.5     Need for Monitoring of Groundwater ............. 3~16
3.2.1.6     Pollution of Groundwater .................. 3-16
3.2.2       Need for Control of Land Used for Disposal Sites ...... 3-17
3.2.2.1     Variances and the "Grandfather" Clause ........... 3-17
3.2.2.2     Control of Land After Use as a Hazardous Waste
              Disposal Area  ...................... 3-17
3.2.2.3     Conservation and Utilization of Impervious Bottom Sites. .  . 3-18
3.2.2.4     Inventory of Potential Residual Waste Disposal Sites .... 3-18
                                      VI

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3.2.3       Waste Piles and Tailing Drainage 	 3-19
3.2.4       Industrial Wastes, Control of Sources & Disposition	3-19
3.2.4.1     Inventory of Waste Loads  	 3-19
3.2.4.2     Control Strategy for Industrial Wastes 	 3-20
3.2.4.3     Tank Cleaning Wastes 	 3~20
3.2.4.4     Used Motor Oil	3-21
3.2.5       Dredged Material  Disposal  	 3-21
3.2.5.1     Pollution of Groundwaters  	 3-21
3.2.5.2     Beneficial Use of Dredged Material  	 3~22
3.2.6       Use or Disposal of Sewage Sludge - Municipal	3-22
3.2.6.1     Application Upon the Land	3-22
3.2.6.2     Safe Application Rates 	 3-22
3.2.6.3     Sludge Ash	3-22
3.2.6.4     Control of Nuisance  	 3-23
3.2.7       Agricultural  Wastes  	 3~23
3.2.7.1     Pesticide Containers 	 3~23
3.2.7.2     Organic Wastes 	 3-23
3.2.8       Construction and Demolition Wastes 	 3~24
3-2.9       Control of Transportation of Residual Wastes 	 3~24
3.2.9.1     Waste Transport Vehicles  	 3-24
3.2.9.2     Routing Over the Road	3-24
3.2.9-3     Clean Up of Spills - Emergency Procedures  	 3-25
3.2.10      Litter 	 3-25
3.2.11      Beverage Container Deposit Laws 	  3-26
3.3         The Need for Legislative  Provisions  to Aid  in Reuse
              and Recovery of Residual Wastes 	  3~27
3.3.1       A National Survey of Resource Recovery  	  3~27
3.3-2       State Action to Stimulate Reuse and  Recovery of Materials  .  3-28
3.3.2.1     Tax Abatement as an  Incentive to Reuse	3~30
3-3.2.2     Underwriting Actual  Losses in Commercial Recycling
              Operation	3-31
3.3.2.3     Making Municipal  Solid Waste, Including Shredded
              Wood, Available to Utility Companies  	  3~31
3.3-2.4     Removal of Discriminating Labeling or Advertising
              Constraints on Recycled Products   	  3-31
3.3.2.5     Remove Discriminatory Freight Rates on Recyclable Materials  3~32
                                      VI I

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                                  CHAPTER IV


    I       SHORT TITLE   	  4-1
   II       DECLARATION OF POLICY	4-1

  III       DEFINITIONS	4-2
   IV       STATE AGENCY AUTHORtTY/POWERS/DUTIES  	  4-3
   IV(A)    Administration of the Act	4-3
   IV(B)    Technical  Assistance 	  4-5
    V       PLANNING (STATEWIDE, AREAWIDE, LOCAL)  	  4-6

   VI       COMPLIANCE/ENFORCEMENT AGENCY 	  4-8
  VI)       OPERATION  AND FINANCING OF AREAWIDE PLANS 	 4-10

 VIII       AREAWIDE/MUN1CIPAL AUTHORITY - MANAGEMENT 	4-11
 VI I I(A)    Intra-Municipal  Authority	4-11
 VIII(B)    Eminent  Domain,  Zoning,  Preemption  	 4-12
   IX       ESTABLISHMENT OF RESIDUAL  WASTE  DISPOSAL SITES 	 4-13
   IX(A)    Criteria Used to Determine Location of Sanitary Landfill  .  .   . 4-13
   IX(B)    Classifications  of Residual  Waste Disposal  Sites  	 4-14
    X       PERMITS	4-16
   XI       STANDARDIZATION    	4-18
   XI(A)    Requirements and Prohibitions 	4-18
   XI (B)    Variances  (Exceptions, Exemptions,  "Grandfather Clause"  .  .   . 4-19
  XII       ENSURING COMPLIANCE  	4-20
  XI I (A)    Enforcement Penalties	4-20
  XI I (B)    Inspections	4-21
 XIII       JUDICIAL AND ADMINISTRATIVE  PROCEEDINGS 	4-21

  XIV       SITE CLOSURE (COMPLETION,  ABANDONMENT)  	 4-23
   XV       REUSE, RECYCLE,  RECOVERY,  INCENTIVES  	4-23
  XVI       ADVISORY COUNCIL AND ENVIRONMENTAL  STUDY  	4-24
 XVII       SPECIAL  CONSIDERATIONS 	4-25
 XVI I(A)    Hazardous  Waste	4-25
 XVI I(B)    Record Keeping Regarding Wastes	4-2?
 XVI I (C)    Regulation of Transportation of  Residual Wastes	4-28
 XVI I(D)    Abandoned  Motor  Vehicles	4-29
 XVI I (E)    Mine Drainage Control	4-29
 XVI I(F)    Control  Over Confined Animal Feeding	4-30
 XVI I(G)    Preservation of  Wetlands	4-31
 XVII(H)    Use of Waste Disposal Wells   	4-32
 XVI I (I)    Requirements for the Disposition of Dredge Spoil	4-32
 XVI I (J)    Regulation of Waste Piles    	4-3**
 XVI I(K)    Litter Control Considerations -  Model  (B)	4-35
 XVI I(L)    Summary  of Criteria for Land Application of Sludge to Farmland .4-35

XVIII       REPEALER   	^-36
  XIX       SEVERABILITY	^-36
   XX       SAVING CLAUSE   	4-36

  XXI       EFFECTIVE DATE	2t-36


                                         viii

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                             CHAPTER   V

5.1      Criteria for Selection of Provisions 	 5-1
5-1-1    "Effectiveness" of Residual  Waste Management Laws  .  .   . 5-1
5-1-2    General Rules for Selection of Materials for
            Inclusion in Model Law	5-2
5-1-3    A Matrix Comparison of Specific Provisions of
            State Laws	5-2
5-2      Basis for Inclusion of Sections Selected for the
            Model	5-9
5.2.1    Section IV(A) Administration of the Act	5-9
5.2.2    Section IV(B) Technical Assistance 	 5-9
5.2.3    Section V Planning (Statewide, Areawide & Local) .... 5-10
5-2.k    Section VI  Responsibilities and Duties of the
            Enforcement Agency  	 5-10
5-2.5    Section VII  Operations and Financing of Areawide Plan.   . 5-11
5.2.6    Section VI I I(A) Areawide Municipal Authority	5-11
5.2.7    Section VI I I(B)Eminent Domain, Zoning and Preemption .   . 5-11
5.2.8    Section IX(A)&(B) Criteria for Location and
            Classification of Waste Disposal Sites  	 5-12
5.2.9    Section X &  XI  Permits and Standardization	5-13
5.2.10   Section XI(B) Variances  	 5-13
5.2.11   Sections XII  and XIII Enforcement, Penalties
            and Inspections	5~13
5.2.12   Section XIV  Site Closure	5-U
5.2.13   Section XV  Reuse and Conservation Incentive	5-1**
5.2.H   Section XVI I  (A) Hazardous and Toxic Waste Controls .  .   . 5-1^
5-2.15   Section XVI I(D) Abandoned Motor Vehicles   	5-18
5-2.16   Section XVI I(E) Mine Drainage	5-18
5-2.17   Section XVII(F)&(J) Feed Lot Drainage & Waste Piles  .   . 5-18
5.2.18   Section XVI I  (H) Waste Disposal Wells	5-18
5.2.19   Section XV I I(I) Disposition of Dredge Spoil	5-19
5.2.20   Section XVI I(L) Application of Sludge to Farm Land .  .   . 5-19
                                    IX

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                  TABLE  OF  EXHIBITS
Exhibit "1"  Legislative & Regulatory Provisions
            by  Level of Government

Exhibit "2"  A Matrix Comparison of Specific Pro-
            visions of State  Laws
                                                       PAGE

                                                        3-4

                                                        5-3
                 TABLE  OF APPENDICES
Appendix "A"  Glossary  of  Residual Waste Terminology

Appendix "B"  Minnesota Law  -  Example of Comprehen-
              sive  Inter-County  Planning
Appendix "C"  Examples  of  Residual Waste Study -
              Quest ionnai res

Appendix "D"  Federal Laws and Regulations
                                                        A-1
                                                        „,

                                                        C-1

                                                        D-1

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                            ACKNOWLEDGEMENTS


The study team is very much indebted to the EPA Project Officer, Dr. M. Dean
Neptune, for his considerable contributions in structuring the research and
for his assistance in the treatment of the residual waste management tech-
nical aspects.  We are also indebted to the EPA, Regional 208 Coordinators,
and the State and local solid waste planning agencies which provided the
basic information for this report.

We express our appreciation to the following organizations and individuals
for their cooperation and assistance in this study:

           Mr.  Gene  Mattes
           EPA Region III, 208 Coordinator
           Curtis Building
           6th and Walnut  Street
           Philadelphia,  Pa 19106

           Mr.  Scott  Berdine
           EPA Region IV,  208  Coordinator
           1421  Peach Tree Street N.E.
           Atlanta,  Ga 20309

           Mr.  Kent  Fuller
           EPA Region V,  208 Coordinator
           230 South  Dearborn  Street
           Chicago,  111  60604

           Mr.  Paul  Ferraro
           EPA Region VIII, 208 Coordinator
           i860 Lincoln Street
           Denver, Co 80203

           Mr.  Paul  C. Soltow, Jr.  and
           Mr.  Don M. Hemovich
           Bay Area  Sewage Service Agency  (BASSA)
           Hotel  Claremont
           Berkeley,  Ca 9^705

           Dr.  Joseph E.  Hooper,  Ph.D.
           W.  & H. Industries  Inc.
           A04 North  Roxbury Drive
           Beverly Hills,  Ca 9^720

           Mr.  David  Burack
           Regional Waste  Water Solids  Management  Program
           Los Angeles/Orange  County  Metropolitan  Area
           (LA/OCMA  Sludge Program)
           P.  0.  Box  4998
           Whittier,  Ca 90607
                                     XI

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Mr. Ronald E. Schwegler
Planning and Development Division
County Sanitation Districts of Los Angeles County
P. 0. Box 4998
Whittier, Ca 90607

Mr. E. J. Smith and
Mr. Ellis Rail
Denver Regional Council of Governments
1776 South Jackson
Denver, Co 80210

Mr. Orvi1le Stoddard
Engineering Section
Colorado, Dept. of Public Health
4210 E.  11th Ave.
Denver,  Co 80220

Mr. Mark Lowery
Colorado Land Use Commission
1845 Sherman St.
Room 600
Denver,  Co 80203

Mr. Charles Kurker
Solid Waste Management Unit
122 Washington St.
Room 13
Hartford, Ct 06106

Mr. Ross Craft
Environmental Protection Agency
Division of Land Pollution Control
2200 Churchill Road
Springfield,  111  62706

Mr. Lawrence Cramer
Pollution Control Agency
Division of Solid Waste
1935 W.  County Road B 2
Ropeville,  MN 55113

Mr. Bernhardt Lind
Division of Environmental Quality
Bureau of Solid Waste Management
Trenton, N. J. 08625

Mr. William G. Bentley
Dept. of Environmental Conservation
Div. of Sol id Waste Management
50 Wolf  Road
Albany, N.Y.  12201
                         XI I

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           Mr. LeRoy K. Rachels
           Oklahoma Dept. of Health
           Solid Waste Management Division
           Northeast 10th and Stonewall
           Oklahoma City, Ok 73105

           Mr. Ernie Schmidt
           Dept. of Environmental Quality
           1234 Southwest Morrison
           Portland, Or 97205

           Mr. William Bucciarelli
           Dept. of Environmental Resources
           Division of Solid Waste Management
           Fulton Building
           3rd and Locust Streets
           P. 0. Box 2063
           Harrisburg, Pa 17120

           Mr. Avery Wei 1s
           Dept. of Ecology
           Solid Waste Resource Recovery Division
           Olympia, Wa 98504

We extend a special thanks to the following individuals for their review and
comments on our draft report:

           Mr. Albert Marino
           Executive Officer
           California Solid Waste Management Board
           Room 1335, Resources Building
           1416 Ninth Street
           Sacramento, Ca 3581k

           Mr. Stuart R. Shaffer
           Comprehensive Planning Organization of the San Diego Region
           Suite 52**, Security Pacific Plaza
           1200 Third Avenue
           San Diego, Ca 92101

           Professor Nicholas L. White
           School  of Law
           Indiana University
           Bloomington, Ind 47401
                                   XI I

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                                Chapter I

                    INTRODUCTION AND METHODOLOGY

1.1   Legislative Authority for the Mission of the 208 Planner

      Section 208 of the Federal Water Pollution Control Act Amendments
of 1972, subsection (b)(l), provides for "a continuing areawide waste
treatment management planning process consistent with section 201  of this
act." (1-1).*  Subsections (b) (2), (j) and (K) provide that such a planning
process shall include:

      a process to control disposition of  all residual waste generated
      in such areas which could affect water quality; and a process to
      control the disposal of pollutants on land or in subsurface  exca-
      vations within such area to protect  ground and surface water
      quality.

A review of the Legislative History (1-2)  of Section 208 (which was Section

209 of the original, pre-conference Senate Bill) provides some insights as
to the range of activities to be included  in the residual waste treatment
plan.

      The legislative history makes clear  at numerous places that  Section
208 applies to all nonpoint sources.   It mentions the need to control  al1
wastes (page 187), all  residual  wastes that could affect water quality

(page 300) and  ..."all  residual  waste generated in the area" (page 1455).

       In the development of guidance materials for use by Section 208
 Planners, residual wastes are defined by  the EPA to include:

       "Solid,  liquid or sludge substances from man's activities
       in the urban, agricultural, industrial and mining environ-
       ment not discharged to water after  collection and necessary
       treatment."
       These wastes include, but are not limited to:  sludges
       resulting from water and domestic wastewater treatment,
       industrial sludges, utility plant sludges, and mining
       sludges; solids  resulting from industrial and agricul-
       tural  process waste materials and from non-process
       industrial and commercial wastes (e.g., demolition
       wastes,  mine tailings, incinerator  residues, dredge
       spoil, and agricultural waste like  crop residues, feed-
       lot wastes and pesticide containers); and liquids result-
       ing from industrial side streams and from agricultural
       processes.

("References  are provided at  the  end of  each  Chapter)

                                      1-1

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 1.2    Interaction with Existing Waste Management Agencies
      Subsections 208(b)(2), (J) and («), while they are important, will
 represent only a fraction of the total  energy to be expended by each 208
 planning agency.  The severity of the residual waste problem (as it impacts
water quality) will be different in the various areas, and the types of
 residual wastes contributing to water quality degradation will  also
 vary, depending upon the powers vested  in existing waste management in-
 stitutions to control these sources of water pollution.
       It  is anticipated that the planners will seek and obtain assistance
 from existing waste-management agencies in gathering and analyzing data
 that describe problems and  in the development of alternative areawide
 management practices.  Existing management agencies should be particularly
 helpful  in defining the additional legislative and regulatory  measures
needed to implement changes in management practices or institutional
arrangements for areawide conservation or disposal  of residual  wastes.
An overall approach to development of a plan is presented in "Guidelines
for Areawide Waste Treatment Management Planning" published for use by
Section 208 Planners. (1-3)
      The approach taken  in the development of this guide has been  to  try
 to anticipate the type of  technical and institutuional solutions that  the
 planner  will structure in  bringing the  residual waste  problem under control
 and  then to describe the different kinds of legislative support that  might be
 utilized  to make this solution workable.
       In each  of the 208 planning areas, the general  aims of the residual
 waste management portion of the plan  is to:
       (a)   Eliminate promiscuous, illegal  or  accidental  dumping
            of wastes;
       (b)   Prevent surface and groundwater contamination from
            existing  and  planned  land  disposal  operations;
       (c)   Develop the  most economical  disposal  plans, whether this
            be spreading,  burying, or  incineration  to reduce bulk prior
            to ultimate  disposal;
       (d)  Obtain assurance that disposal  sites  will  be free from odors,
            fires,  vectors, explosions  and  danger to employees  and the
            public at large;
                                    1-2

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       (e)  Assist  in finding beneficial uses  for the specific  residuals
           mentioned in  Section  1.1, above, or assist  the generators of
           such waste  loads  in developing  legally and  socially acceptable
           disposal procedures that will minimize or eliminate the  impact
           of  these materials on water quality;
       (f)  Promote resource  conservation to reduce the amount of
           waste going to  land fills;
       (g)  Provide record  keeping and collection data on the types and
           quantities of wastes being disposed of upon the land
           so  that correlation may be made with water quality
           monitoring data,  for use  in subsequent planning activities;
       (h)  Promote awareness in the private and  industrial sectors
           of  the problems associated with residual waste disposal, so
           that the need for source  reduction  and resource conser-
           vation  is fully appreciated.
       (i)  Define  institutional arrangements  relating charges for
           residual waste  disposal to those receiving  the benefits of
           the services  provided by the areawide plan;
       (j)  Reduce  litter and causes  of  groundwater and surface water  contamin-
           ation  by  implementing controls  at  the source  of  the pollution
           causing material.

The emphasis in addressing these problems is to be placed on implementing
to the extent possible, nonstructural  solutions,  and utilizing existing
institutions to perform waste management functions.
1.3   Strategies Available to the Waste Management Planner
      There are a limited number of options open  to society in dealing with
the problem of residual wastes,  and some of these may be beyond the power
of even an area-wide  waste management agency to employ.  The three basic
strategies are:
      (a)  Waste reduction, by extending the life of  products and
           reducing the packaging materials used  in moving these
           products.   Buying tires with longer life,  building auto-
           mobiles that last 25 years instead of  10,  and reuseable
           food and beverage containers are examples  of this strategy.
                                     1-3

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       (b)  Resource conservation, by reclaiming and recycling materials
           that would otherwise become waste.  A start has, of course,
           be made  in many areas, such as salvaging the metal, glass
           and paper fraction for use  in making new products, and
           shredding wood wastes to make newspaper pulp.  A number of
           experimental programs are underway  to produce oil  (via
           the pyrolitic process) or electrical energy from steam plants
           converted to burn the low energy  solid waste produced by
           most municipalities.  Any beneficial use made of materials
           that would otherwise constitute a disposal problem, could
           be considered reclamation of a resource.
       (c)  Environmentally safe disposal of materials for which there
           is no other use, within the present bounds of technological
           and economic constraints.
Unfortunately, the third strategy will  be the one most heavily employed,
until such time as the scarcity of energy and other raw materials tips the
economic scale in favor of the first two.  The laws and regulations col-
lected and presented here,  attempt to utilize and encourage reduction of
waste, and resource conservation, but emphasis must clearly be placed upon
environmentally safe disposal,both as an interim solution to present
problems and for the management of that increment of residual  waste  (ashes,
filter  cake,  etc.)  remaining after  efforts at  reclamation  have been
exhausted.
1. k   Organization of Legislative Materials
      Legislation dealing with some sets of environmental problems can be
packaged  neatly  into a code section entitled,  "Solid Waste Management Act,"
the "Resource Recovery Act" or "The Water Quality Control Act."  All or part
of such legislation probably exists in your state.   It may be unrealistic
to expect to find a sponsor for a new bill  entitled "The Residual Waste
Management and Resource Conservation Act,"  and have this apply to all  wastes
deposited on  land or  in subsurface  excavations and which may  have an
adverse impact on ground  or surface water quality.  For this reason,  passage of a
new model  law dealing solely with residual  wastes may not be feasible.  The prin-
cipal  product of  this  research  is a description of those problems with which

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the areawide wastes management planner is faced, along with samples of
legislation that other  regions have found effective  in coping with these
problems.  The  suggested  legislative and  regulatory  materials are presented
for use on either a piece-meal basis or for adoption as a comprehensive resi-
dual waste management model law in those jurisdictions that have not already
enacted residual waste management legislation.
1.5   Use of Existing Waste Management Legislation
      A starting place for this research was provided by the model  acts
prepared by the Council of State Governments  (1-4),  and the National
Association of Counties Research Foundation (1-5).  These models have already
achieved a significant level  of recognition, and should be utilized wherever
it  is practicable to do so.  The existing Models are supplemented by para-
graphs taken from statutes and regulations of the 12 states surveyed during
the course of this study.  The rationale for inclusion of specific paragraphs
from laws of selected states is presented in Chapter V.
      The planner is encouraged to familiarize himself with legislation in his
jurisdiction.   The primary objective of this document is to provide the pieces
of  legislation that may be needed to fill gaps that may exist in those laws
already available  in each state.
      Where a provision of an existing Model Act appears to satisfy the need
for  legislation  identified here, use has  been made of  such a provision
and it is identified in Chapter IV as "Model". It  is  hoped that this deference
to existing Models will help to stem the proliferation of overlapping materials
and perhaps simplify the  task of the planner.
1.6   Use That is Expected to be Made of This Handbook
      The surest way to  prevent  residuals from causing water quality  problems
is   to  prevent,  or to reduce the extent of,  their  disposal or dispersion on
land or  in subsurface  excavations in the  first place (by employing strate-
gies "a" and "b" as  discussed  in Section 1.3).   To assure that  the  residual
waste fraction,  which cannot  be reused or recycled,   is disposed of in accor-
dance with an  environmentally  safe and socially acceptable procedure, the
simplest possible system of laws and regulations providing  the  necessary
permits,  licenses,  inspections and  specific proscriptions,  must be avail-
able for guidance of the waste management agencies.
                                    1-5

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      The planner,  after devising an approach to ameliorate each of the
major residual  waste disposal  problems that he has identified,  must
determine whether or not the plan can be implemented within the framework
of existing laws.   In some instances a combination of laws and regulations,
vigorously enforced, will provide the areawide planner with a non-structural
solution, or a "Best Management Practice" for one of the pollution sources
that must be abated in a given area.
      An  example might  be the  use of  ecological zoning  (to  limit con-
struction on steep  slopes and  flood plains),  building codes  (to  require
anti-si1 tat ion  measures  during and after construction)  and  a strong
anti-litter law, all of  which  may be  combined to  reduce the  total  pollution
burden from urban runoff to an acceptable level.  To implement other manage-
ment practices,the planner must often establish the existence or non-existence
of a particular type of enabling or enforcement provision, without which
a proposed solution may be unworkable.
      The problem oriented approach adopted for presentation of "model"
legislation in this report is designed to assist the planner to:
      (a)  Understand the type of regulatory provisions proved
           useful  in other jurisdictions;
      (b)  Locate such law or regulation, which may already be in force
           in his own jurisdiction;
      (c)  Locate the legislative or  regulatory body (city, county, state)
           that would sponsor, enact or promulgate the needed authority,
           and finally,
      (d)  Make a comparison of samples of statutory or regulatory
           language that has proven to be effective in some other
           jurisdiction, with the law that is available in his 208
           planning area.
      It  is anticipated that areawide planners will have access to legal
counsel  and that use will be made of  these services.  Many elements of the
model legislation presented in this report must be adapted to fit existing
regulatory agencies and waste management institutions, and  professional
personnel from the  financing and legal offices  in your area should be
consulted for assistance in these tasks.
                                      1-6

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1.7   Research Methodology
      The first step was to define some of the more frequently mentioned
problems that the prospective Section 208  Planners have discussed in the
residual waste  elements  of their  proposed  plans.   From  this  list, a  set  of
problems was  selected  that  could  be  resolved, or  at  least  ameliorated,
by legislative authority, from any level of government.   This was
accomplished by:
      (a)  On site interviews with four of the EPA Regional 208
           Planning Directors.
      (b)  A  review  of the preliminary  work  plans from  19  EPA
           Regions  to  determine  the  type  of  problems  that  area-
           wide  planning would encompass.
      (c)  Interviews with State and regional planners and
           waste management operational  staffs.
      (d)  A search of the open literature.
      (e)  A review was made of 5^ pieces of model and cur-
           rently enacted legislation at the Federal, State,
           county and city levels, each of which was designed
           to help solve specific waste management and water
           quali ty problems.
      The product of step one is  the description of specific needs (in
Chapter  3) related to an areawide planner's waste management problems.
These descriptions indicated the type of legislation that  should be
available for the successful implementation of an areawide waste treat-
ment plan.  Persons  interviewed during  this first phase of the project
are mentioned in the Acknowledgement Section of this report.

      The second and  third  steps  (which  were accomplished concurrently),
required the construction of a list of states, counties  and regions  that
had developed comprehensive statutes  or  ordinances dealing  with some part
of the total  problem of residual  waste.   This was done with the assistance
                                      1-7

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of the EPA Project Officer, the EPA Regional  208 Directors and references
to exemplary waste management laws found in the literature.  Most of these
are Water Quality and Solid Waste Management  Laws.
      As the list of jurisdictions with noteworthy  laws was produced,
contact was made by telephone with the State  and local  officials concerned,
and copies of  their current  laws and  regulations were obtained.
       Upon completion of steps 2 and  3, documentation had  been accumulated
on the laws and  regulations of the twelve sample states used  to
provide an integrated piece of legislation for the  control of residual
waste  that may have an adverse affect on water quality.  The  12 states
selected are:
      Alabama                  Illinois                Oklahoma
       California               Minnesota               Oregon
      Col. ado                 New Jersey              Pennsylvania
      Connecticut              New York                Washington
       In Step **, the study team interviewed by telephone an official in
each of the jurisdictions listed, to obtain background  information
regarding the size and scope of the regulatory activities, and the views
of these officials with respect to the efficacy of  the  law under which
they were operating.  The laws of each state  were reviewed and,  in
preparation for each interview, the salient characteristics of the laws of
each of these jurisdictions were noted on a separate work  sheet.  The
study  team noted that many of the same problems are legislated upon at
several levels of government and at this point Exhibit  1 was developed
to indicate the various levels of government  at which a law might be
found.
       In Step 5, the work sheet notes regarding the intent of the
various laws were posted to the matrix shown  on Exhibit 2, indicating
which  jurisdictions had a  law or regulation identified as  dealing with
one of the problem areas that emerged from the first step.
       It  is reiterated here for emphasis that neither the matrix, nor
any other statement made in this report is intended, nor can  it be
interpreted as a ranking of the effectiveness of the residual waste laws
                                      1-8

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 in the jurisdictions included in our sample.  This is so for many reasons,
 three  of  which  are  worth  noting:   first,  all  of  these jurisdictions were
 selected because they have been cited for a forward looking program;
 second, some jurisdictions may not have a problem or the State may have
 such an effective non-legislative solution to deal with it, that they
 don't now need a law, and third, the State may have a piece of legislation
 in its Health Code, Governmental Code, Administrative Procedures Act,
 Code of Civil Procedure, or even the Evidence Code, that deals with the
 problem without respect to the agency that needs such authority, e.g.,
 it is available to all  departments of the government.
      The scope and duration of this project did not contemplate a
 comprehensive search of all the codes and regulations of all
 jurisdictions in the sample, and the basic requirement was satisfied
 when a law or regulation dealing with the specific residual waste problem
 was found in the water quality, solid waste or resource recovery acts.
 Other  codes  were  searched for  only a few  states.
       In Step 6, notice was taken of the fact that a number of juris-
 dictions  (and the model law) each dealt with the same problem, and
 here the  researchers made a value judgment and selected the section that
 was  reported to be  effective by  the  State agency  and was  sufficiently
 descriptive  to be understood by the widest range of potential users.  The
 rule stated  earlier, RE: preference shown to established MODELS, was
 followed, and if the language in the model statute was adequate, that
 it is the only  language recommended  in this report.  Where the
 recognized models are silent, or an enactment found in another jurisdiction
 appears to be a worthwhile supplement to the model, or is clearly superior,
 the supplemental section  is included as an alternative.   A citation to the
 originating  jurisdiction  is provided for each Section or Paragraph in the
 "Model Legislation", Section ^ of this report.
      In Step 7 the study team modified an existing law or regulation,
or prepared  a new section dealing with the specific  residual waste
 problems  identified in Step One.  These sections are integrated into the
 model   Residual  Waste Management Act  presented  in  Section  A.
                                      1-9

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1.8   Relating the Problem to Available Legislative Solutions
      Starting with the premise that if there were no residual  waste pro-
blems to be controlled, there would be no need for waste management laws
or regulations, an examination was made of each section or paragraph of
the existing laws in selected states to determine the problem each was
designed to avert or control.  This analysis, which is presented in
Chapter III, provides several benefits:  first, it enables the planner
to better appreciate the meaning, intent and the limits to the usefulness
of each of the legislative or regulatory provisions commonly used, and
second, the  inclusion of alternative statutory  language offers the
planner an opportunity to suggest  integrated solutions to several pro-
blems which could be abated  by the same set of  legislative or regulatory
provis ions.
      Section 3-1 presents an analysis of the more or less standard legis-
lative provisions  in most laws.  These are made a part of the Model
presented in Chapter IV in the interest of providing a comprehensive Residual
Waste Management Act.  Section 3-2 presents a description of some of the
recurring, waste-related water quality problems appearing in the 208
Planning Grant Applications, along with recommendations regarding the legis-
lative or regulatory provisions which are included in the Chapter IV Model
Law.  Section 3-3 describes some of the problems associated with conserva-
tion through the recycling of waste materials.
      Chapter  V  presents  criteria  used  in selecting  sections from
State  laws  for use  in  the Model.   Four appendices are provided at the
end  of this  report.  Appendix  "A"  is a compilation of Definitions used
by  the 12 States  in  their waste  management  laws; Appendix "B"  is  the
complete text of the Minnesota, multi-county Metropolitan Solid Waste
Disposal  Act.  This  is presented as a model regional waste management
act and is an appendix because it does not fit  logically into the Chapter
IV Model  law.
       Appendix "C"  is  the patterned  interview  format  used as a  check
list  in  the  discussions of  waste management  laws with  State  officials.
Appendix  "D"  is  a  list of Federal  Laws  £  Regulations  that pertain  to  water
quality aspects of residual  waste.
                                     1-10

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                         REFERENCES - CHAPTER I
(1-1)   Public Law 92-500 Federal  Water Pollution Control  Act,  Amend-
       ments  of 1972.

(1-2)  "A Legislative History of the Water Pollution Control  Act
       Amendments of 1972,"Reported by the Environmental  Policy
       Division of the Congressional  Research Service of  the
       Library of Congress,  Vol.  1, Jan.  1973,  Serial  No.  93-1.

(1-3)   "Guidelines for Areawide Waste Treatment Management
       Planningj' U.S.  Environment Protection Agency,  Aug.  1975.

(1-4)   "1973  Suggested State Legislation  - State Solid Waste
       Management and  Resource Recovery Incentives Act,"
       Council of State Governments,  Lexington, Kentucky,
       1974.

(1-5)   "Suggested Solid Waste Management  Ordinance for Local
       Governments," by National  Association of Counties
       Research Foundation,  Report No. EPA SW-83d, March
                                     1-11

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                               CHAPTER  I I
                        SUMMARY AND CONCLUSIONS

2.1    Objectives of this Research
       The main thrust of this Handbook project was to develop descrip-
tions of the water quality problems associated with residual  waste,  and
to review the solid waste and water quality laws of twelve sample States
to find effective legislative or regulatory solutions that have been dev-
eloped and are presently in use.  Information regarding specific problems
and the effectiveness of State regulating measures was obtained from waste
management, water quality and health officials of the sample  States  and
of the Federal government.   After validating the list of residual waste
problems which are related to water quality, and the efficacy of the laws
and regulations in use, the Model Law (Chapter IV) was constructed using
provisions of the States' Acts.

2.2    Overview
       A summary of the subject  matter of this research is presented in  two
exhibits.  Exhibit 1 in Chapter  III  shows the classifications of the laws
that relate to residual waste and the level of government at  which the
legislative enactment or rule making generally takes place.   This exhibit
also indicates the level at which these Jaws are enforced.  Exhibit  2 in
Chapter V shows the response of  each of the sample States to  the identified
need for either a law or a rule  to assist in the management  of residual wastes.
       The principal recommendations resulting from this review of existing
residual waste management legislation are embodied  in those sections that
are incorporated in Chapter IV,  the Model Law.  An outline of the Model  is
provided at the beginning of the Chapter.  A rationale for the inclusion of
each of the sections in the Model Law is presented in Chapter V.

2.3    Fi ndings
       At least one State in the sample has a law or regulation dealing with
every one of the residual waste  problems.  A State section was used  for
every subject area except for the control of transportation of hazardous
wastes.  A new section was  drafted to cover the transportation problem.
                                     2-1

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In every other subject area,  the provision(s)  incorporated  in  the  Model  is
adapted from an existing law  or regulation that  is effective in  one of the
States.
        The greatest need for new legislation  exists  in  these  three areas:
programs of State and local  incentives for resource conservation;  specific
provision for permitting the  use of sludge on  land; wider recognition
of the benefits to the State  from comprehensive,  "water  tight" control  of
hazardous wastes.
        The first of these problems is beyond  the scope  of  this  project.
The second and third a e discussed in Chapter  III  and Chapter  V.
2.k     Characteristics of State Laws
        The more important characteristics of  the laws and  regulations of
the twelve States in the sample are displayed  in  Exhibit 2  in  Chapter  V.
The extent and the similarity of the response  with which all of  these  states
have met the challenge of managing their residual  waste  problem is more
remarkable than the differences that appear.   Each of the States  has provided
a law for all of the standard or common problems  of waste management.
        Of significant interest to Section 208 Planners  is  the existence  of
authority for areawide waste  management planning.   Each  of  the States  in  the
sample has some form of enabling legislation.
        That the persons responsible for implementation  of  these laws  have
the ability to improvise, and so to provide the comprehensiveness  not  supplied
by the legislation, was apparent from the interviews.
        Every State but one has made provision for an advisory council, and
all but two have addressed the problems associated with  closing the land
fill sites.  California, Oklahoma, Oregon, Pennsylvania  and Washington have
provided a definition of solid waste that embraces the definition  of Residual
Waste currently used by the EPA.  New York's definition  of  solid waste is
almost as broad as that formulated by the EPA  for residual  waste.   The re-
maining States have provided  exceptions that may  prove to be important.
Eight of the twelve States DO  INCLUDE sewage sludge in their definition of
solid waste, which is encouraging.  A reason for  the narrower  definition  may
                                   2-2

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be that those parts of the total residual waste load which are not covered
under the Solid Waste Acts, are controlled and defined by a number of other
agencies of the State;  e.g., Departments of Agriculture,  Mines or Health.
        A number of subject areas are not covered in the solid waste or
water resource law of some States in the sample.   It is possible that a
regulation is in existence under one of the laws  of that State which was
not included in this review.
2.5     Provisions for Hazardous and Toxic Wastes
        The substantive area in which the greatest disparity was found is
the differences in approach that were used in  classifying the wastes which
can be safely disposed in an ordinary site versus impervious bottom
landfill sites.  All of the States in the sample, except Colorado, Connecticut,
New York and Washington,  have a regulation that differentiates between
ordinary (inert)  wastes,  and special  (either oily, hazardous or toxic) wastes
that must be given special handling.   In the four States where no spe-
cific regulation of special wastes was found,  interviews with State offi-
cials indicated that the  special (hazardous, etc.) wastes are treated on
a case by case basis.  Many States are without adequate "safe sites" and
must rely on out-of-state disposal or temporary storage as their only solu-
tion to the hazardous waste problem.
        The problem of hazardous and toxic wastes was presented in depth
in a 1972 study by the National Association of Counties (2-1) and the solu-
tions suggested therein are discussed in Chapters III and V of this report.
From the standpoint of a  Model  Residual  Waste  Management Act, a set of
nationally accepted definitions would be very  useful.  California has
developed definitions for four categories of wastes and three classes of
landfill sites.  These are presented in Chapter IV and discussed in Chapter
V as part of the recommended Model Legislation.   These definitions could
be used as a point of departure for a set of State EPA definitions
which might include:
        •  Ordinary wastes - inert, non-toxic, (will have no
           effect or negligible effect on water quality)
        •  Special wastes - oily,  putrescible, (will have minor
           effects on water quality)
                                   2-3

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        •  Hazardous wastes,  (will  have a  significant  effect
           on water resources)
        •  Extremely hazardous  wastes,  (has  potential  for cala-
           matious or irreversible  effect  on water quality)
For each of these categories  standard handling and disposal  procedures could
be worked out among the several  States.
                               REFERENCE

(2-1)    "Basic Issues on Solid Waste Management Affecting County Govern-
         ment," National Association of Counties under EPA Grant #S-80229^,
         May, 1973-
                                    2-4

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                               CHAPTER  I I I

      PROBLEMS ADDRESSED BY THE MODEL RESIDUAL WASTE MANAGEMENT ACT

3.1    Essential Elements of a Legislative Enactment
       Using the premise stated in Section 1.8, that if there were no
problems to solve by legislation, there would be no need for laws, an
attempt  is made here to present the rationale for each of the sections
included in the proposed Model  Residual Waste Management Act.  Many
sections have a very legalistic basis for their existence, and other
sections relate to specific residual waste problems, which are described in
various 208 planning grant applications.  This Section (3-1)  deals with
the legally, or customarily, required elements of u law.  Section 3-2 deals
with the need for specific solutions to waste management regulatory problems,
and Section 3-3 deals with the need for legislation to encourage resource
conservat ion.
3.1.1   Planners Role in Preparing Legislation
       It is expected that many 208 planners  will  participate in the tech-
nical  aspects  of proposed statutes,  regulations  or ordinances (or revisions
thereto)  in the course of developing a viable waste management  plan.   It is
hoped that this method of presenting the rationale for the model will  provide
some insight into the necessity for the type of formal  language used
by writers of laws and regulations.   While the planners and the
professional staff of the waste management operating entities will  be
called upon to contribute information for new legislat ion,the assistance of
legal  counsel  should be obtained in preparing  drafts  for enactment by a
legislative body.
3.1.2  Relationship between Statutes,  Ordinances and Regulations
       A statute is a law which is a legislative enactment of a Sovereign
State, or the United States.  This includes the Federal  Government and each
of the Several  States.   An ordinance is a law and  is the legislative enact-
ment of a municipality, either a county or a chartered (home rule)  city,
which is empowered by the state to legislate in specified subject areas. The
statutes are enacted by the U.  S.  Congress or State Legislatures and
ordinances are passed by Boards of Freeholders,  Boards of Supervisors, City
Councils, and,  in some instances,  by the Governing Board of Special Districts.
       Rules and regulations are promulgated, after notice and hearings, by

                                     3-1

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administrative agencies, in accordance with guidelines established by an
appropriate legislative body.
       The rules and regulations may cover only the subject matter specified
in the enabling legislation which delegated rule making authority to the
agency.
       Regulations promulgated by an authorized agency have the same force
and effect as a law passed by  the legislative body delegating the rule
making power to the agency.  The subject matter of the regulations, usually
the how, when and where aspects of the overall  regulatory scheme that is
authorized in the enabling legislation, may be made an integral part of
the law in some states.  At the municipal level it is not unusual to
find that the regulations have been passed or enacted by the Board of
Freeholders, Supervisors or Council, and are, in fact, part of an ordinance.
3.1.3  Choice Between New Law and Regulation
       A regulation can be revised (with Notice) to reflect, new experience
much more easily than a statute or an ordinance, and the regulations
are written by persons with technical expertise in the residual waste field.
These are the principal reasons that this  type of legislative authority is
delegated in the first place.
       The thrust of the search for applicable effective legislation did not
permit the research team to discriminate against a useful provision because
it was "only  a  regulation," for, in fact, other states have similar pro-
visions that are part of the statutes.
       If the planner,  or  areawide waste management activity,  finds  that the
legislature has passed an enactment under which an existing agency of the
state  is empowered to make the regulation or rule  required  to  implement
the plan,  interaction  with this State  Agency will  probably  produce
the needed authority.  A regulation is to be preferred over a  statute
because of the initial  ease of passage and the greater freedom that the
technical experts have to modify the rule,  if  required.
                                      3-2

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 3-1.^  Governmental Levels at Which the Law and Regulations
       Are Enacted and Enforced
       Before the planner seeks a new  law or regulation, he must be satis-
 fied that the act or regulation that he needs does not already exist.
 States have adopted a variety of control strategies, and the required authority
 may be set forth  in the water quality  acts, solid waste acts, public health
 acts, or environmental protection acts, to name just a few.  In some juris-
 dictions the required authority exists because a court found it to be
 implicit in another act.  In some jurisdictions, expressed limitations on
 dumping that are contained in a solid waste act are not even used because
 the regulatory authority granted in the water quality or public health acts
 provide a more effective method of controlling promiscuous dumping.
       The combination of enactment/enforcement powers that are exercised
at the state and county levels  only,  or at  the  municipal  level  (whether it be a city
 °r a city/county), are shown in Exhibit 1.   This will provide the planner
 with some insight as to where he may look for an existing law.   The planner
 may obtain additional assistance from  the offices of the City Attorney, the
 County Attorney and the State Attorney General.
 3-1.5  Problems Addressed by the Standard Sections of Environmental
       Management Laws
       The following provisions are most often found in legislative enact-
 ments (statutes and ordinances), as opposed to regulations, but the problems
 faced by the legislators are often present when a regulation is being prepared.
       3.1.5.1  Pol icy Declarations
       The  declaration of policy, which  is usually the opening paragraph
 of a  law, serves  several  important purposes.   It provides the courts and
 the citizens of a community with the official public policy, as announced
 by the legislative body of that community, regarding this particular pro-
 blem.  When  interpreting this  law the  courts can be expected to apply a time
 honored  (3-1) practice of searching for the meaning that advances the policy stated
 by the legislature.  The policy statement also establishes a constitutional  right
 to legislate on this subject.  The most common basis for legislative action
                                     3-3

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 is  the exercise of  the  states' police power  (power to protect  the health,
 safety and welfare  of the citizenry) and  its power to levy  taxes to  raise
 revenue.  While a court of  law may find that an enactment does, or does not,
 meet  this constitutional requirement, irrespective of the policy or  stated
 purpose of the legislation,  it has become customary for  legislatures  to
 state that the purpose of this law is to "protect the public safety,  health
 and welfare" of the citizens,  i.e.,  it  is an exercise of the police  power of
 the State.
       3.1.5.2  Definitions  Used  in  the Laws
       There are two problems which  legislative bodies attempt to avoid by
 providing adequate  definitions of their terms; the first is the consti-
 tutional prohibition against "vagueness"  (3~2) and "overbreadth" (3-3),
 and the second involves the  propensity of the courts to  utilize the  ordinary
 lay definition of  technical words and phrases unless the law makers
 have  made it clear  that the  terms in the  law are to be  interpreted  in  their
 special, technical  sense, as shown in the definitions section.
       The constitutional problems involving vagueness  come to the  forefront
 when  the court is asked to enforce a penal  section which an ordinary citizen
 (in  the opinion  of the court)  would  have difficulty understanding. The over-
 breadth problem is  encountered when  a law prohibits conduct beyond  that
 which is necessary  to achieve  the stated purpose of the  enactment.   The
 most  serious cases  usually  involve the  infringement of  a constitutionally
 protected right, such as the right of Free Speech.  An  example of a  finding
 that  a law is  unconstitutional for "Overbreadth,"  is found  in  some  Litter
 Control Ordinances.  (3-4)  (3~5).
       A wide  variety of definitions are used in the laws of the 12  states
 reviewed and the basis of these differences are not always  apparent.   To
 provide the planner with the widest  choice of terminology,  the definitions
 from  all of the laws are alphabetized and presented  in  Appendix A of  this
 report.
       3.1.5-3 Authority ••
       This heading is  used  to designate a group with the primary respons-
 ibility for developing  the  residual  waste management plan.  This group is
"Sections 3.1.5-2 through 3.1-5-12 are summarized from Sections 6 to 17 of
 "Suggested Solid Waste Management Ordinance for Local Government."

-------
necessary to coordinate residual  waste efforts on an areawide basis,  and,
because of the special  expertise required, a legislative body can feel
free to delegate authority which it could itself, constitutionally exercise.
       3.1.5.^  Enforcement Agency  (For State or Local Laws)
       This section is  used to delegate authority and responsibility for
insuring compliance with the waste regulations and laws.  Enforcement could
be the responsibility of a group concerned solely with residual waste or a
group enforcing all environmental laws.  But the problem to be resolved,
regardless of who enforces, is one  of ensuring that someone does have a
clear delegation of authority to enforce the law.
       To delineate the duties and authority of the group given primary
responsibility for administration of a waste management ordinance, this
section specifically outlines this authority and responsibility.  Much local
authority must be exercised with the approval of, or in conformity with, state
authority.  Powers and duties of the agency should be delineated to avoid
confusion as to what the agency can and must do, and to prevent overlap with the
authority of other agencies.  This section may describe in detail the powers
and duties of the Administrative Department.  This must be done  in cooperation
with the Enforcement Agency and an Advisory Board; the plan must be
compatible with the State  Plan and submitted to the State for  its comment
and approval.
       3.1.5.5  Define Planning Functions
       The legislative body, when it delegates some of its own authority, is
expected to provide guidelines within which the delegated authority is to be
exercised.  The legislative enactment must, therefore, specify what the Manage-
ment plan will show.  All present management activities and recommended acti-
vities for future use must be taken into consideration; i.e., population growth,
waste generation, land development regulation system, management aspects such as
organization,  financing and regulatory capabilities, and qualitative and
quantitative increases  in the residual wastes expected to be generated from
residential, commercial,  industrial  and agricultural sources.
       3.1.5.6  Rule Making Authority
       Specific language is required to provide to the agency responsible for
                                      3-6

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administration of residual  waste plans and ordinances the authority to
regulate and make necessary rules.   The California Government Code, Chapter

4.5, Rules and Regulations,  §11272 and 11374,  are typical of state laws that

limit agency powers to those specifically conferred by a statute.

       3.1.5.7  Powers and Duties of Agency

       The State constitution and enabling laws of State legislatures must
be taken into account in defining the duties of either a state or  municipal

agency.  The requirements or minimum standards  set forth in Federal or State

laws may preempt a lower echelon body from acting at al1, or may require that

the standard established be equal to or higher  than the standards  incorporated
in the Federal or other State law.    The  purposes of the  "Powers &  Duties"

Clause  are as follows:

       (a)    To specify  how the  responsible agency must conduct contract
             negotiations  before committing to  a  contractor for collection,
             disposal, etc.   Here the agency  is after legal  and policy
             approval  of contracts,  as well  as  guidance on  contents  of
             contracts.

             All  contracts  shall  meet the  following requirements:   be
             with consent of local  legislative  body;  prior  approval  by
             Chief Legal  Officer; be for  not  less than  "X"  years and
             not  more  than  "Y" years;  meet  all  insurance  requirements
             of ordinances,  and  be  awarded  to lowest  qualified  bidder.

       (b)    To give the agency  responsible for overall waste management,
             an ability  to  create local authorities  for dealing directly
             with  the management  of  residual  waste.   The more localized
             the  implementing authority is, the closer  the  problems
             can  be  analyzed and worked.

             The  director  may be authorized to  create one  or more waste
             management  districts within the  boundaries of  this locality
             to provide  for  efficient  and economical  disposal.

       (c)    To determine the most economical number  of contractors  to
             serve a given  locality  and to  issue  permits to  qualified
             contractors  in  the  numbers desired.   This  prevents
             duplicative or  uneconomical arrangements.

             The  director  shall  determine  number  of contractors needed
             to serve  each  locality and issue permits to  qualified
             contractors.

       (d)    To allow competitive interaction and  negotiation between
             private contractors and  their  customers.
                                      3-7

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              The  director  shall not  set any  service charge  for  non-
              residential  waste management  by  private  contractors.

        (e)    To develop a means of controlling disposal  from in-
              dustrial,  commercial  and agricultural  generators  and  to
              develop information on wastes while allowing industry to
              develop their own waste management program.

              To  issue  permits  for  storage, transport, processing  and
              disposal  of wastes by the generator thereof.   The  director
              shall  prepare application forms  for all  such permits,  re-
              quiring  information on  name  and  address  of  applicant.

        (f)    To insure  that al.l wastes are collected  by  the  contractors
              or agency  collecting  in the  area so that  no collectible
              wastes are disposed of in an  unapproved  manner.  The
              permit reference may  allow private industry to  develop its
              own waste  disposal plan.

              All generators of wastes other than those operating
              under an approved permit shall  use the services of the
              local government or contractor for the district in which
              such waste is generated.

        (g)    To provide enforcement tools  to  the agency,  it  is usually
              permitted  to issue citations.  In all  actions  involving
              permit holders .. the enforcement agency  shall  cite the
              violator to appear before the Administrative Department ..
              provided
              In all instances ...  where inspection  	  reveals
              violations of the laws of the state, ordinances of the
              localityT^or rules and regulations established  by the
              enforcement agency or when the enforcement  agency is
              aware  of  such violations, the violator shall be  cited to
              appear in  the Superior (Supreme  or Municipal)  Court at
              a date and time  shown on the  citation.

        3.1.5.8  Permit  Issuance Authority

        The permit  is the most basic and pervasive element of a regulatory
scheme.  The applicant is required,  as a condition of  issuance for  the  permit,

to agree to comply with  all  laws, rules and regulations and  to maintain

certain records and to allow inspection at  reasonable  times  (e.g. during

regular business hours)  of the facility and records  that  are  required to be

maintained.

        Enforcement of the law  is made possible by this right of inspection

and made economically feasible by the summary procedures  provided
                                       3-8

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for revocation of the permits.  Note that unless there is an immediate threat
to the public health, the permit revocation procedure does call for meeting
"due process" requirements, e.g.: Notice and opportunity to be heard.  This
is discussed under the "Notice and Hearings" heading, infra.
        Permits also provide the basis for collecting fees that defray
the cost of necessary inspection and other compliance measures.  Other uses
include the collection of information regarding composition, quantities and
place of disposition of wastes, and when private waste disposal companies are
relied upon to collect residential refuse, the permits control unnecessary
overlap of franchisee routes.
        3.1.5.9  Notice, Hearings, and Judicial Review
        The due process clause of the fifth amendment to the U. S. Consti-
tution, as it has been interpreted by the Courts, requires that parties
affected by an administrative action (which includes both the rule making
and enforcement functions), is entitled to "notice and an opportunity to
be heard."  The manner in which the due process requirement is met varies
from state to state.  The procedure to be followed in giving notice to
affected parties, providing for an administrative hearing and an appeal to
the courts, is sometimes set forth in each statute or regulation that affects
members of the general public.  Some states have codified the notice, hearing
and review procedure in their Administrative Procedures Act.
        3.1.5.10  Injunctions to Abate any Threat to Public Health
        A need often exists to obtain speedy relief from an unsanitary dis-
posal  operation, and many regulatory laws permit the regulatory agency,
after it has requested abatement of the nuisance, to apply to the court for
a Temporary Restraining Order (TRO), pending issuance of a permanent injunction.
Because an injunction is a request for EQUITABLE RELIEF, most states require
the petitioner for an injunction to show that the damage being caused by the
offender is irreparable, and that  the petitioner has no adequate  remedy at  law.
        California,  at least, has made provision for  waiving the  usual  equitable
requirements for a showing of irreparable harm and inadequateness of the legal
                                       3-9

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remedy, and permits issuance of a Summary TRO that satisfies the need for
truly speedy relief where an offender is endangering water quality.  (3~6)

        The provision for a Summary TRO can only be made by the State Legis-
lature.  Typical  language used by a municipality is:

        "Injunction - in all cases where a violation ....  creates an
        immediate threat to safety, health and welfare or environment.
        The Agency shall cite the violator ... and order correction  to
        begin forthwith.  If such corrective measures are not taken
        The Enforcement  Agency shall  notify the Chief Legal Officer
        who shall immediately apply to "X" court for an injunction."

        3.1.5.11   Advisory Boards

        Advisory  Boards  are used to bring a broader range of abilities  and

interests to the  permit  and regulation process.  This fosters public interest

and participation and brings the non-bureaucratic view into decisions affecting

the area.  A typical legislative provision for such a board would include the

fo11ow i n g:

        Appointment ...  by majority or local legislative body ...
        Terms .... four  years with staggered initial terms
        Organization and meetings


        Duties ... shall advise in preparation of a Waste Management
        Plan ...  may review permit applications and recommend revisions ...
        Shall attend all hearings on rules and regulations ...  and may
        make recommendations to the Director.  Shall attend hearings on
        rates, ...
        May attend hearings on complaints ...

        3.1.5.12   Establishment of Title to Residual Wastes

        A problem may develop where scavengers collect segregated wastes, such

as paper, glass or metals that were put out for collection by an authorized

materials reclamation contractor, perhaps under a franchise from local  govern-

ment.  Under common law  principles, the materials placed outside of the

property controlled by the property owner, e.g. at the curb, are considered to

be abandoned by the previous owner.  In the absence of law that  indicates

the  point  at which  title  changes,  and prohibits  the  gathering of wastes

by other than  franchised  collectors,  the  intent  of  a 'city  or region-wide

reclamation  project  may  be  thwarted  by  persons  that would  collect the  material
                                        3-10

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for sale in the open market.  A sample statement might read:
        Title to Waste - In absence of agreement to the contrary,  title to
        all  wastes shall  rest in the owner of each management activity
        or facility in which waste is placed.
        3.1.5.13  Need for Public Participation and Public Education
                  Regarding Residual  Waste Facilities Requirements and
                  the Public's Role in Reducing Waste Burdens
        In addition to public hearings on specific regulatory actions and
public participation on an advisory board, both of which involve a small
fraction of the population, the planning decisions should reflect the mood of
the citizenry that may ultimately vote on the bond issues required to bring
the plan to fruition.   The legislative action required will come from the local
government and may be in the form of an allocation of funds along with
specific guidance regarding ways and means of communicating the plan to the
public.  Specific statutory language is lacking in this field, but the elements
of the required program are contained in the EPA publication, "Developing a
Local and Regional Residual Waste Management Plan."  (3-7)
        3.1.5.1^  Statutory Provision for Area Wide Waste
                  Management Faci1i ties
        The frequently encountered desire of municipalities to guard the
prerogatives of "Home Rule" and the State's occasional reluctance to finance
inter-county facilities, come into direct conflict with the statewide shortages
of land disposal sites and the economic fact that many approaches to resource
reclamation require large volumes of waste to operate efficiently.
        The optimum legislative solution appears to be a combination of inter-
municipal agreements along with State legislation that mandates the development
of area wide residual  waste planning. (3-8)
        A number of States have recently legislated on this issue, including
California (3-9),  Colorado (3-10), Connecticut (3-11), and Oklahoma (3-12).
For a complete description of the range of optional governmental arrangements
for cooperative waste management facilities, see EPA Report SW-^7~ts, "Inter-
Governmental Approaches to Solid Waste Management-(3-13)
                                        3-11

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         3-1-5-15   Bonds  and  Insurance Provisions
         Private contractors  engaged  in  hauling or disposal operations  can
 be  expected  to  insure against  the  risks  that are  inherent  in  their  business
 operation  and to  post a  bond insuring that  they will  faithfully perform  the
 services for which  they  have contracted.
         Performance bonds are  usually required by State  law to protect the
 governing  body  in the event  a  contractor defaults.  Each performance bond
 will  have  a  time  limit set out  in which  a claim must  be  reported  to the  insur-
 ance  company.   Failure to notify the company in that  time will void the  policy.
 All  insurance policies should  be reviewed periodically so  that the  rights
 of  the  locality can be protected.
        This section could be expanded  to require  a  performance bond of all
permit holders who discontinue their activities before the expiration  date
of the permit, assuring continuance of  the activities  covered  thereby.  (3~1^)
        Considering the continuing liability of persons who use their  land
for disposal  of  wastes,  a bond may  also  be required  as a  condition of  a permit
that will serve  to assure the indemnification of  anyone who is damaged as a
result of the waste disposal  operation.   Such a bond may  be required to
guarantee clean-up or provision of  an alternate water  supply in the event
the land fill later leaches  deleterious  materials.
        3.1.5.16  Need for Technical  Clauses Dealing with Repeal,
                  Saving  and Severability
        3.1.5.16.1  Repealers.   This section is  used  when a new law super-
sedes sections of an existing law.   This is  in  effect  an  amendment to  existing
laws and should  be accorded the same care in construction as any other amend-
ment to a law.   In some statutes there  is occasionally used an "Omnibus
Repealer,"  which states that "Any provision  of  an  existing law which is  in
conflict with this provision is hereby  repealed."   An express  repealer clause
is not needed if,  in fact, no preexisting   law is  affected.   If other laws are
to be repealed,  they should be clearly  delineated  as to chapter, sub-chapter
and section.   If your new statute is not reconcilable with an  earlier enact-
ment, the courts will find that the earlier one was impliedly repealed by the
                                       3-12

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         3.1.5.16.2   Savings Clause.  This is ordinarily a part of the re-
pealing provision, and it is intended to "save" rights, pending proceedings,
penalties, etc., from possible annihilation which could result from the un-
restricted repeal of the previous statute.  State v.  St.  Louis, 174 Mo 125.
This means that if the City Attorney or District Attorney is in the process
of prosecuting a landfill operator for violation of an ordinance or statute,
and a new law is passed that does not specifically "save" such actions commenced
under the old law, all of the prosecutor's work will  have been lost; he must
then begin again under the new law.  This would be true even if the new law
provided similar penalties for the offense being prosecuted under the old
law.  Davis v. General Motors Acceptance Corporation, 176 Neb.  865 (1964).
         3.1.5.16.3   Severabi1ity Clause.  This is also referred to as
"separability," and is used to express the intent of the legislative body;
if one or more sections of the enactment are found to be void by a court, then
the other provisions of the law shall remain in force.  Such provisions are
of questionable value for several reasons:

        (a)   If a court finds that a provision is inseverable,  the entire act
             will  be struck down, the severability clause notwithstanding.
             The U.S.  Supreme Court took such action  in Williams v.  Standard
             Oil Co. ,  278 U.S. 235 (1929).
        (b)   If a court heeded such a request by the  legislature in every
             instance, it is possible (but not probable)  that the only
             section of an enactment which would survive disection by the
             court would be the  repealer clause.   This could lead to the
             dissolution of all  the law that this jurisdiction  has on the
             books dealing with  waste management, (3~15)
        (c)   The courts can  be expected  to interpret  or construe  the  enactment
             in  such a manner  that  minimum violence will  be  done  to  the part
             which  is  salvageable and that part of  the law will  continue to
             serve  until  the legislature  passes a new bill.
                                        3-13

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3.2     Problems Associated with Material Conservation and Disposal of Residual
        Wastes

3.2.1   Land Disposal  of Residual  Wastes

        3.2.1.1   Need For Control  of Materials Going to a Landfill

        Fire, explosion, generation of toxic gasses and dangerous levels  of

radioactivity are hazards which can best be avoided by close control  of the
nature of material  being placed in the landfill and, for some materials,

control of the method  of placement, and precise location of the materials

within the landfill.   Such controls would include:

        (a)  Notification of possible problems by responsible parties at  the
             source of the wastes;  waste generator  should provide a descrip-
             tion of the materials being deposited  in landfills,.

        (b)  Knowledge of disposal  problems by waste transporters; also
             knowledge of the contents of each load and of reactions  to
             anticipate when incompatible materials are mixed, e.g. sodium
             cyanate with waste acid.

        (c)  Knowledge on the part of the land disposal site operator of
             hazards and problems;  he should know how to perform certain
             tests and have equipment to do so; he  should be authorized to
             turn away loads that are not acceptable and should keep track of
             the location of flammable and other hazardous materials that could
             affect water quality and that might also endanger the safety of
             site operations personnel.  Site operators should be trained to
             cope with these emergencies and there  should be a contingency
             plan with the local disaster agency and/or fire department to
             respond in the event of an explosion or conflagration.

        Legislative authority having a bearing on the above could encompass:

        (a)   Identification of substances by source  in a bill of  lading.

        (b)  Licensing of waste transporters,  including provision for train-
              ing and testing of truck operators.
        (c)   Identification of substances at disposal area by bill of lading
             from source.
        (d)  Licensing or permitting of  land disposal areas to  include train-
              ing of personnel  in the  identification  and proper handling of
             wastes.
        The  authority should also  include the  ability on the part of the regu-

latory agency  to obtain  records on the  source  of industrial wastes, types,

volumes and  the dates on which wastes were disposed  into each disposal  area.

This  could be  done routinely,  as part of the permit  or monitoring program.

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        3.2.1.2   Pesticide Containers
        Pesticide containers are a subject of special interest in many states,
such as California, which have a large articultural  industry.  The containers,
unless washed and rinsed, should be disposed of only at a toxic waste disposal
site, and should be buried, not burned.  Washwater wastes must be brought to
a designated transfer station for removal to a safe disposal site, rather than
being discharged at the farm.  If these containers are washed at a cooperage
or at the manufacturing plant, the same rules should apply.   Regulatory auth-
ority should encompass surveillance of use of pesticides in the area and, from
that, develop information on use of containers, their disposition, etc.  The
waste management agency should also plan for separate burial areas within a
hazardous waste site.
        3.2.1.3   Incinerator Ash or Pyrolytic Char
        Because of potential heavy metals content these substances should be
considered hazardous or toxic wastes.   Either the regulatory or waste manage-
ment operating agency should be authorized to determine the quality and quantity
of ash and char offered to it for disposal in order to pass  judgment on the
method of disposition, or to recommend the most appropriate  methodologies for
the region.
        3.2.1.4   Hazards to Public and Wildlife
        Physical hazard to public by entry upon disposal site is not an esoteric
problem, but one which can easily be overlooked.  Children or adults wandering
onto disposal sites pose a real  public safety problem.   Regulatory authority
to require effective exclusion of the public by secure fencing should be ex-
plicit in state and local  legislation.
        Wildlife, particularly birds,  can be quite vulnerable to the danger
from land disposal  of certain hazardous or toxic wastes.  Terrestrial animals
can, for the most part,  be excluded by good fencing.   Birds  are another matter.
No one has found the solution for protecting waterfowl  and other aquatic birds
from landing on ponds of waste oil, acids, etc.  When such a solution is found,
the regulatory agency should be able to implement it  in that jurisdiction.
State and local  law should authorize the permitting agency to call for the
installation of new facilities as necessary to protect animal  life.
                                  3-15

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        3.2.1.5   Need for Monitoring of Groundwater
        Monitoring of groundwater by sampling and analysis of chemical  content
is of utmost importance.  The law should enable or require the imposition of
a self-monitoring program upon the operating agency, and the regulatory agency
should also be authorized to carry out its own check monitoring upon each of
the sites.  Elements of the monitoring program should include:
        (a)  Pre-discharge hydrology and water quality.
        (b)  Selection of sites and placement of sampling wells and instruments.
        (c)  Periodic taking of samples and analyses by  the operator.
        (d)  Reports by operator to agency.
        (e)  Periodic tests by agency.
        3.2.1.6   Pollution of Ground Water
        Groundwater pollution, once it occurs, is very persistent, can be highly
hazardous  in the case of toxic wastes, and will adversely affect water uses.
What does the regulatory agency (either a water quality  board, the Health Depart-
ment, or State Environmental Protection Department)  do, should groundwater pollu-
tion be detected at a land disposal area?  The agency should have remedial
authority under state and local law.  It should be able  to move against the
site operator or, if that is not possible, to take necessary remedial  action
itself, since promptness may be required for the protection of water supplies.
There may be a need to intensify sampling efforts, including construction of
additional monitoring wells to trace the course of the pollution; there may
be need to study the resulting data and issue warning reports to users of ground
water, and there may be need to find and plan substitute water supplies for
affected parties.  It is even conceivable that the polluted groundwaters may
have to be extracted and treated to remove pollutants, which could be a large
and costly undertaking.
        The law should authorize the regulatory agency to require the operator
to carry out studies and remedial action or, that not being possible, to have
the work performed with provision made to collect the cost of the work from
the operator.  At the same time, the law should specify  that the operator is
vulnerable to civil and criminal penalty for polluting the state's waters and
that the aggreived parties may collect damages.
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3.2.2   Need for Control of Land Used for Disposal Sites
        3.2.2.1   Variances and the Grandfather Clause
        Economic and geographic realities will  lead to numerous compromises
between that which the planner knows is required, and that which is possible
to attain.  To prevent multiple uses developing for the existing non-conforming
private disposal sites, the variance should specify both the effluent limita-
tions (by quantity) and the specific persons entitled to make use of the
facility.  Each variance must be reviewed, at least annually, to establish its
potential for water quality degradation.  A definite time limit should be
established for discontinuance of the non-conforming disposal practice,  even
if it must be extended upon showing of good cause.
        3.2.2.2   Control of Land After Use as  a Hazardous Waste Disposal Area
        The completely full hazardous waste disposal site is not as amenable
to future use as,  for example, the completely full sanitary landfill for
ordinary wastes.  A regulatory agency should be granted authority to:
        (a)  Specify procedures for the proper  manner of closing a site  to
             assure that it presents no future  hazard, e.g.  deep burial  by
             extra layers of an engineered fill material as final cover,
             fencing, posting and making appropriate notations on title
             records on file with the county recorder.
        (b)  Require owner/operator to continue monitoring after closure,
             since threat to groundwater will remain for many years.
        (c)  Carry on its own supplemental monitoring program.
        (d)  Prohibit any further use of the land occupied by the site or
             specify what uses may or may not be made after different periods of
             time  have elapsed.
        (e)  Control  of material  that may be carried off the site for dis-
             position elsewhere,  in the event that use is to be made of  the
             site  after such removal of toxic substances.
        (f)  Carry out remedial actions, as above, in the event of ground
             water contamination.
        To avoid the need for reliance upon the common law tort remedy,  which
in most jurisdictions would provide for holding the site operator "strictly
liable" for damages to others, resulting from the presence of the disposal acti-
vity on his land,  the statute should clearly fix responsibility to assure
that proper protective measures are taken to safeguard water quality after the
completion of disposal operations (as does the  California Administrative Code
§2535(c)).

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        3.2.2.3   Conservation and Utilization of Impervious Bottom Sites
        Residual waste disposal sites that have satisfactory permeability char-
acteristics are usually difficult to find.  Consequently,  approved sites
should be considered to have high value and should be protected against over-
utilization for disposal of other types of waste material, i.e. household solid
wastes, inert construction wastes, etc.  Without such protection, it is con-
ceivable that new or established impervious bottom residual  waste disposal  sites
will have to be terminated long before the end of an otherwise useful  life as a
toxic and hazardous waste disposal area.
        The regulatory agency should be granted authority  to restrict  the types
of material that may be placed in an approved residual  waste disposal  site to
those specific residual wastes requiring such special disposition.  A volumetric
ratio of solid to liquid wastes should also be specified.
        3.2.2.4   Inventory of Potential  Residual Waste Disposal Sites
        Selection of a satisfactory disposal site involves examination of a
number of technical  parameters through a somewhat complicated analytical process.
Not every industrial plant or landfill operator  is willing to spend the money
to search out, identify and investigate potentially satisfactory sites prior
to disposing of residual wastes on the land.  This leads to the conclusion that
promiscuous dumping will continue unless a regional or state agency takes the
lead in the identification of satisfactory land disposal areas throughout its
jurisdict ion.
        As a first step, a regional or statewide water quality or waste manage-
ment agency should be authorized and funded to conduct reconaissance level
studies, resulting in establishment of an inventory of apparently satisfactory
sites.  The study should encompass the existing and projected  industrial land
uses in the region in order to relate waste sources to disposal locations, as
well as the usual individual site parameters.
        After the initial reconaissance, two separate courses of action may
be taken:
        (a)  A statewide agency does  in-depth investigation of site(s) when
             use  is proposed, prior to issuance of permit, or
        (b)  person proposing to operate the site does the  investigation as
             part of an application procedure.
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        Appropriate authorization should be granted to the regulatory agency
to enable it to conduct the in-depth study or to see that the study is pro-
perly carried out by another party before site use begins.  There should also
be legislative provisions (for ecological zoning) at both state and local level,
to empower a regulatory agency to exercise a reasonable amount of control over
land uses in the vicinity of future disposal areas in its inventory.  Without
"Buffer Zones" impervious sites may be consumed, or otherwise encroached upon
for other purposes, and they will be lost to the use for which they may be most
valuable.
3.2.3   Waste Piles and Tailing Drainage
        Assuming the 208 planning study will develop an inventory of existing
and potential waste pile drainage and mine  tailing drainage  locations, this could
lead to the identification of existing or threatened effects upon surface and
groundwater quality.   Thus, guidance can be given to management agencies, and to
the owners of such waste piles, regarding "best management practices" to prevent
such drainage from reaching water supplies.  Regulatory agencies should, therefore
be authorized by law to conduct inspections of yard and mine tailings drainage
and monitoring data to formulate plans for  the prevention and control of run off,
and to disseminate such  information to indivdual owners and  to other public
agencies   that will be affected thereby.
3.2.^   Industrial Wastes, Control  of Sources & Disposition
        3.2.4.1   Inventory of Waste Loads
        A prerequisite for an industrial  residual waste plan is an accurate
estimate  of all  industrial wastes produced  in specific areas of the region.
Secondly, the present disposal practices of the region's industrial operations
must be determined and documented.   An estimate should also be obtained as
to the quantity of such waste that is currently disposed of outside of this area.
With this information, alternative plans for the effective treatment or dis-
posal  of these wastes may be developed and evaluated.
        The inventory of industrial  waste streams in the region should produce
the tons  or gallons per year of each of the following classes of waste.  Effec-
tive reuse and disposal  plans will  also require the location of the source of
the major portion of each of these groups of wastes:
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        (a)  Toxic inorganics,  heavy metals;
        (b)  Toxic organics;
        (c)  Oils, oily wastes:
               Industri al
               Motor Oi1
               Oil field,  refinery and transportation residues
        (d)  Solvents,  volatile  organics
        (e)  Acids, alkalies, brines
        3.2.4.2   Control  Strategy for Industrial  Wastes
        After an inventory of waste loading and present site usage is completed,
a logical  approach to solving the problem of industrial wastes,  much of which is
currently  disposed of into the public sewer or onto private land,  is embodied
in the following six step  procedure:
        0)  The adoption  and stringent enforcement of rules for discharges
             of liquid  hazardous wastes.
        (2)  Acquisition  and development of a "safe" interim landfill site
             for the immediate acceptance of the major portion of  untreated
             liquid type  hazardous wastes.
        (3)  The design and initiation of a waste exchange or reuse program to
             encourage the conservation of organic and  inorganic chemicals.
        (4)  The sequential construction and operation of a modular central
             treatment  plant; first for the largest bulk of liquid hazardous
             wastes (the  heavy metals), followed by the sequentially named
             groups listed above.
        (5)  Development  of safe sites adequate to receive long term solid and
             liquid waste residues from these treatment facilities.
        (6)  Development  of reuse incentives and disposal controls to assure
             proper disposition  of industrial, hazardous waste streams.
        3.2.4.3   Tank Cleaning  Wastes
        Tank cleaning wastes can originate in specific  industrial  operations, at
ship terminals and Naval  activities, in railroad yards, in truck terminals and
in gas storage plants.   In many  cases, the wastes are hauled to a  land site
for disposal as residual  wastes.  Only sites duly approved as hazardous wastes
sites should be used.
        In areas with such activities, the 208 planning agencies would be well
advised to inventory all  potential and existing tank cleaning operations  in
their region.  A management agency can then set up guidelines for disposal and
to notify all parties with legitimate  interests.
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        Encouragement should be given to reclaiming the hydro-carbon content
as fuel or use  in new petro or petro-chemical products.  Tax write-offs and
or government certified bonds to finance new facilities to reclaim these wastes,
along with preferential treatment by government purchasing activities, would
be appropriate  subjects for legislation at the state level.
        3.2.4.*»   Used Motor Oil
        Used motor oil  is a particularly troublesome substance to deal with  in
a municipal sewage plant and may cause water problems when placed in a landfill.
It  is also a prime example of a reusable natural resource.  The region needs a
combination of laws that:  (1) prohibit its discharge into sewers or on the  land;
(2) repeal existing branding requirements that discriminate against re-refined
oil in competition with new oil; and  (3) passage of State and local regulations
that give re-refined oil a competitive edge in the market place by specifying
that governments will purchase re-refined oil.  The above measure would go far
to  remove this source of pollution, particularly as it affects sewage treat-
ment plants.  (3-16).
        The encouragement of full recovery and re-use of other residual oils,
such as that left  in the bottom of "empty tanks" - both land and water borne
(railway and tank truck) and tanker type vessels (which now pump the residue
overborad, outside the 50 mile limit) could also be accomplished by legislation -
again, by prohibiting dumping and offering to buy the processed residual  to fill
State and local energy needs. (3~17).
3.2.5   Dredged Material Disposal
        3.2.5.1   Pollution of Ground Waters
        In the coastal, riverine and  lacousterine areas, the land use or other
appropriate planning agencies should determine which upland sites are, or are
not acceptable for deposition of spoil on the land and this should be done in
advance of any dredging permit or other project authorization.   One obvious reason
is protection of wetlands.   Another is protection of aquifers,  which could be
polluted by the salt  water drainage from the spoil  or by polluting materials
(pesticides,  nutrients and toxic organics) in the spoil.  In the same areas
of the country, fresh water streams could also be polluted by saline surface
runoff from dredge fill operations.
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        3.2.5.2   Beneficial Use of Dredged Material
        It should be noted that dredge material has many beneficial uses, and
that advance planning is necessary to assure that a beneficial  use is made
whenever possible.  The U.S. Army Corps of Engineers  is well  qualified to pro-
vide assistance in finding such beneficial use.  Even low quality dredged
material mixed with coarser material  might be of value as "cover" lifts at
sanitary landfill  sites. (3-18)
3.2.6   Use or Disposal  of Sewage Sludge - Municipal
        3.2.6.1   Application Upon the Land
        Application of digested sludge, both dry and  in liquid form upon the
land, is currently receiving increasing attention as  an acceptable and bene-
ficial method of conservation.   The 208 planning agency should take cognizance
of the potential for any such activity within its region.  Recognizing that
application of sludge will  tend to add nitrogen, salts and possibly heavy metals
to the groundwaters, the 208 agency,  either alone or  in concert with State or
regional water quality control  and Public Health Agency should establish an in-
ventory of land areas that are suitable for and could be enhanced by properly
applied sludge.  The inventory of available, safe sites should be reviewed and
coordinated with the agencies involved in operating or regulating the sludge
producing facilities.
        3.2.6.2   Safe Application Rates
        The amount of sludge material that may safely be applied to the land
will vary depending upon soil conditions, rainfall, the rate at which a given
crop can assimilate nutrients,  and the amount of heavy metals and other sub-
stances present in the sludge.   Some State Health Departments have specified
safe rates under different conditions and other states treat land application
as experimental, permitting  it under a program of monitoring and reporting of
results to the State.  Where land spreading practices are not common, the ex-
perimental (permit) approach may assist in gaining public acceptance for such
a program (3~ 19).
        3.2.6.3   Sludge Ash
        Where sludge incineration (to reduce volume)  is practiced, disposal of
the char or ashes, which may have significant traces  of heavy metals, remains
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a problem.  Regulations for the control of disposal of this material may be
encompassed in hazardous waste disposal rules, if the heavy metal content is
high.  If the heavy metal content is negligible,  existing definitions of solid
waste may relegate this material to a special landfill area.
        3.2.6.**   Control of Nuisance
        Since liquid sludge, if not properly preprocessed,  can be the source of
strong odors when deposited upon the land, the waste management or regulatory
agencies should be authorized to promulgate and enforce standards of stability
for sludges so discharged.
3.2.7   Agricultural Wastes
        3.2.7-1-   Pesticide Containers
        This subject was covered under the discussion of hazardous wastes.
The regulatory agency should have authority to continually  inventory levels
of this type of waste in its region and to insure that the  bags and/or waste
water are being taken to an approved disposal site.  Moreover, the regulatory
agency should have the authority to maintain an overview of pesticide usage
within its region and the ensuing impact, if any, upon water quality.
        3.2.7-2   Organic Wastes
        Poor storage and disposal practices for organic agricultural wastes
such as manure, vines, silo drainage, can lead to serious problems with ground-
water nitrogen, eutrophication and anoxia of surface waters, increased salinity
of ground and surface waters, odors, flies, etc.  In appropriate areas, priority
should be given by the 208 planning agency to an  inventory  of all sources of
agricultural  wastes within its region; to determine specific waste loads; to
evaluate known effects upon surface and ground waters, and  to project further
effects.   The planning agency will  be expected to define acceptable agricul-
tural waste handling and disposal practices, where these constitute a threat
to water quality within its region.   It should also include this aspect of
waste management in the public participation program for promotion of these
practices through public education.
        The planning agency should also determine whether or not there is need
for organic agricultural waste disposal sites in  its region and to locate and
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protect such sites if the need is found.
        Many states have developed comprehensive programs regulating these
aspects of agricultural waste, and enabling legislation is probably avail-
able to obtain new regulations that may be required.
3-2.8   Construction & Demolition Wastes
        For the most part, construction waste is relatively innocuous, con-
sisting of broken pavement, stone, bricks, wood, plaster, dirt, asphalt tile
and shingles,  etc.  Its major problems are dust, unsight1iness, smoke and
rodent harborage.  Construction waste can unnecessarily consume area in
municipal solid waste sites and particularly in hazardous and toxic waste sites,
On the other hand, a place must be provided for the deposit of the inorganic
fill fraction and efforts should be made  to assure consumption of this residual
as useful material.
        The 208 planning agency should include estimates of construction and
demolition waste volumes in its planning  and provide the locations of proper
disposal sites to generators of such wastes.
3-2.9   Control of Transportation of Residual Wastes
        3.2.9.1   Waste Transport Vehicles
        Transportation of residual wastes in equipment that is not suitable
for the job or in defective equipment can be highly dangerous, e.g. acid
leakage or sludge spills on highways.  Specifications for the equipment and
procedures for its use should be reviewed, and maintained at the state level
because of mobility of the equipment.  Where states have thus far failed to
provide regulations specific to this problem, the Motor Vehicle or Health
Department should have some authority to do so.  The State should have an
agency to set standards, which would be applied against the source of the
wastes.  For example, if a piece of transportation equipment fails to meet
the standards, the waste producer would be prohibited from placing his wastes
aboard it.  (3~20)
        3.2.9.2.  Routing Over the Road
        Routing of intransit wastes of either the special, hazardous
or toxic classes, should be controlled in such a manner that a traffic acci-
dent or equipment malfunction  (including leakage) will not endanger water
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supplies in the area.  Permissable routing should also take into account direct
hazards to large numbers of people (downtown areas) and particularly children
(schools should be avoided).  Movement of particularly hazardous wastes may
also be restricted to daylight hours that do not coincide with peak traffic
congestion, as a further effort to reduce the probability of accidents.
        Hauling permits should prohibit use of roads in vicinity of reservoirs,
rivers and streams.  Trucks bearing hazardous or toxic waste should be required
to display an appropriate sign on front, rear and both sides as a warning to
other vehicles and to alert law enforcement patrol cars, in the event a truck
uses a prohibited route.
        3.2.9.3   Clean Up of Spills - Emergency Procedures
        Accidents in transporting hazardous wastes can lead to serious problems
of toxic impact on the public and on wildlife, pollution of ground and surface
waters, air pollution, fire, explosion, etc.  (These problems can also stem from
illicit dumping.)  Here, also, the planning agency should encourage waste haulers
and management agencies to work out contingency plans with highway departments,
fire and police departments, hospitals and similar groups to minimize the ad-
verse consequences of accidental  dumping of hazardous wastes.   Preventive
action in the form of licensing programs and generating awareness among waste
producers,  transporters, and site operators, as already mentioned, should help
minimize such episodes.
3.2.10  Litter
        Litter is a significant insult to our physical  environment in terms
of the BOD loads imposed, either on the sewage treatment works (if storm run-
off is treated) or on the receiving waters after each heavy rain.
        Structural solutions to the problem require either the building of
larger treatment plants to receive the combined flow from sanitary and storm
sewers or the investing in new separate storm sewers.  These new sewers would
collect all runoff, or just the first flush from each storm, for later impound-
ment and -treatment in either a separate storm-water treatment plant or in a
combined treatment plant.  Each of the above is a very costly addition.
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        One of the non-structural  solutions is to clean up the streets and
roadside trash and clean out sediment basins in storm drainage mains at re-
gular intervals.   Environmentally  safe disposal of street sweepings and highway
trash is not a difficult problem,  but the collection segment is labor intensive,
and therefore very expensive
        A litter law and small  animal control  law with teeth (say up to $500
fine per violation), that is vigorously enforced and with proceeds dedicated
in advance to litter clean up,  is  an example of the source reduction strategy
at work.  (3-21)
3-2.11  Beverage Container Deposit Laws
        A law requiring a deposit  on all  of the types of containers that may be
used for consumables,  which insures the return for re-use or recycling of the
container is a multi-purpose solution.  It reduces litter, reduces total waste
loading to be disposed of, and  increases  the useful life of the container with
a con-committant reduction in the  drain on our non-replaceable raw material
and energy resources.   The "Oregon" type  of beverage container deposit law is
an excellent example.
        The EPA,  Office of Research and Monitoring sponsored an exhaustive
study of the beverage  container problem,  in 1972.  (3~22)   This report examines
the technical, environmental and economic aspects of the mandatory container
return deposit versus  a tax on  non-returnables that will pay the cost of litter
clean-up (while forcing the expanded use  of returnables).  A complete list of
the federal, state and local laws  that were pending in the legislative bodies
of the country, as of  June 1971, is provided as an appendix to this EPA report.
        Since both the Vermont  minimum deposit act (Vermont Statutes, Title
10 §1521-1525) and the Oregon "Bottle Bill" (Oregon Revised Statutes, §459-810-
459.890) have survived constitutional challenges, more states, cities and counties
will consider this option to the continuous litter  pick-up costs they currently
face.  571 P.2d 691, (Ore. App. 173) review denied Dy Oregon Supreme Court (1974).
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3.3    The Need for Legislative Provisions to Aid in Reuse and Recovery of
       Residual Waste

       The problems associated with recovery of residual  wastes, both economic

and technological, are the subject of numerous private, State and Federal

studies and reports.  That there "ought to be a law," most of the experts

can agree, but as to what law or laws can cope with the formidable economic

constraints that presently divert most wastes to dumps or incinerators, seem

to be subject to experimentation for some time to come.

3-3-1  A National Survey of Resource Recovery

       Chapter 4D of the Report of the National Commission on Materials

Pol icy (June 1973), draws from the best sources of  information available to

the Federal government, to provide a succinct statement of the problem.  A

small section of Chapter *tD is condensed and presented below to provide an

indication as to why land filling is still preferred over conservation and

how a regional approach might make conservation more viable.  (References

from the Report have been renumbered).

       The Economics, Technology, and Organization for Resource Recovery

            Economic factors determine whether a material is recycled,
       shunted into the waste stream, or left where it stands.  Recycling
       proceeds through an agreement by two different agents in the mat-
       erials system:  the owner of obsolete goods and a recycler who
       might be able to put the goods to use.  Both must see an advantage
       in the transaction.
            Usually transactions  are  made  by  scrap dealers who  purchase
       waste materials  and process  them.   Sellers  (or  givers-away)  might
       be urban waste processing  plants,  machine shops, or  private  citi-
       zens.   Buyers include papermills,  secondary smelters  and  steel  mills.
            The saying  in  the  industry is  that  scrap is bought,  not sold;
       it is a  buyer's  market.   Materials  producers  will  buy and use high-
       quality  scrap if the  cost  ;s  competitive  with costs of virgin mat-
       erials.   The cost  of  upgrading most  urban waste to an acceptable
       quality  prices it  out of the  market.   That  is the  essential  chall-
       enge.
            The remedies  lie in economics,  technology, and  comprehensive
       organization for resource  recovery.   The  fundamental  requirement,
       however,  is to create incentives  for  industrial  materials buyers
       to use more secondary materials in  the interest of efficiency in
       use of national  resources.
            This  situation could  be  brought  about  by two  activities:  actions
       to create  a demand  for  secondary  materials, and actions  to create
       a  supply of secondary materials of  such  quality and at such  a price
       that they  would  arouse  demand.
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     In today's market, demand offers the better incentive.   Often
voluntary recycling centers can find no markets for the material
they collect.  It is as if they were pushing on a string.   Such
material will move best when demand pulls them along.
     Municipal solid wastes have not been recycled in  the  past be-
cause disposal in readily available dumping sites was  more economi-
cal.  The patterns and traditions that developed as a  result have
made it more difficult to close the materials system,  even though
today the economics begin to favor a closed system.
     Some of the major options of the sanitation industry  result in
dumping, others in recycling.   The options are:  (3-23)

     (a) Incineration:  This is outright burning of wastes,  without
         energy recovery.   Its cost has risen with the public's in-
         creased concern about air pollution.

     (b) Sanitary landfill:  This is disposal and burial of wastes
         in the earth.  As land around urban areas has become scarce,
         waste handling and land acquisition costs have raised the
         total cost of this option.

     (c) Skimming:  This involves separation of several  types of
         wastes at the source and separate collection  followed by
         recycling of such components as paper, glass, and metal.

     (d) Materials recovery:  This involves an aggregate collection,
         as with incineration and landfill, followed by material
         recovery for recycling by the use of special  equipment that
         separates and sorts the collected wastes.

     (e) Fuel recovery:  This uses collected wastes as an  energy
         source in power plants or industrial furnaces.

     Studies by the Environmental Protection Agency of the different
approaches show that skimming, when well executed, is  most economical.
Close-in sanitary landfill is the cheapest option after skimming,
followed by fuel recovery, materials recovery, remote  landfill, and
incineration.  (3~23a)
     But cheap landfill is not always an option;  some cities are pay-
ing more for disposal than the estimated average costs for materials
or fuel recovery, $4.77 vs. $2.71, respectively.  (3-24)   For instance,
estimated disposal costs in Philadelphia and San Francisco are as high
as $8 per ton.
     Few municipalities opt for resource recovery as opposed to dump-
ing for three reasons:
     (1) Inadequate markets for recovered materials.  Municipal offi-
         cials cannot rely on finding buyers for secondary materials
         when virgin materials are favored.  As a marginal commodity,
         scrap is subject to wide swings in demand and price.   If
         officials are to have confidence in recovery  as an econo-
         mical option for waste management, a steady,  reliable outlet
         for the recovered materials is essential.  If demand for the
         product drops, the municipality'again has a mountain of ex-
         pensive wastes on its hands.
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     (2) Capital costs.  Given the volatility of the secondary mat-
         erials market, municipalities or private companies are re-
         luctant to commit themselves to invest heavily in the soph-
         isticated industrial technology required for resource recovery.
         Given the uncertainties, recovery seems not to justify the
         substantial  investment required.
     (3) Tradition and structure.  Sanitation officials have not been
         concerned with recovery of resources in the past.  Their
         mission traditionally has been to abate waste as a public
         nuisance or threat to health, not to treat waste as a resource.
         Therefore, sanitary landfill, which required minimal changes
         in goals and operating procedures, was adopted where open
         dumping became impossible.

     Energy recovery is the target of opportunity for municipal govern-
ment today.  It is cheap, conservative of resources, and requires only
new technology for its introduction, whereas skimming would require pro-
found changes in consumer habits.  In Europe, virtually all new refuse-
burning incineration plants are designed for heat recovery.  In the
United States, however, only about ten such incinerators are in use.
The mixed organic fraction of community waste often has an energy con-
tent one-half that of bituminous coal.  By mixing this fraction of the
solid waste with coal or fuel oil it  is possible to reduce both the
volume of solid waste that must be disposed and the quantity of other
fuel needed by power plants.  (3-25).
     Use of solid waste for this purpose would require conversion of
present power plants.  The solid waste received would have to be sep-
arated, sized and evaluated for heating value.  A proper amount of
coal or fuel oil then added would supply the required heat.  Any in-
creased capital and operational costs for the power plant could be
offset by disposal cost savings.

     Taxes Should Favor Resource Recovery

     Over the years,  the Federal government has developed tax policies
that encourage extractive industries.  Capital gains treatment for pro-
fits, depreciation schedules, depletion allowances, and other tax write-
offs for extractive industries favor use of virgin materials over
secondary materials because these incentives to a degree are reflected
in the price of the end product.  A staff study for the Joint Economic
Committee places the amount of Federal tax allowances for development
of natural  resources at $1.^5 billion in 1971-  These allowances are
incentives to use these resources in preference to secondary materials.
(3-26).
     The  National Commission on Materials Policy Concluded That:
     ...before cities can realize the potential of resource recovery,
they must change their attitudes toward solid waste and the institu-
tional  structures that deal with it.  Many will decide that private
entrepeneurs offer the most efficient mechanism for resource recovery
and will enter into long-term contracts for this service.
     ...not all cities will find that resource recovery is the most
economical option; each municipality has its own problems and perspec-
tive.  Some may wish to enter into agreements with other local governments
to capture economies of scale unavailable to them individually.  State
governments should encourage such regional approaches through solid waste
regulatory programs.

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3-3-2  State Action to Stimulate Reuse and Recovery of Materials
       The previous section presented an overview of the problem from the
perspective of the Federal  Government.  For the most part,  initiatives must
come from state and regional  entities.
       The following paragraphs deal  with related problems,  for  which the
states are developing different legislative solutions.

       3.3.2.1  Tax Abatement as an Incentive to Reuse
       Many states are reluctant to risk disturbing the delicate mechanism
we call free market pl^ e which responds to supply and demand in ways that
are not always understood.   It is argued in some quarters that tax incentives
for reuse of material may not be necessary because prices of virgin materials
will rise as they become scarce, thus encouraging the use of recycled materials
even in the absence of tax incentives.  In addition, a substantial amount of
recycling is already occurring, or being planned, because of rising prices
for recyclables.  Consequently, the major benefit of a tax reduction for re-
cycling industries would accrue to investment that would have taken place in
the absence of a tax reduction.  Little additional investment in recycling
industries would be encouraged by such a tax reduction.  Although tax policies
permitting rapid amortization of recycling facilities would encourage the entry
of private capital into the recycling industry by reducing capital costs,
existing industrial waste recycling facilities would  receive windfall benefits
from such a provision.  (3~27)•
       Perhaps because of the fear of "windfall" profits, or a belief that
each business venture should pay its own way, provisions for tax deductions
on pollution control facilities are often limited to  "new" equipment and
then only to the extent that the investment is not self amortizing from  the
value of the materials reclaimed.
       Arizona permits the cities and counties, through pollution control
corporations, to acquire tax exempt lands and pollution control equipment
that may then be  leased.  This  includes existing or new equipment and appears
to cover resource recovery facilities.  (3~28)
       Article  3 of California's Solid Waste Management and Resource Recovery
Act calls for the formulation of a broad program  to stimulate resource recovery
                                    3-30

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The recently formed California Pollution Control Financing Authority certi-
fies tax exempt bonds, the proceeds of which are available as loans to private
industry and municipal governments. (3"29)

       3.3.2.2  Underwriting Actual Losses in Commercial Recycling Operation
       Another approach to subsidy without much danger of a windfall, is to
pay a private materials reclaimer the difference between the price he actually
receives for reclaimed materials and the price he would have to receive in
order to remain in business.  A cost/benefits analysis would have to be made
to determine the maximum differential  that the government can afford to pay,
but it is quite likely that the total  value to the community of the reduced
waste load, the jobs provided by the reclaimer and the prospect of such an
operation becoming self-sustaining in the future will justify a significant
direct subsidy to private operators during their start-up cycle.
       Minnesota has made provision for support of such marginal operations
as they pertain to the reclamation of abandoned automobiles.  The state
officials indicate that it is considered to be a good investment.  The same
approach would work on a regional basis to»reclaim the materials in rubber
tires and many other waste products.  (3~30)

       3.3.2.3  Making Municipal Solid Waste, Including Shredded Wood,
                Available to Utility Companies
       Where a continuous supply of combustible waste materials can be assured,
the promise of free, or low cost wastes, for consumption in boilers that are
modified to burn this material, may provide an adequate incentive to invest
in the conversion process.  Connecticut and a number of other states (with
Federal  assistance) are implementing such programs on a pilot basis.

       3.3.2.4  Removal of Discriminating Labeling or Advertising Constraints
                on Recycled Products
       California has recently enacted a law which removes the previous label-
ing restriction that included a large legend, "Made from Used Oil."  The
California bill applies only to oil that is re-refined to meet S.A.E. standards
and is sold within the state.  The Federal Trade Commission still requires
a legend to be placed on the containers of re-refined oil that moves in inter-
state commerce.
                                       3-31

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       The new California law also deleted previous requirements which kept
the re-refined oil  on separate display racks,  and subjected the dealers to
the maintenance of separate records for the sale and storage of the re-
claimed product.  (3-31).

       3.3-2.5  Remove Discriminatory Freight  Rates on Recyclable Materials
       A number of states have acted to review the intrastate rate structure,
as it applies to secondary materials.  This appears to be within the power
of every state, but will, of course, only have an impact if there is both a
supply and a demand for a particular waste material within that state.
                                      3-32

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                        REFERENCES - CHAPTER 3


(3-1)   Heydon's  Case,  3 Co.  Rep.  7a,  76 English Reports, 637-39.  (158*0.
(3-2)   Vagueness defined in  Connelly  v  General  Construction Co.  269 U.S.
       385,  391  (1926).
(3-3)   Overbreadth defined in NAACP v Alabama,  377 U.S. 288, 307 (196*0.
(3-*0   Schneider v State,  308 U.S.  147  v (1939).
(3-5)   Van Nuys  Publishing Co.  Inc. v City  of Thousand Oaks, *>89 P.2d
       809  (197D-
(3-6)    California Health and Safety Code, Chapter 6.5, Article 8, §2518*4,
        (1972).

(3-7)   Toftner,  Richard 0.  "Developing a Local S Regional Solid Waste
       Management Plan," U.S. Environmental Protection Agency
        (SVMOUs.1)  1973.
(3-8)   Reitz,  A. W.  - "Environmental  Law," 2nd  Edition  (1972), No.
       American  International, Page 2-90.
(3-9)   California Government Code Title 7-3 §66780 Solid Waste Management
       and  Resource  Recovery Act  of 1972.
(3-10)  CRS  Section 1 Ch. 106 §§106-8-101 et seq.   Local Government Land
       Use  Control Enabl ing  Act of 197**-
(3-11)  Entire  State  of Connecticut in the Planning Area, per CGS Ch. 36lb
       §§19-52*tp - 1952*»nn.
(3-12)  Oklahoma  Statutes Title 63 §§2255 and 2256 Oklahoma Solid Waste
       Management Act of 1970.
(3-13)  Toftner,  R. 0. and Clark,  R. M., "Intergovernmental Approaches to Solid
       Waste Management," EPA Report  No. SW-*i7ts, 1971.
(3-1*0  Summarized trom Section 6-17 of  "Suggested Solid Waste Management
       Ordinance for Local Government," by National  Association of Counties
       Research  Foundation (197**)-
(3-15)  "Handbook of  the National  Conference of  Commissioners on Uniform
       State Laws,"  (1928),  pages 59-61.
(3-16)   Bulletin  No.  4, State of California Solid Waste Management Board,
       TIS,  Feb. 75.
(3-17)  Preliminary San Diego Regional Solid Waste Management Plan
        1976-2000, Waste Lubricating Oil, joint  City-County Solid Waste
       Management Task Force 1X-27 to 1X-31  (1975).
(3-18)  "Legal,  Policy & Institutional Constraints Associated with Dredged
       Material  Marketing,"  R. C. Wakeford 6 D. Macdonald for U. S. Army
       Corps of  Engineers  Dredged Material Research Program, Contract Report
        No.  D-7**-7,  (Dec. 197*0.

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(3~19)   Illinois Advisory Committee on Sludge and Wastewater Utilization
        on Agricultural  Land,  Illinois Environmental  Protection Agency,
        1975.
(3~20)   Minnesota Administrative Rules and Regulations;  Section SW-3
        Minnesota Pollution Control Agency Division of Solid Waste.
(3-21)   Model  Litter Law by National  Institute of Municipal  Law Officers.
(3-22)   Taylor,  H.  B.,  and Mulligan,  P.  F.,  "The Beverage Container  Problem"
        report prepared  for office of research and monitoring,  U.  S. EPA -
        Report No.  EPA-R2-72-059.
(3-23)   "Resource Recovery Processes  for Mixed Municipal  Waste, Part I,
        Technical Review to Economic  Analysis," Environmental  Protection
        Agency,  1973-
(3~23a)  Resource Recovery Processes for Mixed Municipal Sol id Wastes,
        EPA,  1973-
(3-24)   Id.
(3-25)   "Systems Study of Air Pollution for Municipal Incinerators," Arthur
        D. Little, Inc., March, 1970.
(3-26)   "The Economics of Federal  Subsidy Programs," Joint Economic
        Committee staff study, 1972.
(3-27)   "Environmental  Rights & Remedies," 197^ Supplement, page 81.
(3-28)   Arizona Pollution Control  Tax Exemption Law, Title 9, Chapter 12,
        Art. 1 §9-1221  and Art. 3 §9-1271 (1972).
(3-29)   California Health & Welfare Code, Division 27, §§39600-39637, (1972).
(3-30)   Minnesota Statute, Chapter 168B, Abandoned Motor Vehicles,  §§1686.10
        (1971).
(3-31)   Supra reference  (3-16).

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                            CHAPTER IV
           A  COMPREHENSIVE MODEL LAW  FOR  RESIDUAL
                WASTE  MANAGEMENT, DISPOSAL  &
                     RESOURCE CONSERVATION
The purpose of this  model  statute  is  to  provide areawide waste manage-
ment planners and waste management  operating agencies with examples of
legislative and regulatory provisions that  are adopted by, and appear
to be effective in other jurisdictions.   This model may also be useful
to legislative draftsmen working on problems of residual waste.
As a model  it is not expected  to be universally applicable, nor to cover
every circumstance and situation.   The example of  statutes presented
herein will provide  assistance in  formulating specific language required
to remedy  local and areawide  situations  similar to those for which
other jurisdictions  have enacted the  statutes reflected in this model.
This statutory scheme should only  be  used with caution and only after
having determined its compatibility with  existing  regulations, statues,
policies, and waste  management institutions.  Constitutional considera-
tions, both federal  and state, may  play  an  important role in the inclu-
sion or exclusion of specific  sections of this model when planning new
legi slat ion.
Sections of this model  are each comprised of examples taken from the
Council of State Governments'  model and  from actual provisions of states'
statutes and regulations.   Generally,  the first paragraph under each
major heading is taken from the Council  of  State Governments' model, which
is in accord with similar provisions  in  one or more of the states.   Addi-
tional sections are  excerpted  from  state  laws and  regulations found to
be representative or the most  comprehensive provisions.  The letters to
the right of the provisions indicate  the  state's law or regulation, in-
dexed in the reference section to  this chapter, from which the model
section was selected, (e.g.  CA(a):  California statute found in the
reference section under California,  (a).)

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SECTION
   I        SHORT TITLE
  I I        DECLARATION OF POLICY
 III        DEFINITIONS
  IV        STATE AGENCY AUTHORITY/POWERS/DUTIES
  IV(A)    Administration of the Act

           Model
           (1)  Responsibility of Agency
           Supplementary Revisions
           (1)  Agency Established
               (a)   Composition
               (b)   Representation
               (c)   Appointment
           (2)  Agency Authority
               (a)   Staff
               (b)   Cooperation
               (c)   Funding
               (d)   Rule Making
           (Alternative Provisions for (1) & (2) above)
           (3)  Agency Adherence to Stated Policy
               (a)   Local Autonomy
               (b)   Local Enforcement
               (c)   State Enforcement
               (d)   Rights of Citizens to Enforce
           (k)  Residual Waste Handling to Comply with Provisions of Act
  IV(B)     Technical  Assistance
           Supplementary Provisions
           (1)  Agency Provides Assistance
               (a)   Prepare Guidelines
               (b)   Approval of Plans
               (c)   Exemptions
               (d)   Conformity to Plan
           (Alternative Provision for- (I) above)
           (2)  Packaging and Containing Technology (Waste Reduction)
               (a)   Review  Innovations in Packaging
               (b)   Adopt Guidelines to Review
               (c)   Recommendations to Legislature
   V       PLANNING (STATEWIDE, AREAWIDE, LOCAL)
           (1)  Requirement to Submit Plans
               (a)   Officially Adopted Plans by Single Municipality

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            (b)  inter-Municipal  Planning
            (c)  Provisions  for  Growth
                (i)  Orderly Growth
                (ii) Areawide Concept
                (ii i ) Cornpat ibility with Existing  Plans
                (iv) Time Schedule
                (v)  Revision
                (vi) Additional  Information
            (d)  Review of Plan
            (e)  Agency Authorization
            (f)  Priorities
            (g)  Agency Enforcement
        (2)  Public Participation  Encouraged
        (3)  Plan Compatibility  with Comprehensive Plan
            (a)  With General Plan
            (b) With Local  Jurisdiction
            (c)  With Comprehensive Land list-
       COMPLIANCE/ENFORCEMENT  AGENCY
       Mode!
        (1)  Agency Enforcement  Responsibility
       Supplementary Revisions
        (')  Enforcement Action
            (a)  Appropriate by Agency
            (b)  Attorney General
                   • Summary Proceedings
            (c)  Agency Proceedings
                  ie Provision to  (1) above)
       (2) Agency  Investigations
           (a)  Unsafe Conditions
           (b)  Monitorinq Program
           (c)  Issuance of Complaint
       (3) Any Person May Complain
 VII   OPERATION AND FINANCING OF AREAWlDE  PLANS
       Supplemental y Revi s i ons
       (1) Grants  in Aid
           (a)  Agency Grants
           (b)  Legislative Appropriation
           (c)  Qua! i Tying for Aid
       (Alternative Provisions for  (1) above)
VI I  i   AREAWIDE/MUN1CIPAL AUTHORITY - MANAGEMENT

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VI I I (A) Intra-Municipal Authority
        S upp 1smeiitary Provisions
        (1)  Local Units Shall Comply With Act
             (a)   Survey for Present,and Future Needs
             (b)   Implementation of Comprehensive Plan
             (c)   Approval for  Inter-Municipal Agreements
        (2)  Need Local Unit to Manage
              •    Units May Enter  Into Agreements
        (3)  Local Units Shall Manage Facilities
             (a)   Contracting
             (b)   Adopt Regulations
             (c)   Cooperation
             (d)   Provide for Growth
             (e)   Establish User Charges
VI I I (B) Eminent Domain, Zoning. Preempt ion
        Supplementary Provisions
        (1)  Acquisition of Property
        (2)  Attempt to Purchase Property
              «    Compliance with Procedures
        (3)  Need for Consent of Effected Municipality
        (A)  Rights of Party in Possession
  IX    ESTABLISHMENT OF RESIDUAL WASTE DISPOSAL SITES
  IX (A) Criteria Used to Pete rm me Loca t|ort_of  San i ta r_y_  Landf i 11
        Supp1e menta r y P rovi &ion s
        (1)  Permi t Requi red
             (.a)   Boring Required
             fb)   Agency Approval
             (c)   Maps 1.0 be Provided
             (d)   Limitations on Operation
             (e)   Supplements to Maps
        (2)  Prevention of groundwater pollution criteria
  i X (B) Cjj3_ssjjjjr.aj:\on s_ _o f Res iduaMjaste Disposal Sites*
        Supplementary Frovibions
        (1)  Class I Disposal Site Criteria
        (2)  Class i! Disposal Site Criteria
        (3)  Class Ml Disposal Site Criteria
        "Classification of Wastes Discharged  to Land
   X    PERMITS
        Model
        0)  Agency Shall  issue  Permits
        (2)  Renewal of Permit
        (3)  Proof of Performance 3ond

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       Supplementary Provisions
       (1)  Permit Required
       (2)  Exemptions
       (3)  Permit Criteria
       (4)  Agency Approval
       (5)  Permit Non-Transferable
       (6)  Permit Required to Alter Facility
       (7)  Permit Revocation
 XI    STANDARDiZATI ON
 XI(A) Requirements and Prohibitions
       Supplementary Provisions
       (1)  Agency Approval Required to Operate Facility
       (2)  Compliance with Agency Conditions
       (3)  Agency Approval of Local Unit Contracts
            (a)   Filing of Performance Bond
            (b)   Failure to Perform Contract
            (c)   Creation of Public Nuisance
            (d)   Hinder Agency Inspection
 XI (B) Variances  (Exceptions, Exemptions, "Grandfather Clause")
       Supplementary Provisions
       (1)  Waivers or Modifications
       (Alternative Provisions to (1) Above)
XI  I    ENSURING COMPLIANCE
XI  I(A) Enforcement Penalties
       Model
       (1)  Fines and Imprisonment
       (2)  inspections
       Supplementary Provisions
       (1)  Fines and !mpr isonment
       (Altermativs Provisions to (1) Above)
XII (B)
       Supplementary Provisions
       (1)  Agency Inspection to Insure Regulation Compliance
              •   Reasonableness

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XIII    JUDICIAL 6 ADMINISTRATIVE PROCEEDINGS
        Supplementary Provisions
        (l)  Hearings Shall be Recorded and Transcripts Made Available
        (2)  Public Hearing Regarding Policy Adoption
        (3)  Appeal from Local Rule or Regulation
        (*t)  Records of Appeal
        (5)  Revocation Hearing
              •    Criteria for Revoking Permit
        (6)  Hearing to Contest Agency Refusal to Grant Permit
              •    Judicial Review of Administrative Hearing
        (Alternative Provision for- (6) Above)
 XIV    SITE CLOSURE (COMPLETION, ABANDONMENT)
        Supplementary Provisions
        (1)  Compliance with Requirements
             (a)   Notice of Intention to Agency
             (b)   Compliance with Regulations
             (c)   Additional Requirements
             (d)   Agency  Inspection
             (r-.)   Subsequent use Agency Approval
             (f)   Monitoring of Site by Previous Owner
             (g)   Fii ing of Plat
  XV    REUSE,  RECYCLE, RECOVERY, INCENTIVES
        Supplementary Provisions
        (1)  Incentives
             (a)   Incentives Listed
             (b)   Effects of Existing Public Policies
             (c)   Disposal Taxes Imposed
        (2)  Imposition of User Fees
        (3)  Encouragement for Reusable Containers
 XVI    ADVISOKV COUNCIL AND ENVIRONMENTAL STUDY
        Supplementary Provisions
        (1)  Establishment of Residual Waste Management Advisory Council
              «    Membership
        (Alternative Provision to (Ij Above)
        (2)  Establishment of Institute for Envirnmental Quality
             (a)   Carrying Out its Purpose
             (b)   Duties  to investigate. Environmental Concerns
XVII    SPECIAL CONSIDERATIONS
XVI I(A) Hazardous Waste

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        Supplementary Provisions
        (1)  Handle  in Accordance with  this Act
             (a)   Consignment
                   (i)  Disclosure of Nature of Waste
                   (ii) Assure Proper Handling
             (b)   Agency  Shall Maintain a List of  Hazardous  Wastes
             (c)   Listing  is Not a  Basis of Any  Presumptions
             (d)   Agency  List of Toxic Wastes
             (e)   Agency  List of Flammable and Explosive  Wastes
             (f)   Agency  List of Pathogenic Wastes
             (g)   Agency  List of Radioactive Wastes
        (2)  Agency  to Develop Waste Control and  Spill  Contingency Plan
        (3)  Use of  Only Approved Sites
XVI I (B) Record Keeping Regarding Wastes
        (1)  Station Records Generally
             (a)   Weight  Volume Records
             (b)   Special  Occurrences
             (c)   Inspection of Records
        (2)  Preparation of Hazardous Waste Records
             (a)   The Manifest
             (b)   Producer of Waste Record
                     •   Special Handling Instructions
             (c)   Hauler of Waste Record
             (d)   Disposer of Waste Record
                     t   To  Select Most Appropriate  Location for Waste
             (e)   Agency  List of Flammable and Explosive  Wastes
XVII(C) Regulation of Transportation of Residual Wastes
        (1)  Criteria for Truck, Barge, Train and Pipeline
        (2)  Agency Final  Approval
             (a)   Routing
             (b)   Equipment Condition
             (c)   Pipeline Construction
             (d)   Time Schedule
             (e)   Maintenance of Facilities
XVII(D) Abandoned Motor Vehicles
        (1)  License Requirement to  be a Collector
        (2)  Application to Agency
        (3)  Required Equipment
XVI I(E) Mine Drainage Control
        (1)  Agency Notification of  Permit Violation

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        (2)  Submittal of Monthly Operation Reports
             (a)   Information Required
             (b)   Discharge Limitation
        (3)  Discharge to Polluted Stream
        (4)  Discharge to Clean Stream
        (5)  Control  of Surface Water
XVI I (F) Control Over Confined Animal Feeding
        (1)  Submittal of Detailed Plan and Specifications
        (2)  Standards for Operation
             (a)   Prevention of Water Pollution
             (b)   Conformance to Agency Guidelines
XVI I (G) Preservation of Wetlands
        (1)  Permit Required to Conduct Activity
        (2)  Agency to Hold Public Hearing
        (3)  Compatibility of Proposed Activity
        (k)  Agency Conditions and Limitations
XVI I (H) Use of Waste Disposal Wells
        (1)  Restrictions on Location
             (a)   Filing of Approved Sewage Program
             (b)   Designated Time Schedule
        (2)  Nonavailability of Better Method
        (3)  Permit Required
        (4)  Discontinuance of Well
             (a)   Plugging
             (b)   Depth of Plug
XVI I (I) Requirements for the Disposition of Dredge Spoil
        (1)  Dredging Defined
             (a)   Local Governmental Control
             (b)   Inclusion of Long Range Plans
             (c)   Activity Discouraged
XVII (J) Regulation of Waste Piles
        (1)  Prevention of Water Pollution
             (a)   Compliance with Agency Regulations
             (b)   Prevention of Runoff
             (c)   Construction of Treatment Facilities
             (d)   Adequate Cover Material
             (e)   Insuring Stability of Disposal Are<
             (f)   Erosion Prevention
        (Alternative Provision for (1) Above)

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XVI I(K) Litter Control Considerations
        (Consideration Regarding Provision)
XVII(L) Summary of Criteria  for Land Application of  Sludge  to  Farm  Land
        (Recommendations Taken from The  Illinois Advisory Committee on
        Sludge and Wastewater Utilization on Agricultural Land,  February
        1975).
XVIII   REPEALER
  XIX   SEVERABILITY
   XX   SAVINGS  CLAUSE
  XXI   EFFECTIVE DATE

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      STATE RESIDUAL WASTE MANAGEMENT AND RESOURCE RECOVERY ACT
An Act providing for the planning, management,  and conservation  of residual
waste.  Residual waste is defined as that solid,  liquid,  or sludge substances
resulting from man's activities in the urban,  agricultural, industrial,  and
mining environment not discharged to water after  collection and  necessary
treatment.  These wastes include, but are not  limited  to:

Sludges resulting from water and domestic wastewater treatment,  industrial
sludges, utility plant sludges, and mining sludges;

Solids resulting from industrial  and agricultural  process  waste  materials and
from non-process industrial  and commercial wastes (e.g.  demolition wastes,
mine tailings, incinerator residues, dredge spoil, and agricultural  waste like
crop residues, feedlot wastes and pesticide containers),  residual  and commercial
sol id waste; and

Liquids resulting from industrial side streams and from agricultural product
processing.
                              SECTiON  !
                             SHORT  TITLE
                                                                            Model (a)
This Act may be cited as the "Residual  Waste Management and Resource Recovery
Incentives Act of (1976).


                              SECTION  I !
                        DECLARATION OF  POLICY
 (Findings of Necessity, Purpose, Applicability, Intent of Legislature)
                                                                            Model (a)
(1)  The Legislature of the State finds:

     (a)  that the people of this state have a constitutional  right to a clean
          environment and the costs of maintaining a clean environment through
          the efficient environmentally acceptable management  of residual  waste
          should be borne by those who use such services;
     (b)  that municipalities have serious economic, management, and technical
          problems in the management of residual waste resulting from residential,
          commercial, industrial, agricultural and other activities carried  on
          in such jurisdictions:
     (c)  that inefficient and improper methods of managing residual waste
          create  serious hazards to the public health,  cause  pollution  of
          air and water resources, cause accidents and hazards,  and increase rodent
          and insect vectors of disease, and have an adverse effect on land
          values ,  create public  nuisances,  and otherwise  interfere with comm-
          unity  life and development;

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     (d)   that while the management of residual  waste is the responsibility
          of each municipality,  problems of residual  waste management  have
          become a matter statewide in scope and in concern and necessitate
          state action through technical assistance and leadership in  the
          application of new improved methods and processes to reduce  the
          amount of residual waste and unsalvageable materials and to  pro-
          mote environmentally acceptable and economical  residual  waste manage-
          ment ;
     (e)   that the continuing technological progress and improvements  in
          methods of manufacturing, packaging and marketing of consumer pro-
          ducts have resulted in an ever mounting increase, and in a change
          in the characteristics, of the mass of material  discarded by the
          purchaser of such products;
     (f)   that the economic and  population growth of our State, and the im-
          provements in the standard of living enjoyed by our population,
          have required increased industrial production together with  related
          commercial and agricultural operations to meet our needs, which have
          resulted in a rising tide of useless,  unwanted,  and discarded mater-
          ials; and
     (g)   that the failure or inability to economically recover material and
          energy resources from  residual waste results in the unnecessary waste
          and depletion of our natural resources.

(2)   It is hereby declared to be the purposes of this Act  to:

     (a)   plan for and regulate  the storage, collection,  transportation, separa-
          tion, processing and disposal of residual  waste in order to  protect
          the public safety, health, and welfare and to enhance the environment
          for the people of the  State;
     (b)   establish and maintain a cooperative state program of areawide plan-
          ning and technical assistance for residual  waste management;
     (c)   provide the authority  to, and require  that municipalities cooperate to
          plan and provide efficient, environmentally acceptable residual waste
          management;
     (d)   require review of the  design, and issue permits, for the operation of
          residual waste management activities;
     (e)   promote, through the removal of economic disincentives and by provid-
          ing economic incentives, the application of resource recovery systems,
          which preserve and enhance the quality of air,  water and land resources;
          and
     (f)   promote and assist in  the development  of markets for recovered and
          recycled materials by  changing the State commerce, procurement, and
          taxation statutes and  policies.


                             SECTION I I I
                             DEFINITIONS

(For a complete listing of terms and definitions, see the  Glossary of  Residual
Waste Terms in Appendix A.)
                                     k-2

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                              SECTION  IV
              STATE AGENCY  AUTHOR!TY/PCWERS/DUTiES

                     !V(A)  Administration of the Act                              , ,
                           _	                        Model(a)

(1)   The Department of	shall  have the responsibility  for  the
     administration and enforcement of  this Act.   It  shall  have the power
     and its duties shall  be to:

     (a)  administer the State residual  waste management  program  pursuant  to
          provisions of this Act;
     (b)  provide technical assistance  to municipalities  and areawide agencies,
          and cooperate with appropriate federal  agencies and private organi-
          zations in carrying  out  the duties under this Act;
     (c)  encourage and recommend  procedures for the  utilization  of self-
          financing of  residua! waste management  systems  and inter-municipal
          agencies in accomplishing the  desired objective of this Act;
     (d)  promote the planning and application of resource recovery systems
          which  preserve and enhance, the quality of air,  water, and  land  re-
          sources ;
     (e)  serve  as the  official State representative  for  ail purposes of  the
          Federal Solid Waste  Dispose] Act, (P.L.  91~512),  or as  subsequently
          amended, and  for  the purpose of such other  state or federal legis-
          lation as has been or may hereafter be enacted  to assist in the
          management of residual waste.

SUPPLEMENTARY PROVISIONS                                                        CO(b)

(1)   There is hereby established an agency  to regulate the residual waste
     management  system.

     (a)  There  is hereby established, within the office  of the Governor,  a
          residual waste, management agency.  The  agency shall  consist of nine
          members who sha!l be appointed  In the manner and shall  serve for
          terms  as set  forth in this section.
     (b)  Five members  shall be appointed by the Governor,  one from each  con-
          gressional district, and no more  than three members shall be from  any
          one major political  party. Members appointed under this paragraph(b)
          shall  be for  five years.  Any  vacancies shall be filled by  appoint-
          ment of the Governor for the unexpired  term.
     (c)  The Governor  shall also  appoint four members who shall  serve at  his
          pleasure.
(2)   The  agency enumerated under  this Act  is vested  with authority to:
     (a)  It shall utilize  its own staff  for services in  the performance
          of its duties.
     (b)  The departments and  agencies of state and local  government  shall make
          available to  the  agency  such data and information  as are necessary
          for it to perform its duties.
     (c)  The agency may receive and utilize funds from federal or other
          governmental  agencies and grants  and gifts  from any other sources.
     (d)  It shall adopt rules for its conduct and maintain a public  record  of
          its activities, accomplishments and recommendations.
                                       l*-3

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                  (Alternative  Establishment  of Agency)

(1)   There is established in the  Executive  Branch of t'-ic.  Stave  Government,  m
     agency to be known as the  Environmental  'Protection Agency.

     (a)   This agency  shall be  under the  supervision and  direction of the
          Director,  who shall be  appointed  by the Governor with the advice
          and consent  of the Senate.
     (b)   The Director,  in accord with the  Personnel Code,  shall employ  and
          direct such  personnel,  and shall  provide for such laboratory and
          other facilities,  as  may be necessary to carry  out the purposes of
          this Act.  In addition,  the Director- may by agreement secure such
          services as  he may deem necessary from  any other Department, agency,
          or unit of the Stale  Government,  and may employ and compensate such
          consultants  and technical assistants as may be  required..

(2)   The  Agency shall  have the  duties to:
     (a)   Collect and  disseminate such information,  accuire such technical  data,
          and. conduct  such experiments as may be  required to carry out the  pur-
          poses of the Act.   This includes  ascertaining the quantity and nature
          of discharges from any  contaminant  source and data on those sources,
          and the operating and arranging for the opercA-icn. of  devices for  the
          monitoring of environmental quality;
     (b)   Conduct a  program of  continuing surveillance and of regular or periodic
          inspection of actual  or potential contaminant sources of public water
          supplies and of refuse  disposal sites.
     (c)   Enter at all reasonable times upon  any  private  or public property for
          the purpose  of inspecting and investigating to  ascertain possible
          violations of the Act: or of regulations thereunder, or of permits or
          terms or conditions thereof,  in accordance with constitutional limita-
          tions j
     (d)   Investigate  violations  of this Act  or of regulations  adopted there-
          under., or  of permits  or terms or  conditions thereof,  to prepare and
          present enforcement cases and to  take such summary enforcement action
          as is provided for by this Act;
     (e)   Administer,  in accordance with  Title X  of this  Act, such permit and
          certification systems as may be established by  this Act or by  regu-
          lations adopted thereunder;
     (f)   Require the  submission  of complete  plans and specifications from  any
          applicant  for a permit  required by  this Act or  by regulations  there-
          under;
     (g)   Prescribe  reasonable  fees for perntits required,  pursuant to this Act;
     (h)   Make recommendations  for the adoption of regulations;
     (i)   Represent  the State in  any and  all  matters pertaining to plans, -pro-
          cedures, or  negotiations for interstate compacts or other governmental
          arrangements rela.tiny to environmental  protection.

(3)   State residual  waste management and  resource recovery policy shall  consist CA(a)
     of policies, plans, and programs to  be established pursuant to Section !l
     of this Act.

     No provision of this title or any ruling made pursuant thereto is a limit-
     ation on any of the following:

     (a)   The power  of a city,  county,  city and county, or district to adopt
          and enforce  regulations, not in conflict therewith,  imposing consider-
          ations, restrictions, or limitations with respect to  handling  the
          disposal of  residual  wastes.

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     (b)  The power of a city, county, city and county, or district to declare,
          to prohibit, and to abate nuisances;
     (c)  The power of any state agency in the enforcement or administration of
          any provision of law which  it is specifically permitted or required
          to enforce or administer;
     (d)  The right of any person to commence and maintain at any time any
          appropriate action for relief against a nuisance as defined in the
          Civil Code;
(4)   All residual  waste shall  be stored,  collected,  transported,  treated,      AL(a)
     utilized,  processed,  reclaimed, recycled and disposed of in  a manner
     consistent with the requirements of  any  rules and regulations passed  in
     accordance with this  Act.


                       IV(B)  Technical Assistance

SUPPLEMENTARY PROVISIONS

(1)   The aqency shall  provide guidelines  and  technical assistance.             CA(a)

     (a)  The agency shall  prepare guidelines for residual waste  management
          plans and shall  provide technical assistance in the preparation,  re-
          vision and implementation of residual  waste management  plans.
     (b)  Until a residual  waste management plan of a county or multi-county
          area has been approved, any new residual waste transfer station  or
          disposal sites approved by a city or county after the enactment  of
          this section shall  not commence operations in a city or county with-
          out a finding by the agency at  a public meeting that the protection
          of the public health or public  need and necessity, require the
          immediate implementation of the sites.
     (c)  Any site is exempt from this requirement if there is an environmental
          impact report notice of completion  filed with the State or if a  use
          permit or approval  has been issued  for the site by the  city or county
          prior to the date of enactment  of this section.
     (d)  No person shall  establish sites for residual waste disposal,  transfer
          station, waste processing, or resource recovery not in  conformance with
          the county residual  waste management approved plan.  Non-profit  private
          resources recovery or recycling sites  for neighborhood  or community
          type activities  approved by a local governmental entity are exempt
          from the requirement.  If any local governmental entity determines that
          a proposed site  in a city or county is not in conformance with the
          residual waste management plan  of that county, the board may,  after
          public hearing require conformance  to the plan, or approve an  amend-
          ment to the plan.   No person shall  establish or operate, or permit the
          establishment or operation of a site which is not in conformance with
          the plan.  At the request of any local governmental  entity, the
          Attorney General  shall bring an action to enforce the provisions  of
          this article.

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, ,                                                                              MN(b)
(2)   The agency shall  advise and assist  industry  and  business within  the  state
     in providing and  developing packaging and containers  consistent  with en-
     vironmental policies of the State.

     (a)  The agency shall  review new or revised  packages  or containers.   The
          agency shall review innovations including,  but not  limited  to,  changes
          in constituent materials or combinations  thereof and  changes  in clo-
          sures.  When the agency determines  that any new  or  revised  package or
          container would constitute a residual waste disposal  problem  or be
          inconsistant with state environmental policies,  the manufacturer of
          the product  shall withdraw it  from  further  consideration  until  such
          time as the  manufacturer shall resubmit such product  to  the agency,
          or the agency may, by order made after  notice and hearing,  prohibit
          the sale of  the package or container in the state.  Any  such  prohibi-
          tion shall continue in effect  until  revoked by the agency.
     (b)  The agency shall  adopt guidelines identifying the types  of  containers
          and packaging that are subject to its  review. Any person may submit
          to the agency a sample of a package or  container for  agency review.
          If the agency fails to issue an order prohibiting sale of a package
          or container within 120 days after  the  sample was submitted,  the agency
          shall not prohibit it thereafter.  The  agency may, however, for good
          cause, order the 120 day period to  be extended for an additional
          period not to exceed 30 days.
     (c)  The agency's report to the legislature  on progress on abatement of
          land pollution shall  be supplemented by annual recommendations  con-
          cerning problems relating to residual waste generation and  suggested
          remedies, including but not limited to  the prohibition of the sale or
          use of any package or container.

                               (Alternative)

(1)    The agency is to render assistance.   The agency  and  local health  depart-  ^°fa}
      ments  shall render technical advice and services to  owners and  operators
      of residual waste  disposal sites  and facilities and to municipalities
      and counties in  order to  assure that appropriate measure are  being  taken
      to protect the public health,  safety, and welfare.   In addition,  the de-
      partment shall have the duty to coordinate  the  residual waste   program
      with all other programs within the agency and with the other  agencies of
      State  and local  government which are concerned  with  residual  waste   dis-
      posal.

                              SECTION   V
               PLANNING (STATEWIDE,  AREAWIDE,  LOCAL)

SUPPLEMENTARY PROVISIONS

(1)   Governmental entities  are  required  to submit plans.                       PA(a)

     (a)  Each municipality shall submit to the agency  an  officially  adopted
          plan for a residual waste management system, or  systems  serving areas
          within its jurisdiction, within two years of the effective  date of
          this section, and shall, from  time  to time,  submit such  revisions of
          said plan as it deems necessary or  as the 
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     (c)   Every  plan,  and  any  revision  thereof,  shall  delineate  areas  where
          residual waste management  systems  are  in  existence  and areas where
          the  residual wa*ste management  systems  are planned to be available
          within a ten-year period.
     (d)   Every  plan shal1 :
          (i)  provide for the orderly  extension of residual  waste management
              systems in  a manner consistent with  the needs  and plans of  the
              whole area, and in a  manner which will  not  create pollution of
              the water or air, nor constitute  a public nuisance and  shall
              otherwise provide for the safe and sanitary disposal  of residual
              waste;
          (ii) take  into consideration  all aspects  of  planning,  zoning,  popula-
              tion estimates,  engineering and economics so as to delineate with
              all practicable precision those portions of the area  which  may
              reasonably  be expected to be  served  by  a residual  waste manage-
              ment sy  .,m within the next ten years as well  as  those  areas
              where it  is not reasonably foreseeable  that a  residual  waste
              management  system will be needed  after  ten  years;
              take  into consideration  any existing State  plan affecting the
              development, use and  protection of air, water  or  land resources;
              set forth a time schedule and proposed  methods of financing the
              development, construction and operation of  the planned  residual
              waste management system  together  with the estimated cost  thereof;
          (v)  include a provision for  periodic  revision of the  plan;  and
          (vi) include such other information as the department  shall  require.
     (e)   The  plan shall be  reviewed by appropriate official  planning  agencies
          within a municipality including a  planning agency with areawide  juris-
          diction,  if  one  exists, and the county planning  for the area and all
          such reviews shall  be transmitted  to  the  agency  with the proposed
          pi an.
     (f)   The  agency  is  hereby authorized to approve or disapprove plans for
          residual waste management  systems  submitted  in accordance  with this
          Act.   Any  plan which has not  been  disapproved within one year of
          the  date of  its  submission shall be deemed an approved plan.  In
          case any plan  is disapproved,  a hearing shall be held  thereon before
          the  agency within  fifteen  days after  request therefore is  made
          by  the municipality, municipalities, county  or authority whose plan
          is  disapproved.
     (g)   The  agency may establish priorities for the  time within which plans
          shall  be submitted and may,  in appropriate cases, recommend  the
          submission of  joint  plans.
     (h)   The  agency may  institute an action in  mandamus  in a court  of general
          jurisdiction of  the  county in which the municipality  is located  to
          compel municipalities  to submit plans  in  accordance with this  Act and
          the  rules,  regulations and procedures  of  the agency.
(2)   Public  participation  is encouraged.                                        CA(c)

     (a)   The  planning must  take  into account the need for the public  to parti-
          cipate.  There shal!  be public participation during development  of
          the  plan.  This  may  be achieved through appointment of a task force
          or  steering  committee composed of  city and county representatives,
          citizen groups,  or members of the  local residual waste industry  to
          assist  in  developing the plan. Public hearings  regarding  the  plan
          shall  be held  by the responsible entities.
     (b)   The  public must  be kept  informed regarding how the  plan operates.
          The  general  public shall be kept fully informed  through the  news

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           media or other suitable  means  during  the  development process of  the
           plan in order to instill  an  awareness of  the extent to which resi-
           dual waste management  practices  may enhance the environment, pro-
           tect the public health and  reclaim valuable resources.
 (3)   The plan must be compatible with  existing  comprehensive plan.
      (a)  The plan shall  be  compatible with any general plan and its appro-
           priate elements such as,  but not limited  to land use, circulation,
           public service, conservation and open space".
      (b)  A plan shall  not supersede  plans of any  local jurisdiction unless
           there is agreement by  the local  jurisdiction and the county or
           counties concerned.
      (c)  Take into account  the  comprehensive land  use plan of each jurisdic-   WA(a)
           tion.

           "Some states  permit new  landfills irrespective of existing zoning,
           other states  require conformanoe to existing zoning.
                              SECTION V I
                   COMPLIANCE/ENFORCEMENT AGENCY

                                                                             Model(a)
(1)   The agency shall have the responsibility to:   prepare, adopt,  promulgate,
     modify, repeal and enforce rules and regulations governing residual  waste
     management systems to conserve the air, water and land resources of the State,
     protect the public health, prevent environmental pollution and public nuisances,
     establish the procedures for permit application, review and issuance, prepare,
     issue, modify, revoke and enforce orders, after investigation, inspection,
     notice and hearing, prohibiting violation of  any of the provisions of this
     Act or of any rules and regulations issued pursuant thereto and requiring the
     taking of such remedial measures for residual waste management as may be nec-
     essary or appropriate to implement or effectuate the provisions and purposes
     of this Act.

SUPPLEMENTARY PROVISIONS
(1)  Action to enforce regulations or orders are authorized by this Act.         OR(a)
     (a)  The agency may take whatever action is appropriate for the enforce-
          ment of its regulations or orders.
     (b)  The Attorney General  is  similarly  empowered to  enforce this  Act        ll(a)
          by an action for mandamus,  injunction  or other  appropriate judi-
          cial  relief.
     (c)  The agency may institute proceedings to  enforce compliance with  or     OR(a)
          restrain  violations of  this Act, or any  rule, standard, permit
          or order adopted, entered or issued pursuant to this Act.
           •   In any civil action brought pursuant to this Act in which a temp-  CA(h)
              orary restraining order, preliminary injunction, or permanent in-
              junction  is sought, it shall not be  necessary to allege or prove
              at any  stage of the proceeding that   irreparable damage will occur
               should  the temporary restraining order, preliminary injunction, or
               permanent injunction not be issued,  or that the remedy at law is
               inadequate, and the temporary restraining order, preliminary injunc-
               tion or permanent injunction shall  issue without such allegations
               and without such proof.

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                               (Alternative)
(")   tin for cement powers arg established by this Act.

     (a.)   The aocncy  may tc.ks whatever action is appropriate for the enforcement
          of its rules OP orders.
     (b)   Whenever a  violation creates an emergency which requires irunetiate action
          tc nroiect  public: health,  safety or welfare,  the agency shall institute a
          proceeding  it law or i*i eauity In the name of the State to r^st^ain the
          threatened  :~.r existing pollution of the air of the State or the waters of
          the Stave,  the creation of a health or other serious hasafa,  OP the erec-
          tion of a public nuisance,  due to such violation.  The agency may act
          undsr this  section without the necessity cf a prior administrative pro-
          ceeding or  hearing and entry of an order, or at any time during an admii-
          isirative proceeding if a proceeding has been commenced.
     (c)   /£ the cine of instituting a proceeding under the above section, the aocncii
          must file one or more affidavits supporting the relief applied for, to-
          getter with a shot'} jause order directed tc the defendart.   On the day
          the proceeding is instituted or on the aay following,  the court shall
          •Issue the show cause order,  reauiring the defendant to appear at a time
          and place specified  in the order and to show cause, if any,  why the re-
          lief applied for should not be granted.  The complaint, together with int.
          affidavit and a show cause order, shall be seroed, on the defendant as •-,'
          summons.  The time for the appearance of the defendant may submit counter-
          affidavits  and both Parties may submit such additional eridence as ma'j uc
          appropriate.   Prior 1c the trial a temporary restraining order, tempoi'cry
          injunction  0* abatement order may be entered pending finaL determination
          of the matter ifter a trial on the merits.   The hearing on the show cuu.ce
          order shall -jonstttute a trial on the merits of the case,   fin appeal n'C-<
          be takf.n ir Hie usual manner, but there shall be no stay of the order of
          the court on appeal.  The agency shall not be required to furnish any bona
          in such a rroeeeding.

(2)   The  agency shall hoid investigations; shall make findings;  sna!i  issue
     orders; shall  provide notice and judicial review.

     (a)   Whenever  the  agency believes that any disposal  site or its            0«.,cl
          operation is unsafe, or not in compliance with rules or orders,
          It may upon its own motion investigate the operation of the dis-
          posai  s i te.
     (b)   The agency  shall  establish  and operate a monitoring and sur-
          veillance program over all  disposal sites or may contract with any
          qualified public or private agency to do so.   Licensees must  allow
          neressary access to the disposal site and to its records, including
          tho'>e required by other public agencies for such program to operate,
     (c)   ff such invest igac ion discloses that a violation may exist,  the       _  county in which the  offending activity occurr-
          ed  that has  requested notice  of enforcement  proceedings.

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(3)  Any person may file with the agency a complaint, meeting the requirements
     of^sub-section (a) of this section, against any person allegedly violating
     this^Act or any rule or regulation thereunder or any permit or term or
     condition thereof.  Unless the agency determines that such complaint is
     suplicitous or frivolous, it shall schedule a hearing.


                              SECTION  V I I
            OPERATION  A>;D  FINANCING OF  AREAW1DE  PLANS

SUPPLEMENTARY PROVISIONS
(1)  The agency is authorized to make, issue and appropriate grants in aid.     PA(a)

     (a)   The agency is authorized to assist counties, municipalities, and
          authorities  by administering grants to pay up to 	 percent of
          the costs of preparing official  plans for residual  waste management
          systems in accordance with the requirements of this Act and the rules,
          regulations  and standards adopted pursuant to this  Act, and for
          carrying out related studies, surveys, investigations, inquiries,
          research and analyses.
     (b)   All grants shall  be made from funds appropriated for this purpose
          by the legislature.
     (c)   Any municipality may elect to be governed by the provisions of this
          Act or to establish with other municipalities  a^eawide waste disposal  dis-
          tricts subject to the provisions  of this Act,  and such municipality or
          area shall thereby become eligible for grants  under this section.

                              {Alternative  #2)

 (1)   The  agency mat, in the name  of the State make OT contract Co make,  uiith-    NY (a)
      in  the 'limitation of the appropriations therefor,  a state  grant for
      payment during any of bh? ten successive  fiscal year's,  to  any municipality
      or  to  tu'o or more municipalities  Jointly  to  cover  the entire cost for the
      preparation of a comprehensive  study,

                              (A I terna tive  Jr?J
 (1)   The  county may levy taxes for residual waste managsment purposes upon     MN(a')
      all  taxable property  within the county, which shall not  affect  the
      amount or rate "f taxes which may be  levied  for other county purposes.
      The  county may issue  general obligation bonds for  the acquisition or      MN(d)
      better-merit of facilities for the  program,  or for refunding outstanding
      general obligation bonds issued for  this  purpose.
                              (Alternative  #3)

 (1)   The  agency shall determine  priorities  and allocate available funds among   WA(a)
      the  counties and cities applying  for aid  according tn criteria  esta-
      blished by regulations of the department  considering population, urban
      development,  environmental  effects of waste  disposal, existing  waste
      handlina practices, and the local justification of their proposed expend-
      itures.
      The  counties and cities si-tall match  their planning aid  allocated by the
      director by an amount not less than  	percent  c" the estimated cost
      of such planning.  Any federal planning aid  made directly  to a,  county
      or city shall not be considered either a  state or  local  contribution
      in determining local  matching requirements.   Counties and cities may meet
      their  share of planning costs by  cash and contributed services.
                                      4-10

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                             SECTION  VI I I
           AREAWi DE/MUNIC i PAL AUTHORITY -  MANAGEMENT
                    vn i (A)  j
SUPPLEMENTARY PROVISIONS                                                        PA (a)
(1)   Local  municipalities shall  comply  with the.  provisions  of  this  Act.
     (a)   Each municipality or combination of municipalities shall  survey the
          residual  waste management practices within its  boundaries and  pre-
          pare a residual waste management plan  co be compatible with the state
          plan.   The plan will provide  10- and 20-year qualitative  and quanti-
          tative projections of the residual  waste expected to be generated
          within the jurisdiction frorr,  residential, commercial, industrial
          and agricultural sources, and shall be submitted  to the department
          for its review and approval prior to its local  adoption and imple-
          ments t ion .
     (b)   Each municipality snail adopt ana implement the comprehensive  resi-
          dual waste management plan.
     (c)   Municipalities with contiguous territories within or adjacent  to this
          State may,  by ordinance or contract, join Jn an inter-mun ic i pa!  area-
          wide residua! waste management agency.

          (i) All municipalities entering into such an areawide residual  waste
              management agency agreement shall  not withdraw therefrom during
              the term of such agreement,
          (ii)All proposed agreements under this section  must  be submitted to
              and approved by the agency prior to enaccmesit.

(2)   The  legislative body of a municipality not  participating  in sn inter-
     municipal residual waste management agency  shal) :'orm  a residual waste
     management agency to serve the area within  its boundaries.

     (a)   Any two or more cities5 towns or counties or other public agencies      OK(a)
          may enter into agreements with one  another far  joint or cooperative
          action pursuant to a residual waste manogemeni:  system.  Any such
          agreement shall specify the following:

          ( i }  its J u ra t i on ;
          (ii) the precise organization, composition and  nature of  any sepai —
               ate legal or administrative entity crested thereby together
               with the powers delegated thereto;
          (iii) its purpose or purposes;
          (iv) the manner of financing  the joint  or cooperative undertaking
               and of establishing and  maintaining a budget therefor;
          (v)  the permissible methods  to be  employed in  accomplishing the
               partial or complete termination of the agreement;  and
          (vi) any other necessary and  proper matters.

(3)   Each  governmental  unit  may  operate  and  maintain  residual  waste  disposal
     facilities, and  for this purpose  may  employ  all  necessary personnel,  may
     adopt regulations  governing  the operation thereof,  may establish and
     collect  reasonable,  non-discriminatory  rates  and charges  for  the use  thereof
     by any  local  government  unit  or person.  Such moneys  shall  be used to pay
     all costs of  acquisition, operation and  maintenance of the  facility.

     (a)   Each qovernmental  unit  may contract with any person  for  the operation
           and maintenance  by  such  person of  any residual  waste facility,   buch
           contract shall  provide  for the operation and maintenance of such
           facility  in  accordance with  any  regulations of the agency, council
           and the  county  relating  thereto.

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     (b)   Each governmental ..in < t mjy also adopt ordinances governing  the opera-
          t:on of residual waste f-ic; lilies by any local government ur.it or
          person.  Such ordinances shal '  be consistent with applicable  regula-
          tions adopted by the agi-r c> .   The governmental unit nay prescribe  a
          penalty for the violation of any such ordinance not exceeding  the  maxi-
          'num which may be. spccIFic-d foi  a misdemeanor.
     (c.)   Each gov^nments) ur.J- rrgy ;,,ct  under any -iDpropr i ate  law providing for
          joint or cooperative ?cf':>ri between government units, to accomplish
          any specific purpose.
     (d)   Fach governmental ur i t n^y sell or lease siv property rights,  land,
          buildings, itruct ores or equipment previously used or acquired for
          residual waste disposal purposes.  Each governmental  unit may convey
          to or permit the 'jse of any such property iv/ a local  government  unit,
          vvitri ct without comper,s=>t ion , without submitting the  matter  to the
          voters o4' the count".'.
     (e)   All moneys received by any governmental (mil: from any residual waste
          facility shall be o^ id info the county treasury, placed in  a  special
          fund desiqnatej as ;-r,e r oi'vcy residual waste disposal fund.   Such
          money s are. to DP usKd only for  the operation of the residual  waste
          jOtinagement sv^tem,


               V i ! ! (B)  Ei
(t) A county  or a city Tay acquire .-.-;al or persona) property through  the        OR(a)
     exercise of the pov/er of etnirient domain for the purpose of operating  and
     maintaining disposal sites.  W-th the consent of the city  involved, a
     county may acquire propvty for a s;t:e within the  limits of s  city.   With
     the consent of a county havl.ig jurisdiction, a city nay acquire  property
     for a iite CJtsfde the- i '.\n\ L:-. of the city.

(2)   Before instituting jn\ c >nde"nnation proceedings to obtain necessary real   CT(b)
     property, the authority *. naM have made diligent efforts to obtain ssid
     property by purcnase or other means satisfactory to the authority a.nd shal!
     have ruled, by resolution, that in  its judgment the property  is  not other-
     wise obtainable save through condemnation proceedings.
     (a)   Any condemnation proceedings of "he authority shall be brought  >n
          acc.ctdance with established administrative and judicial  procedures.

(3;   Unless the property to be co*v1emr-ed is  located  in  ^n area  zoned  industrial,
     or in an area dt or COHTIOUOUS to an existing residual waste  facility or
     waste disposal area, th= authority  shall, before proceeding with condemna-
     tion, first receive the written consent of  the municipal authority having
     juri sdict. Ion. *
(4)   Where ~-i person entitled to an award in  proceedings to  condemn any  real pro-
     uerty reniains in ncsse.ss'on of  -;^id property  after title  Js vested  In the.
     condemnor, the reasonable value of  his  u-se  and occupancy of such property
     after title has been vested, or after any other time as fixed by agreement
     or by a determination of the court, shell be  a  Hen against sur.h award.
                                                   have different

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                             SECTION  IX
       ESTABLISHMENT OF  RESIDUAL WASTE  DISPOSAL SITES

                 IX(A) Criteria Used to Determine
                      Location of Sanitary Landfill

SUPPLEMENTARY PROVISIONS

(1)   A permit will  be obtained  for  new  or expanded  waste  disposal sites.        C0(a)
     A soils, geologic and  groundwater  report  of  the  characteristics of  the
     proposed site  shall  be included as required  by the agency.  This  report
     shall  be based  on a  geological  investigation and on  a  published standard
     soil  survey or  equivalent  data and shall  encompass the criteria below:

     (a)   A sufficient number of  borings  or wells shall be  drilled to  deter-
          mine the  soil,  geology  and groundwater  conditions.  These may  be
          supplemented by excavations where appropriate.

          (i)   Borings or wells shall be  drilled  five feet  into the groundwater
               or bedrock or 20 feet below the bese of the  proposed landfill,
               whichever  is shallower.
          (ii)  One boring or well shall be drilled  near the point of highest
               elevation, ten feet  into the groundwater.
          (iii)A minimum  of one groundwater quality monitoring well shall be
               drilled in each dominant direction of  groundwater movement.
               Location of  monitoring wells shall be  approved in advance of
               drilling by  the agency groundwater geologist.

      (b)  Each  site  shall meet with the approval of the agency.
      (c) Topographic  maps  shall  be provided and shall include as a minimum
          the  following:

          (i)   Borrow areas.
          (ii)  Location of  public and private water supplies, wells, springs,
               streams, swamps or other bodies of water within one-fourth of
               one mile of  the proposed landfill site property lines.

      (d)  Certain factors may serve to  limit normal  sanitary landfill  operations
          and  information pertaining to these factors shall be included as
          follows:

        (i)  Location of underground and surface mines within one-fourth of
             one mile of the proposed   landfill site property lines  and maps
             showing  the extent of deep mine workings, elevation  of  the mine
             pool and location of mine pool  discharges.
        (ii) Location of gas and  oil  wells.
        (iii)Location of high-tension  power line right-of-ways.
        (iv) Location of fuel  transmission pipeline right-of-ways.

    (e) Each map shall be accompanied  by the  following:

        (i)  Typical cross-sections of  lifts,  dimensions  and elevations  of
             the base 1 i fts.
        (ii) Grades  required  for  proper drainage  of lifts.
                                    it-13

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(2)   Criteria  shall  be  complied with  to prevent any possibility of groundwater
     pol1ution.

     (a)  To  assure  that there  is  no  risk of  free  flow  to groundwater, sites
         with  less  than six  Feet  of  fine soil over limestone or other fissured
         rocks,  or  coarse  sand and gravel  shall be considered unsuitable.
     (b)  A site  with six or  more  feet of fine soil over  limestone or other
         fissured  rocks, or  coarse sand and  gravel, is classed  in the: range
         of  limited  suitability.
     (c)  Depth  to  the seasonal high  water  table shall  be increased by at
         least  six  Feet for  each  additional  lift  depending on the character
         of  the  earth material.
     (d)  The site  shall  not  have  a flooding  hazard of greater frequency than
         once  in 50  years,
     (e)  The site  sha'l  be designed  and operated  in a  manner which will control
         surface water  percolation.
     (f)  Direct  fill  into  water or flood plain shall not be permitted.
     (g)  Effective  drainage  of surface water shall be  provided.

         (i) Provisions shall  be made to manage surface water at the sanitary
             landfi11  s i te.
         (ii)The grading of the  final surface of the fill  area shall provide a
             slope of  not less than 1.0% but not exceeding 15%, except as
             approved  by the agency.


               I X ( B )  C 1 a s s i f ications_  of  Residual Waste
                      D i sposa 1   S i tes _j*Note:  Classifications oF Waste
                      on Page  j-t-l'S)

 SUPPLEMENTARY  PROVISjQMS                                                         CA(f)

 (1)  Class  I Disposal Sites  are  those at  which  complete protection  is provided
     for all time for the quality of ground and surface waters from all  wastes
     deposited therein  and against hazard  to public  health and wildlife resources.

     (a)  Geological conditions  are naturally capable of preventing vertical
          hydraulic continuity between liquids  and gases emanating  from the
          waste in the  site and  usable surface  or groundwaters.
     (b)  Geological conditions  are naturally capable of preventing lateral
          hydraulic continuity between liquids  and gases emanating  from wastes
          in the site and usable surface or groundwaters,  or the disposal area
          has  been modified  to achieve such capability.
     (c)  Underlying geological  formations which contain rock fractures or fissures
          of0questionable permeability must be  permanently sealed to provide a
          competent barrier  to the movement of  liquids or  gases from the dis-
          posal  site to usable water.
     (d)   Inundation of disposal  areas  shall not  occur until  the  site  is  closed
          in accordance with requirements  of the  regional  board.
     (e)   Disposal  areas shall not  be subject to  washout.

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     (f)   Leachate and subsurface flow into the disposal  area shall  be contained
          within the site unless other disposition is made in accordance with
          requirements of the regional board.
     (g)   Sites shall  not be located over zones of active faulting or where other
          forms of geological change would impair the competence of natural fea-
          tures or artificial barriers which prevent  continuity with usable
          waters.
     (h)   Sites made suitable for use by rnan-made physical barriers  shall not
          be located where improper operation  or maintenance of such structures
          could permit the waste, leachate, or gases  to contact usable ground
          or surface water.
     (i)   Sites which comply with a, b, c, e,  f, and  g, but would be subject to
          inundation by a tide or a flood of greater  than 100-year frequency
          may be considered by the regional board as  a limited Class I  dis-
          posal site.

(2)   Class II  Disposal Sites are those at which protection is provided to water-
     quality from Group 2 and Group 3 wastes.   The types  of physical features and
     the  extent of the protection of groundwater quality  divides Class II sites
     into the two following categories:

    (2.1) Class 11-1 sites are those overlying usable groundwater and geologic
          conditions are either naturally capable of  preventing lateral  and
          vertical hydraulic continuity between liquids and gases emanating
          from the waste in the site and usable surface or groundwaters,  or
          the disposal area has been modified  to achieve  such capability.
    (2.2) Class II-2 sites are those having vertical  and  lateral hydraulic
          continuity with usable groundwater but for  which geologicai and
          hydraulic features such as soil type, artificial harriers, depth
          to groundwater, and other factors will assure protection of the
          quality  of usable groundwater underneath or adjacent to the site.

     (a)   Disposal areas shall  be protected by natural  or artificial features
          so as to assure protection from any  washout and from inundation which
          could occur  as a result of tides or  floods  having a predicted  fre-
          quency of once in 100 years.
     (b)   Surface  drainage from tributary areas shall  not contact Group  2 wastes
          in the site  during disposal operations and  for  the active  life of
          the site.
     (c)   Gases and leachate emanating from waste in  the  site shall  not  unreason-
          ably affect  groundwater during the active life  of the site.
     (d)   Subsurface flow into t!ir site and the depth at  which water soluble
          materials are placed shall be controlled during construction and
          operation of the site to minimize leachate  production and  assure
          that the Group 2 waste material will be above the highest  anticipated
          elevation of the capillary fringe of the groundwater.  Discharge
          from the site shall be. subject to waste discharge requirements.

(3)   Class III  Disposal Sites are those at which protection is provided  to water
     quality from  Group 3 wastes by location,  constiuction and operation  which
     prevent erosion of deposited material.
                                      -15

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      Classification of Wastes Discharged to Land

      Group  1 Wastes:  are wastes which consist of or contain toxic substances
      and  substances which could significantly  impair the quality of usable
      waters.

      Group  2 Wastes: are wastes which consist of or contain chemically or
      biologically decomposable material which does not  include toxic sub-
      stances nor those capable of significantly impairing the quality of
      usable waters.

      Group  3 Wastes: are wastes which consist entirely of non-water soluble,
      nondecomposable inert solids.


                             SECTION  X
                              PERMITS

SUPPLEMENTARY PROVISIONS                                                     urtnri , x
	                                                     MODEL(a)
(1)  The aqency  is  hereby  authorized to  issue  permits  for  residual  waste
      management facilities and systems, including design,  operation, mainten-
      ance,  substantial  alteration, modification or enlargement.  All such
      permits shall be nontransferable, shall be for a specified term of years,
      and  shall be subject to the fees established by the agency.  All  such
      permits so issued shall be conditioned upon the observance of the laws
      of the State and the rules and regulations authorized herein.

(2)   Each  permit holder shall apply  for  the  renewal of each  permit  held not  more
     than	days  prior to  the expiration date  of  each permit  to  be renewed  and
     shall tender with  the  application and a  non-returnable  fee  as  established  by
     the agency.

(3)   Each  permit application  and each  permit renewal application  shall be  sub-
     mitted  with proof of a  performance bond,  in a  sum established  by  the
     agency, payable  to the  State and  conditioned on the fulfillment by the
     permit  holders of  the  requirements of this Act and  the  rules  and  regula-
     tions authorized herein.

SUPPLEMENTARY PROVISIONS

(1)   It  shall be unlawful for any person, municipality,  county  or authority      PA(a)
     to  use  or continue to  use their  land or the land of any other  person,
     municipality, county or  authority as a  residual waste  processing or dis-
     posal  area of a  residual waste  management  system or transport  residual
     wastes  without first obtaining  a  permit from the agency; provided that  this
     section shall not apply  to farmers and  they shall not  be required to  obtain
     a permit for normal farming operations.

     (a)   The  statement shall contain  such  information as may be  prescribed
          by the agency.
     (b)   No statement  shall  be approved by  the department  when  in  the op in-    NJ(a)
          ion of the  department such  residual waste collection  or  disposal
          system or operation will not meet  the standards or criteria  set
          forth  in  regulations as may  be promulgated under  authority of this
          Act.
                                     t-16

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(2)   Permits under  this Act  •>*"!« 11  not be '"squired  tor  tre  '."oHc-io, > ny faci!'-     CT(c)
     t ies:

     (a)  Residual waste  facilities at which less  than  Five  (5)  tons  per year
          of solid waste  are processed or disposed of  provided  that Hazardous
          or toxic waste  is  not disposed of at tht. area,
     (b)  Areas for the dispcs?!  of clean till w,hich do  nor  pollute a round and
          surface waters  of  the State.

(3)   Arty person, municipal authority or regional authority who  bin Ids.  establishes
     or alters a residual  waste facility must abeam a  permit.

     (a)  Each application shall  include all information  required  by  the most
          current regu >at ion;,  or c.uide lines published  !;•,  the ager.cv regard'ng
          such facility;  however,  nothing in these re-/  .i:ions  shall  preven:.
          the agency  fron- requesting additional  infor'.,j'.' on  concerning  api appli-
          cation if it deteminei  th.it sucn additions?   "iFcrmation  is necessary.
     (b)  For purposes of  pernii c appl icdt ion, the ani M«.';  shall  cK'^-s i'.:y residual
          waste disposal  areds.   Such classification ma/  include,  but need not
          he limited  JT the  foi lowing c;chenie;
          (i;  existing resid'ja!  waste dispose1! areas  where  no  i?\pan: ion wi ! 5
               take place;
          \ii) existing residual  waste disposal crczz  where  expansion w; i I  ta'.e
               place;
          (i i i }exi s t i fig residual  waste 'jreas whi.h w'H  be. closed within one year
               of the date: of  these regulnt ions,
          (iv) new  residua!  waste  disposal  areas '• c •<:  Darrni ttsd after  satisfac-
               tory review and  approval  of  an app!  ', . •').:  ' >r,,

     {c}  Information req^red  by  the agency shal :  iepe'.id upon  L!:C  c !•:!£. 5 of the
          residua! waste  disposal  areas,  Such i r, <".•->••,.;-, i icn shal!  be out 1 ir,p-J in
          guidelines  prepared  b/ the agency.

(^)   The agency :nay impose any  reasonable condi t it-n^ upon an  approval ct" ^ residua*
     waste  faci I i t.y.

(5)   The holder of a  permit  May net transit.!- :t wi  tociut  p; ior written perniissir'T
     of ihe agency.

(6)   A disposal site  shall not  be  operated,  nia inl \Vi ned or sut-staru fa' 1 v alter-    ORjaj
     ed, expanded or  lmpr(;ved,  and a change shall not  be made in r^e  me r hot! or
     type of disposal  at a disposal  site, unt M the pc-r^on owuiiiq or  control I :no
     the disposal  sic« obtains  a  oerinit  th-?.rivfor froro  the agenc-:',

     (a)  An application shall  con Loin a descr^pr'on of  the  exsstir.g  and pro™
          oo^ed operation  and  the  existing  anrl proposed  faci1 ' ties  at Ihf  .lit-:,
         with detalleJ plans and  5;oeci fical ions t'o." any faci !• "ies t.c  r.e  con-
          structec,
     (b)  Plans, designs and  relevont data  for the construction  ,v  allcra.ion    PA(i.i)
          of residual  waste  processing and  dispos.?! f-nci 1 11 ier.  and  chf  loca-
          tion of residual wante  process i ig ahd disposal areas  sha; I  be p* ep£.«rs.-d
          by a registesed  profess ionol  enqinerr an^ slvil 1 be  sut'iri ct.rid  to "he-
          agency for  approval  prior  to the  construct io*1, ~ilt::rarioM or  operacicn
          of such facility or ^griculturs!  purposes ?n a Manner  which w'i1  not
          create a public  health  hazard  or  poHu1.i c '<:  the  3 \ c  or  water

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(7)  Any permit granted by the agency, as provided in this Act, shall  be re-
     vocable or subject to suspension at any time the agency shall  determine
     that the residual waste processing or disposal fjcMity or area:

     (a) is, or has been conducted in violation of this Act or the rules, regu-
         lations, or standards adopted pursuant to the Act;
     (b) is creating a public nuisance;
     (c) is creating a health hazard; or
     (d) adversely affects the environment or economic development of the area.


                              SECTION  X!
                           STANDARD IZATION
               Xi (A) Requi re.7ii. :ti, and Prohibitions

SUPPLEMENTARY PFiOV I S IONS
('))  Agency  approval  is  required  to operate  a waste management  facility.        CA(c)
     Each operator of  a residual  waste management system shall, in order to
     continue operation, obtain written approval  from the Enforcement  Agency
     having jurisdiction.   In issuing such approval,  any conditions necessary
     to achieve compliance with standards or a  county plan shall  be specified.
     Such conditions are to he stated in the written  approval.   Facilities which
     were in operation prior to trie  effective date of these standards  shall be
     granted approval  to continue .iperation if  tne Enforcement Agency determines
     that the station  reason
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(k)   It  shall  be unlawful  for any person,  municipality,  county,  or authority
     to:
     (a)   Dump or deposit  or  permit  the dumping  or  depositing of any residual
          waste  onto the  surface of the ground  without  having obtained  a  permit.
     (b)   Construct,  alter or operate a residual  waste processing or disposal
          facility or area of a residual  waste management system without' a permit
          or other approval  from the agency or in violation of the rules,  regula-
          tions, standards, or orders of the department.
     (c)   Store, collect,  transport, process or  dispose  of residual  waste  con-
          trary to the rules, regulations, standards or  orders of the agency  or
          in such a manner as to create a public nuisance.
     (d)   Refuse or hinder entry and inspection  by  an agent or employees of the
          agency after such  agent or employee identifies himself and giv?s
          notice of his purpose.

                           XI (B)  Variances
             (Exceptions,  Exemptions, "Grandfather  Clause")

SUPPLEMENTARY PROVISIONS

(1)   Waivers or rnodificat ion  of  individual  mandatory standards may be made      CA(c)
     only  by the agency upon  recommendation of the  Enforcement Agency and  the
     local  land use authority having jurisdiction.   Waivers  shall  be granted
     only  to relieve  hardships,  or to facilitate  experimental  operations in-
     tended  to develop new methods or technology.   Waivers or modifications
     for experimental  operations will  be  considered  oniy  upon  submission of an
     acceptable detailed proposal  which  clearly  sets  forth the objectives,
     goals,  procedures, controls,  monitoring,  reporting  time  frame,  and
     other pertinent  data  regarding  the  experiment,  providing  that  no signi-
     ficant  health, safety, or  environmental  hazards  or  public nuisances will
     be created.   Such  modifications or  waivers  shall  be  limited  to  a maxi-
     mum of  two year;*;  however,  the  agency  may renew the  waiver  or modification
     for one or more  additional  two-year  periods  upon  a  showing  that  the ex-
     perimental  operation  is  proceeding  satisfactorily arid requires  additional
     time  to permit valid  conclusions to  be drawn regarding  the  results  of the
     experiment,   Waivers  involving  health-related  standards  shall be granted
     only with concurrence of the  department of  health.   Upon  successful con-
     clusion of the experimental operation  the agency  can grant  a  permanent waiver
     of an Individual  mandatory  standard.
(1)   The agency  may issue  and grant annually an exemption if in his  .judg-
     ment no nuisance,  or  hazarc  to public health  or- the  environment shall
     b?  created.   Any  exemption hereby  authorized  shall expire  and become
     Vend if by  reason of  said exemption the operation of a  disposal area
     shall be or become a  nuisance  o» hazard to public health o\> the environ-
     ment,  or contravene any  $revision  of this  Act.

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                              (Alternative #2)
(i)   Mod! fi a.': lion of existing piles, facilities, and operating pr'jcodur-cs      WA(b)
     for conformanje with the requirements of this Ast shall be accomplished
     as pf'irobi-ij as possible and in eonformance to the county or  regional,
     residual waste. management plan.  When the degree of necessary  inrorove-
     >nent is of such an extent that immediate compliance cannot be  acco'n-
     pushed,  special approval shall be requested from r~k& ule_,        NJ('b)
    'i'f'^v.la.tlcn or c<.6ninistral-;.T"? order promulgated hereunder,, or uho shall
    ew,.;.£  i-"i the residual Wats collection 'business or  residual uasto  dis-
    poi-cl  business s.jitnouL ho.vinc: been  issued a certificate, of public con-
    'vt-iL-t^ncc dful '••.eazs hi ti,, shall be liable  to a  penally of nor- ;-tore  than  £ _____
    f'-r  a  fir 3-1  offense, not  less than  $      or more  than  6' ___ _____ for- a second
    and er.erv i-iubss^uenf: offense.  The penalties  herein  provided shall  be  w-
     f'n-:rd b": 'r.K^tiaTj  'jroceeiincji'.  Instituted  hj the aacncy in  tne  name  of the

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                              (Alternative  #2)

 (1)  In addition to any liability,  duty,  or other penalty provided by law,  the  OR(b)
     agency may assess a civil penalty for any violation pertaining to residual
     waste management.   The amount  of such civil penalty shall be determined
     consistent with the following  schedule:

     (a)  Not less than one hundred dollars ($100) nor more than five hundred
          dollars ($500) for violation of an order of the agency.
     (b)  Not less than fifty dollars ($50) nor more than five hundred dollars
          ($500) for any violation  which  causes,  contributes to,  or threatens:
          (i)  a hazard to the public health or safety;
          (ii)  damage to a natural  resource,  including aesthetic damage and
               radio-active irradiation;
          (iii) air contamination;
          (iv)  vector production;
          (v)  exposure of any part of an ecosystem to environmentally hazardous
               wastes,  as defined by statute or rule of the  agency;  or
          (vi)  a common law public  nuisance.

     (c)  Not less than twenty-five dollars ($25)  nor more than three hundred
          dollars ($300)  for any other violation.


                           XI I(B)   Inspections
 SUPPLEMENTARY  PROVISIONS

(1)   Any authorized official of the agency or the  local  Enforcement  Agency      CA(c)
     may make inspections of any facility,  equipment or  vehicle used for
     storage, collection,  transportation,  processing,  disposal  or  reclama-
     tion of  residual  waste, as are necessary to insure  compliance with these
     regulations.

      •   Entry shall  be made at any reasonable time for  the purpose of        WA(b)
          determining  compliance with  this  Act  and  relevant  laws and regula-
          tions.


                             SECTION  XIII
             JUDICIAL  AND  ADMINISTRATIVE  PROCEEDINGS


 SUPPLEMENTARY PROVISIONS                                               *

(1)   All oral evidence and testimony given at the hearing shall be recorded      OK(b)
     and transcribed.   All written  evidence and testimony shall be included
     as appendices to the transcribed proceedings.  A copy of the transcript
     of such proceeding may be obtained from the agency upon request and pay-
     ment of the costs for making such copy.

(2)   Prior to the adoption of state policy for residual  waste management,  the  CA(a)
     agency shall hold a public hearing respecting the adoption of  such policy.
     At least	days  in advance of such  hearing the board shall  give notice
     of such hearing by publication.
                                 4-21

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(3)  Any appeal  of the application of any local  rule or regulation promulgated
     pursuant to these standards must be first heard by the local  governing
     body.   If the appeal  has been denied by the local  governing body,  the
     agency may hear the appeal.  The agency may hear only those appeals which
     allege that the application or enforcement  of any local  rule or regulation
     promulgated by the local governing body is  an inconsistent, erroneous or
     unlawful  application  or enforcement of these standards.   Such petitions
     will  be filed in accordance with the requirements  of the agency and must
     be acted upon within  a period of ,	 days after period of receipt.
     The agency  will  have  the authority  to  confirm the  action  taken  by  the
     local  Enforcement  Agency,  require  that  the  local  Enforcement  Agency re-
     consider  the  action they have taken, or the agency can  set  aside any
     action  taken  by  the local  agency and adopt  those actions  deemed necessary.

(4)   All records of the appeals  hearings shall be open  to inspection by           CA(c)
     the public.

(5)   The agency, after  reasonable notice and public hearing,  shall  temporarily   C0(a)
     suspend or  revoke  a certificate  of  designation that  has  been  granted  by
     it for  failure of  a site and facility  to comply with all  applicable laws,
     resolutions,  and ordinances or to  comply with the  provisions  of this  Act or
     any rule  or regulation adopted pursuant  thereto.

       • Those  counties desiring to  do  so,  may, pursuant to  their permit         MN(f)
         processing  authority revoke permits.   In order for  the county  to
          revoke a permit:
          (i)  The agency  shall  approve  or  reverse the  revocation;
          (ii) The county  must receive written approval  of the permit revoca-
               tion from the agency;
         (iii) Where  a  revocation has been  approved by  the agency,  the  appli-
               cant must be informed  in  writing  by the  county  of the reasons
               for denial  or revocation;
          (iv) A revocation of a permit  by  a county shall  be  without prejudice
               to  the applicant's right  to  an appearance before  the  agency
              within 	days,  or for filing a further  or new application
              with the county after  revisions are made to meet  objections
               specified as reasons for  revocation.

(6)  If the  agency refuses  to grant a permit, the applicant may  petition        IL(a)
     for a  hearing before  the agency  to  contest  the decision.   The agency
     shall  give  	day  notice to any  person  in the county where  is located
     the facility  in  issue  who has requested notice of  enforcement oF pro-
     ceedings,  and shall publish that 	day notice in  a newspaper of general
     circulation in that county.  The burden of  proof shall  be on  the petition-
     er.   If there is no final  action by the agency within 	days,  petition-
     er may  deem the permit, issued under this Act.

       • Any  party adversely affected  by a  final order or determination of
          the  agency  may obtain  judicial review, by filing a  petition for
          review within 	 days after  entry of the order or  other
          final  action.
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                              (Alternative)
 (7)   Whenever the agency denies a permit or suspends a permit, it shall,         WA(a)
      upon request of the applicant or holder of the permit, grant a hearing
      on such denial or suspension within thirty days after the request therefor
     is made.   Notice  of the hearing  shall  be given  all interested parties.
     Within thirty days after the  hearing,  the  agency  shall notify the appli-
     cant or the holder of the permit in writing of  his determination and
     the reasons therefor.   Any party aggrieved by such determination may
     appeal to the agency by filing with the director  a notice of appeal
     within thirty days after receipt of notice of the determination of the
     agency.


                              SECTION  XIV
             SITE CLOSURE  (COMPLETION, ABANDONMENT)

SUPPLEMENTARY  PROVISIONS
(1)  Upon closing of residual waste  facilities  requirements shall be complied    CT(c)
     wi th.

      (a)  If an owner  or permittee intends  to close  a  residual waste disposal
          facility,  he must notify the agency of his intention to do so at
          least	days prior  to  the closing.
      (b)  When closing a residual  waste disposal area, the permittee shall
          comply with  the regulations governing such closing:

          (i)   concerning grading  and seeding;
          (ii)  concerning final cover;
          (iii) concerning vector control; and
          (iv)  concerning decomposition gases.
      (c)  The  agency may require additional construction  or information submitted
          to insure the proper closing of any facility so as  to  preserve and
          protect the  natural resources and environment of the State.
      (d)  The  agency shall  cause to  be inspected all residual waste facilities
          that have been closed to determine  if the  closing is complete.   It
          shall  notify the owner of  a closed  residual  waste facility if the
          closing is satisfactory.
      (e)  Information  concerning the  use of the site following closing shall
          also be submitted to the agency for its approval.
      (f)  The  owner or operator of sanitary landfill site shall  monitor gas,
          water and settling at the  completed site for a  period  of	years
          after the site is completed or closed.  The  owner or operator shall
          take whatever remedial action is  necessary to abate  any gas, water
          or settling  problems which  appear during the three year period.
      (g)  The  owner or operator shall file  a detailed  description of the site,
          including a  plat, with the  appropriate county  land  recording author-
          ity  for the  county in which the site  is  located.


                              SECTION  XV
                 REUSE, RECYCLE,  RECOVERY, INCENTIVES

SUPPLEMENTARY  PROVISIONS

(1)  Recommended incentives are identified  as consisting  of:

      (a)  State grants, loans, and other assistance, and  disincentives, to         ^a'
          public agencies and private organizations, and  individuals necessary
          to accelerate the reclamation and recycling  of  resources from
          wastes.
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     (b)   The effects of existing public  policies,  including  subsidies  and
          economic incentives  and disincentives,  percentage depletion allow-
          ances, capital gains treatment,  and  other  tax  incentives  and  dis-
          incentives, upon the recycling  and  reuse of  solid wastes,  and the
          likely effects of the modification  of  elimination of  such  incentives
          and disincentives upon the reuse,  recycling, and conservation of such
          resources.
     (c)   The advantages and disadvantages, and  methods  of  imposing, disposal
          taxes on packaging,  containers,  vehicles,  and  other manufactured goods,
          which charges would  reflect the  cost of final  disposal,  the value of
          recoverable components of the  item  and  any social costs  associated
          with the nonrecycl ing or uncontrolled  disposal of such  items.
(2)   A user fee of 15 cents per cubic yard shall  be  levied on residual  waste    MM (a)
     materials disposed at a permitted landfill.   Except that no  fee shall
     be levied against a company for by-product  materials  produced  by  its manu-
     facturing, construction,  power-generating or mining processes  when such
     materials are disposed of at the company's  private  disposal  facility.
     Such charge shall be collected from  the  operator  of the  facility by the
     state commissioner of taxation in a manner  determined by him.   Proceeds
     of such disposal charge shall  be paid to the general  fund  of  the state
     treasury.  Any contract in effect,  if the parties to  the contract  mutually
     agree,  may be renegotiated to reflect increased costs due  to  the user fee
     imposed by this  section.   The exemption  shall terminate  upon  expiration  of
     the  contract.   If a party to such a contract, after a good faith attempt
     to renegotiate the contract, is unable  to do so and the  contract will con-
     tinue in effect, exempt from the user fee imposed by  this  section.   The
     operator of residual waste disposal  facility may  require such  a party to
     display his certificate of exemption  at  the  operator's request.
(3)   Reusable/Deposit type of  containers  are  encouraged  to  be used.  Specific
     practices are required of dealers and distributors.                          R(a;
     (a)   A dealer shall not refuse to accept  from any person any  empty
          beverage container of the kind,  size and brand sold by  the dealer,
          or refuse to pay to  that person  the refund value of a beverage con-
          tainer.
     (b)   A distributor shall  not refuse  to accept from  a dealer any empty
          beverage containers  of the kind, size,  and brand sold by  the  distri-
          butor, or refuse to  pay the dealer  the  refund  value of a  beverage
          container.
     (c)   To promote  the use in this state of reusable beverage containers of
          uniform design, and  to facilitate  the  return of containers to manu-
          facturers for reuse  as a beverage container, the agency  shall  certify
          beverage containers  which satisfy  the  requirements  of this section.


                              SECTION XVI
             ADVISORY  COUNCIL AND ENVIRONMENTAL STUDY

SUPPLEMENTARY PROVISIONS

(1)   There is hereby  established the Residual  Waste  Management  Advisory           ^  '
     Counci1.

      •   The council shall  consist of thirty-one members, as follows:   Fifteen
          members  representing the planning  regions  of the State;  Eight members

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          representing business and industry;  arid Eight representing the
          general  public including environmental  and conservation organiza-
          tions and interests.
(1)   There is 'hereby cheated an independent board to be know*-, as the Po'l'lu-    LLjt.aj
     tion Control Board,  consisting of 5 technically qualified members,  no
     more than 3 of whom may be of the same politica.1- party,  to be appointed
     bi,  the (fOVernot' with the cdoi",e ond consent  of the Cena'se.

(2)   There is hereby established within the Executive Branch  of the  State        "-(a)
     Government an institute to be known as  the Institute  for  Environmental
     Quality,  The institute shall be under the supervision =md control  of
     a  director who shall be appointed by  the Governor for a  term of three years.

     (a)   The director shall employ such personnel, provide such facilities,
          and contract for such outside, services  as a;ay be necessary to  carry
          out the purposes of this Act.
     (b)   It shall be the duty cf the Institute to investigate practical pro-
          blems and implement studies and  programs relating to the technology
          and administration of environmental protection,  to  obtain, store,
          and process relevant data, and to reconmenoi technological, administra-
          tive, and legislative changes and developments respecting environ-
          mental  quality and re-cycling, reuse and conservation of natural
          resources and residual  wastes.

                              SECT! ON Xv/i I
                       SPECIAL  CONSIDERATIONS
                         XV II (A)  Haza r dcu5_ Waste
(1)   Whenever  hazardous  waste  is  produced and alternate reclatnot ion or reuse    PA(b)
     is  not  possible,  the collection,  transportation,  processing and disposal
     shall be  accomplished in  accordance with the provisions  of this Act.

     (a)  There  shall  be no consignment  of waste to another:

          (i!  without the disclosure  of its  hazardous nature:
          (ii) without the assurance that subsequent handling and disposal  shall
              be  accomplished in a  satisfactory manner and in  accordance  with
              the laws  and regulations  of this  Act.

     (b)  The  agency shall maintain  a  list of hazardous wastes.
          (i)  The agency shall maintain a multiple list of hazardous or po-
              tentially hazardous, materials  as  determined  by experience,
              investigation and  literature.
          (ii) The lists shall  be so divided  so  as  to  provide an element of
              del ! neat ion .
         (iii) Any material  or substance proven  to  be  hazardous by actual
              contamination or Injury shall  be  placed on the list with  the
              proper  information to guide subsequent  handling,

     (c)  Listing  or non-1 ist'ny  is  not  the basis of any conclusive presumptions.

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               The  naming or  omission  of  any  material  or  substance  should  not
               be construed  tc  be  ultimate  determination  of  classification.
               No substance,  should be  considered  wholly  free of  suspicion  as
               a hazardous agent solely based on  its  absence from  the  agency
               1ist ing.

     (d)   The  agency  shall maintain a  list  of toxic wastes,

          (i)   Each  item or  class  of item shall be  listed by common name,
               chemical name, trade name  or otherwise identified.
          (ii)  The  lower  limits of toxicity shall be  indicated  in  the  listing.
          (iii)Recommended handling and disposal  methods  when known shall  be
               added  to the  listing to assist in  upgrading management  practices.
               Known  unsatisfactory handling  practices shall  be  specifically
               delineated,

     (e)   The  agency  shall maintain 3  listing by  flammable and explosive wastes.

               Each  item or  cK-.ss  of item shall be  listed by common name,
               chemical name, trade r.ane  or otherwise identified.
               The  conditions cr limits of  fJamnabi 1 ity or expiosiveness shall
               be indicated  in  the listing.   The  listing  ihal1  include a lower
               limit  of the  quantity considered hazardous even  though  respect-
               fully  handled.
          (iii)Ths  recommended  handling arid disposal  methods shall  be  added  to
               the  lifting when knov/n-  Unsatisfactory handling  practices  shall
               be spec! f ir.al ly  delineated.

     (f)   The  agency  shall maintain a  list  of pathogenic  wastes.

          (?)   Each  item or  class  of item shall be  listed by common rname,
               chemical name, trade name  or otherwise identified.
          (ii)  Quantity limitations whJch contribute  to  the  hazardous  quality of
               the waste shall  02  provided
          (iii) Both desirable and  undesirable disposal methods shall be included
               in the i i st ing.

     (g)   The  agency  shall maintain a  list  of radioactive wastes.
          (i)   Wastes shall  be  described  by <; peri fie  common  name and chemical
               name.
          (ii)  The  hazardous  materials  listing shall  not  be  considered all in-
               clusive and shall be updated and expanded  as  new  information
               becomes available.
          (iii) References concerning the  hazardous  nature of materials placed
               on the listing shall  be maintained.
          (iv)  Federal and State standards  for handling  and  disposal shall be
               followed.

(2)   Hazardous  Waste  Control  and Spill Contingency  Plan:   The agency shall      MM(a)
     study and  investigate the  problems of  hazardous  waste control  and shall
     develop a  statewide hazardous waste  management  plan  detailing  the loca-
     tion  of hazardous waste disposal  facilities  and  storage sites  throughout
     the  state  and  the needs  relative  to  the  interstate  Transportation of  hazard-
     ous waste.
(3)   No hazardous wastes shall  oe  deposited in a  residual waste  disposal site     OK^b)
     or facility operating under an agency  permit unless  the site  of facility

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     has been approved for deposition of such wastes by the agency.  Disposal
     of hazardous wastes as approved by the agency may include deposition at
     a sanitary landfill site, at a separate land disposal site or facility
     or by some other method  including but not limited to "soil farming tech-
     niques" (incorporation into the top layer of soil), resource recovery
     facilities or approved type Incineration.


                    XVI I{ 8 )  Record Keeping Regarding Wastes

SUPPLEMENTARY PROVISIONS

(1)   Station records generally:                                                 CA(c)

     (a)   Weight Volume Records.   Each station operator shall  maintain records
          of weights or volumes  handled in a manner and form approved by the
          agency.   Such records  shall  be sufficiently accurate for overall
          planning and control purposes.
     (b)   Special  Occurrences.  Eacn operator of a station handling an average
          of 100 or more cubic yards of waste per operating day shall maintain
          a log of the following information:  fires, injury and property
          damage accidents,  explosions, incidents regarding hazardous wastes,
          flooding and other unusual occurrences.
     (c)   Inspection of Records.   The records shall  be open to inspection by
          authorized representatives, of the agency,  the local  health entity
          and other duly authorized regulatory and anforcement agencies during
          normal business hours.   Information of a proprietary nature need not
          be presented,  notwithstanding the reporting requirements of local
          government ordinances,  contracts or agreements.   Records considered
          to be of confidential  nature shall be treated as confidential  infor-
          mation by r.ha agency.

(2)   Preparation of hazardous  waste records:                                   CA(g)

     (a)   The Hazardous Waste  Hauler Record (Manifest) is  to be utilized for
          recording all  hazardous wastes transported to handling facilities
          including processing plants, resource recovery facilities, or dis-
          posal sites.  The Manifest must be carr'ed by all haulers of hazard-
          ous wastes whether said hazardous waste is a liquid, solid or sludge
          The Manifest sections  must be completed by tha waste producer, by
          the waste hauler and by the hazardous waste facility operator.
     (b)   The produce" of the  waste must provide his name,  pick-up address and
          the date the Manifest  was prepared.  The producer shall  also indi-
          cate the process,  operation* or activity which most  accurately des-
          cribes the source of the waste.   The producer shall  describe the
          wastes accurately.   The description shall  include the type of waste,
          composition, hazardous  properties, and special  handling  instructions.
          A waste  producer  may retain the services of another  party in order
          to identify the wastes  through analysis or inventory.  The ultimate
          responsibility for proper identification remains with the producer.
          In the case of mixed waste,  the producer shall  maintain  logs or
          records  of mixing operations so that the composition of  the waste
          can be estimated,
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           e   Special  Handling  Instructions:   The.  producers must  provide
               any  special  handling  instructions  that  may  pertain  to  the
               waste.   This information  is  to  be  provided  in order to
               facilitate  handling and to ensure  the safety of  personnel
               hauling  and  disposing of  the waste.

     (c)   The  hauler of hazardous wastes shall  provide his name, business
          address,  date of  pick-up and his  State  Waste Hauler's  Registration
          Number  and a  serial  number on  the Manifest.   He  shall  indicate the
          type of vehicle  used, whether  vacuum truck,  flatbed truck,  or other.
     (d)   The  hazardous waste  facility operator handling hazardous wastes  must
          list his  name and site address.   The weight  of the waste shall be
          measured  or estimated at the site, and  the amount shall  be  indicated
          in tons on the Manifest, along v/ith  the amount of the  State hazardous
          waste fee.  The operator snail  indicate the  method of  handling the
          waste,  whether by recovery,  treatment,  disposal, or a  combination of
          these methods, and the date  received at the  facility.  in case of
          a multi-waste load with a separata Manifest  for  each waste  when  the
          wastes  have been  mixed in a  common container  or  tank,  the estimated
          or measured weight of the entire  load shall  be indicated on only
          one  of  the Manifests.  An operator of a hazardous waste  Facility shall
          not  accept any waste material  which  he  believes  to be  hazardous  un-
          less a  properly  completed Manifest which  accurately  identifies the
          waste is  submitted by the hauler.

           •   The  information derived from this  record keeping  requirement
               is to be used by the disposal site operator to select  the best
               method of handling the  material.   If disposal  is  the most appro-
               priate method then the  record will provide  a basis  for selecting
               the  best location in the  existing  site  for  deposition  of the
               waste.   The  knowledge of  the location of wastes  within a site
               will prevent incompatible materials  from mixing with each other
               and  shall therefore result  in a decrease in the  production  of
               poisonous gases and fires at disposal sites.


          XVii(C) Regulation of Transportation of _ _R_esiduai Wasteb*

(1)   It  shall  be  unlawful  to transport or to permit the transportation of  any
     residual  waste, whether by truck, train,  barge or pipeline  without having
     first obtained anenc.y  approval.   The transportation of residual  waste
     material  shall be  accomplished neither  in a  manner which  is contrary  to
     the  rules, regulations, standards or orders  of the agency,  nor in such
     manner as to adversely effect or  endanger the  health, safety, environment
     or  economy of  the  area of destination  or  of  any area  through  which such
     transportation occurs.

(2)   The  agency shall possess  final approval authority over:

     (a)   Routing-to avoid  areas where spilis  could have serious deleterious
          effects upon  the  environment and  water  quality.
     (b)   Equipment condition  -  to ensure effective transportation of materials
          and  maintenance  of safe conditions.

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     (c)  Pipeline construction - to require construction criteria for meeting
          the waste demands.
     (d)  Time schedules regarding transportation -  to provide the safest and
          most efficient interaction with the general  community business.
     (e)  Maintenance of facilities - to enforce the best management practices
          ava ilable.

     "The above provisions are suggested as a possible approach to establishing
      control over transportation of residual wastes.   The legislation which
      was studied dealt ineffectively with this area.

                    XV!I(D) Abandoned Motor Vehicles
(1)   Any person may apply to be licensed as a collector by submitting an        MN^t;
     application to the agency.  In the application, an applicant must demon-
     strate that he owns or has access to at least one tow truck and equipment
     having the capacity to haul  two or more abandoned motor vehicles at one
     time.   The licensee shall also keep a record of all  abandoned motor vehi-
     cles and other scrap metal collected, which record shall  be subject to
     review by the site operator and the agency.
(2)   Any person may apply to be licensed as a transporter or reducer by submitting
     an application to the ao ncy.  The applicant must demonstrate:
     (a)  that he has ready access to a market for any and all  abandoned motor
          vehicles and other scrap metal which he may  reduce;
     (b)  that he owns or has adequate transportation  or  reduction equipment;
     (c)  that he will provide adequate fire-fighting  equipment at each regional
          col lection  si te.
     The licensee shall also keep a record identifying all abandoned motor
     vehicles and other scrap metal transported or reduced,  which record shall
     be subject to review by the site operator and the agency.   Unless specifi-
     cally authorized in writing by the agency, reduction of abandoned motor
     vehicles is prohibited by open burning or incineration.   In  the event of
     reduction by means of  incineration  pursuant to an agency permit, said
     person shall  have in his possession an affidavit  from the permittee holding
     a  permit from the agency for such incinerator,  verifying  that the abandoned
     motor vehicles in his possession were reduced in  an  incinerator subject to
     an agency permit.
(3)   Any person may apply to  be licensed as a scrap  processor  by submitting an
     application to the agency.  The applicant must  demonstrate that he owns
     or has access to a hydraulic bailer, shears, shredder or  other  equipment
     capable of converting a  large volume of scrap metal  to a  more usable form.
     The licensee shall also  keep records.  Such records  shall  be subject to
     review by the site operator  and the agency.  No person  shall possess,
     process, employ  or use abandoned motor vehicles which have been reduced
     by open burning  or incineration unless the incinerator used in  the re-
     duction is subject to an agency permit.


                      XVI I(E)  Mine Drainage Control

(1)   If, upon investigation,  the  agency finds a coal mine operating  in vio-        *  '
     lation of one or more of the provisions  of the  mine  drainage permit, the
     agency may issue a notice informing the  permittee of the  nature and the
     extent of his permit  violations and advising him  that unless the violations

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     are removed by a specified date,  the case will  be referred for suspension
     or revocation of the drainage permit and whatever other  action as the
     agency may see fit to take.

(2)   Monthly operation reports shall  be submitted to the agency in all cases
     in which treatment is applied to the discharge  and for those operations
     where the combined flow from the mine exceeds an average daily discharge
     rate of 50 gallons per minute.

     (a)  The permittee shall  furnish the following  information:

               Rate of discharge, for each day during the preceding month;
               Analysis of final effluent of one day within each  week during
               the preceding month.
     (b)  Mine discharges shall be limited.

               Acid. There shall be no discharge of  mine drainage which is acid.
               Iron. There shall be no discharge of  mine drainage containing a
               concentration of iron  in excess of seven milligrams per liter.
          (i i i) p_H.  The pH of discharges of mine drainage shall be maintained
               between 6.0 and 9.0.

(3)   In those cases in which the proposed discharge  would be to an already pollu-
     ted or unclean stream, or to an  insignificant clean stream not devoted to
     public use and which in turn flows into a polluted stream, the agency may
     grant a permit subject to appropriate conditions and limitations.

(*()   In those cases in which the proposed drainage would be into  a clean  stream
     and there is no evidence  that the drainage will  be acid,  the agency  may,
     unless there is presumptive evidence of potential  pollution  of the waters
     of this State, grant a permit subject to the appropriate conditions.   In
     those cases in which the  proposed discharge would be to  a polluted or un-
     clean stream whjch in turn flows  into a clean stream,  the agency may issue
     a  permit for mine drainage.

(5)   Surface water which might otherwise drain into  the stripping pit shall  be
     effectively intercepted on the  uphill side of the high wall  by suitable
     and adequate diversion ditches and conveyed by  adequate  channels or  other
     suitable means for discharge to  natural water courses  outside the entire
     stripping operation.


               XVI I ( F) Control Over  Confined Animal  Feeding
(1)   A  person constructing or  commencing to operate  a confined feeding or        OR(b)
     holding operation or waste control facility, or substantially modifying
     or expanding an existing  confined feeding and holding  operation or waste-
     control facility shall first submit detailed plans and specifications for
     said facility and operation and  other necessary information  to the agency
     and obtain approval of the proposed facility and operation from the  agency
     in writ ing.

(2)   All waste control facilities and confined feeding and  holding operations
     shall be designed, constructed,  maintained, and operated in  accordance with
     the follow!ng:

     (a)  All confinement areas, manure handling and accumulation areas and
          disposal areas and facilities shall be located, constructed, and
                                      t-30

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          operated  such  that  manure  contaminated  drainage  waters or  other
          wastes  do not  enter the  waters  of  the State  at any  time.
     (b)   Unless  it can  be  demonstrated  that  contaminated  drainage can  be
          effectively  controlled by  other means,  or  unless a  specific written
          variance  is  obtained,  the  design,  construction,  operation  and main-
          tenance of confined feeding  and holding operations  and waste  control
          facilities shall  be in conformance  with the  State's guidelines.

(3)   The  agency may by specific written  variance  waive certain requirements  of
     these regulations when size of  operation,  location and topography, opera-
     tional  procedure, or other  special  conditions indicate that the purpose
     of these regulations can be achieved without strict adherence to all  of
     the  requirements.

      •   The agency may, in  accordance with a specific compliance  schedule,  grant
          reasonable time for existing confined feeding or holding operations to
          comply  with  these regulations.
(k)   Roof drainage  and uncontaminated  surface drainage should be diverted  such
     that it is not allowed to flow  through  confinement areas or enter  waste
     water holding  lagoons, sumps  or tanks.
     (a)   Where  large  winter  use co  Finement  areas are exposed to  heavy rainfall,
          and wastewater storage and disposal  capacities are  limited, such areas
          should  be covered to minimize  waste water  volume.
     (b)   Waste collection  systems utilizing water for flushing manure  from  floors
          should  minimize water  use, and washwater reuse practices should  be
          employed  wherever possible.
     (c)   Animal  drinking water  and  atmospheric control sprays should be managed
          such that drainage  through contaminated areas is minimized.

                      XVII(G)  Preservation of Wetlands

(1)  Any person proposing to conduct any activity (e.g. the depositing  of  resi-
     dual wastes)  regulated under this Act upon any inventoried tidal wetland
     shall file an application for a permit  with  the agency.   The  applicant
     shall have the burden  of demonstrating  that  the proposed activity  will  be
     in complete  accord with provisions of this Act.  Such application  shall
     include a detailed description of the proposed  work and a map showing
     the area of  tidal wetland directly affected, with the location  of  the pro-
     posed use thereon, together with the names of the owners of  record of
     adjacent lands.

(2)  No sooner than thirty  days and not later than sixty days after  the receipt
     of such application, the agency shall hold a public hearing on  such appli-
     cation at a  suitable location  in the county  where the affected  wetland  is
     situated. At  such hearing any person or persons may  appear and be heard.

(3)   In granting, denying or  limiting  any permit  under this act, the agency
     shall  consider the  compatibility  of the  proposed  activity with  reference
     to the  public  health and welfare, marine fisheries, shell  fisheries,
     wildlife,  flood and hurricane and storm  dangers,  and  the land-use  regula-
     t ions.
                                       4-31

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(4)   The agency may impose such conditions  or limitations  as  may  be  necessary
     to protect the wetlands  of this  State.   The  agency  may  require  a  bond,
     and require conditions to be met in  order to secure to  the  state  compli-
     ance with the permit.  The agency may  suspend or  revoke  a permit  if  it
     finds that the permittee has not complied with any  of the conditions  or
     limitations set forth in the permit  or has exceeded the  scope of  the
     permit.   The agency may  suspend  the  permit if the permittee  fails to
     comply with the terms and conditions of the  permit.


                    XVI I(H)  Use of Waste  Disposal  Wells

(1)   Permits  for construction,  modification, maintenance or  use of waste          OR(b)
     disposal  wells may  be issued only in those designated geographical areas
     for which a city, county or district,  legally authorized to  provide sew-
     age services for  the area, complies  with the following  conditions:

     (a)   Maintains on file with the  sanitary authority  a  currently  approved
          sewage program including a  plan and time schedule  for providing
          collection,  treatment and disposal  of wastes.
     (b)   The  time schedule must be designed to provide  an approved  sewage
          system within  the shortest  time possible and unless it  can be demon-
          strated to be  non-feasible  shall  at least comply with  the  minimum
          agency standards.

(2)   Permits  shall  not be issued for  construction,  maintenance or use  of waste
     disposal  wells where any other treatment or  disposal  method  which affords
     better protection of public health or  water  resources is reasonably avail-
     able or  possible.

(3)   Permits  for construction or use  of waste disposal wells  issued  by an
     approved  permit issuing  agency shall  include,  in addition to other reason-
     able provisions,  minimum conditions  relating to their location, construction,
     or use and a time  limit  for authorized use of said  waste disposal wells, not
     to exceed a period  of five years. Construction and orientation of build-
     ing sewers shall  be compatible with  the approved area sewage plan.

(A)   A waste  disposal well upon discontinuance of use or abandonment shall  im-
     mediately be rendered completely inoperable  by plugging  and  sealing the
     hole to  prevent the well  from being  a  channel  allowing  the vertical move-
     ment of water and a possible source  of contamination  of  the  ground water
     supply.
     (a)   All  portions of the well  which  are surrounded  by "solid wall" forma-
          tion shall be  plugged and filled  with cement grout  or concrete.
     (b)   The  top portion of  the well must  be effectively  sealed  with  cement
          grout or concrete to a depth of at least 18 feet below  the surface
          of  the ground.


         XVI I ( l) Requirements for the Disposition of Dredge  Spoi|j<;

(1)   Dredging is the removal  of earth from  the bottom of a stream,  river,       WA(c)
     lake, bay or other  water body for the  purposes of  deepening  a  naviga-
     tional channel or to obtain use  of the bottom materials for  landfill.
     A significant portion of all dredged materials are  deposited either  in
     the water or  immediately adjacent to it, often resulting in  problems
     of water qua 1i ty.
                                        4-32

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     (a)   Local  governments should control  dredging to minimize damage
          to existing ecological  values and natural resources of both
          the area  to be dredged  and  the area for deposit of dredged
          mater ials.
     (b)   Local  master programs must  include long-range plans for the de-
          posit  and  use of spoil? on  land.   Spoil deposit sites in water
          areas  should also be identified by local  government in coopera-
          tion with  the state departments of natural  resources, game  and
          fisheries.   Depositing  of dredge material in water areas should
          be allowed  only  for habitat improvement,  to correct problems of
          material distribution affecting adversely fish and shellfish
          resources,  or where the alternatives  of depositing material on
          land is  more detrimental  to shoreline resources than depositing
          it in  water areas.
     (c)   Dredging of bottom materials for the  single purpose of obtaining
          fill material  should be discouraged.

     "Most states  use permit  requirements to proscribe deleterious effects
      upon water quality because  of the deposition  of dredge spoil.


                    XVI I (j ) Rejuj_at Ion of Waste Piles

(1)   A detailed  design plan and plan  of operation shall  be submitted  that      PA(b)
     provides for  the prevention  of water pollution.

     (a)   The plan shali  set  forth information  pertinent to insure compliance
          with agency regulations applicable to water quality criteria and
          water  pollution  control.
     (b)   Runoff from the  top of  disposal piles snail not be. allowed  to dis-
          charge freely onto  the  surrounding area.   Diversion facilities shall
          be constructed to control the flow of this  runoff.  The top of the
          pile shall  be graded with shallow slopes  falling away from  the edge
          to concentrate the  runoff in these diversion facilities.  Water runoff
          from the adjacent area  shall  be directed  away from the refuse piles.
     (c)   Construction of  any necessary wastewater  treatment facilities shall
          be done  pursuant to a water quality management permit from  the agency.
     (d)   Provision  shall  be  made to  minimize that  portion of the disposal  pile
          that will  remain exposed to precipitation at any time, and  adequate
          cover  maleridl,  both of type and quantity,  shall  be available.
     (e)   The following requirements  must be met to insure the stability of the
          disposal a>~ea.
          (i)  A minimurr clear spare  of 50 feet shall be provided from the outer
              perimeter of any disposal  pile unless  otherwise approved by the
              agency.
          (ii) Slopes of the  disposal piles shall not exceed 15 percent or 9
              deqrees.  The  maximum  slope, with agency approval, shall not
              exceed thirty-three (33)  percent or  18 degrees,
          (i i i) The height  of  disposal  piles snail he  limited and other measures
              shall  be taken as  necessary to insure  the stability of the slopes.

     (f)   Assurance sha'l  be  provided to prevent erosion of the disposal  area.
          Such assurance shall  include planting  of side slopes and the final
          top layer with quick growing vegetation and with trees and  shrubs.

          «   Any construction or  other activity which disturbs the  surface
              of  the land shall  comply  with the agency's erosion and sediment
              control  rules.

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                               (Alternative)
(1)  All animal manure shall be stored in such a manner as to prevent the      MN'f)
     creation of a potential pollution hazard to waters of the State.

     (a)  All storage areas shall be designed so as to restrict seepage,
          percolation or other movement of animal manure to around, waters.
     (b)  All storage areas shall be surrounded by a di'f-'e, wall or curb
          of suah dimensions or construction zhat will prevent the entrance
          of sunoff from outside areas.
     (c)  All storage areas shall "be sloped so that drainina liquids can be
          collected arid disc-harged from the area at one or more cont"ollcd
          discluxrge points.
     (d)  All storage areas shall be located so as not TO pose a potential
          pollution hazard to local wells or sources of potable Mater arid
          shall be located at least 100 feet from such wells or water sources.


                 XVII(K) Li_tter Control Considerations - Model (b)

An anti-litter provision may be as uncomplicated as the section shown below,
that Is excerpted from the Suggested Sol id Waste Management Ordinance for Local
Government (March, 197^, EPA, SW-73d) , or as truly comprehensive as the model
proposed by the National Institute of Municipal Law Officers  (NiMLO), which  is
referenced in Chapter 3-  The choice must be made on the basis of the serious-
ness of the litter problem In each community, and the level of enforcement re-
sources that a community is willing to commit to solving that problem.

The simplest possible provision reads as follows:
     Li ttering: It shall be unlawful to place; or allow to be placed,
     any sol'd waste upon the roads, streets, pub He or private pro-
     perty within this municipality contrary to the provisions of this
     ordinance.
     Commant_;_  Proper solid waste management requires regulated disposal.
     This section and section 25.08, prohibiting dumps, are intended to
     eliminate litter and promiscuous dumping.


            XVII(L)  Summary of  Criteria for  Land  Application of
                    Sludge  to Farm Land
(1-9  ARE THE  RECOMMENDATIONS  TAKEN FROM THE  ILLINOIS  ADVISORY  COMMITTEE ON
 SLUDGE AND WASTEWATER UTILIZATION ON  AGRICULTURAL  LAND,  FEBRUARY,  1975)
(1)   It is  the  intent  of this Act  that  the digested  sludge shall  be processed
     to a  point where  stability is reached.   This stability is the  ability of
     the digested  sludge to resist further change and is  ?ccomplished by  the
     substantial  reduction  of the volatile content.
(2)   The cumulative  sludge  applied shall  not exceed  100 dry tons  or 100  pounds
     of cadmium per  acre, whichever cumulative loading is  achieved  first. The
     annual  application  sha'l not  exceed the nitrogen agronomic rate.
(3)   Sludge may be surface  applied to land not in excess  of five  percent  slope
     or land  which does  not have  over  five tons/acre/year soil loss.

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(4)  Sludge may be injected or incorporated on lands  having  slopes  Lp  to  eight
     percent, irrespective of soil  loss.   If the slope exceeds  eight percent,
     either application method may  be usea so long  as the  annual  soil  loss  does
     not exceed five tons per acre.
(5)  Sludge shall be applied so as  not to exceed nitrogen  application  rates as
     established by the agency.
(6)  it is not recommended that sludge be applied in  grass waterways.   Applica-
     tion tc flood plains having a  ten year or less frequency will  occur  only
     after approval by the agency.
(7)  For soils having the following  infiltration rates/hour, the  listed minimum
     soil depth to the mean annual  water  table shall  be adhered to:

     (a)  2-20 inches/hour - ten  feet
     (b)  2 - .2 inches/hour -• five  feet.
     (c)  less than ,2 inches/hour    three feet
(8)  Sludge shall not be applied within 150 feet of any water well.
(9)  Hard and fast rules for the control  of odor cannot be formulated  for all
     situations because of the multi-varied complexity of  the problem.


                              SECT I ON XV i  I ;
                                 REPEALER*
Repeals:  These rules and regulations replace and supersede,  rules and  regu-      'L(b)
lations for Refuse Disposal Sites and Facilities, adopted  by the  Illinois De-
partment of Public Health on March  22, 1966 and continuing in effect pursuant
to section 49(c) of the Environmental Protection Act  ''until  repealed,  amended
or superseded by regulations under  tl,ib act," except  that  any proceeding  arising
from any occurrence happening prior  to the applicable provision of  these  rules
and regulations shall  be governed by the  above described Rules.

     * Complete cite of the Illinois Statute


                               SECTION  XIX
                              SEVERAL ILITY

Severabi11ty:  if any  provision of  this Act, or ELS application to  any  person   WA(a)
or circumstance is held invalid, the remainder of the Act, or the application
of the provisions to other persons or circumstances is not affected.


                               SECTION  XX
                              SAVING CLAUSE
Saving Clause:   Nothing in this Act  shall  be deemed to affect,  modify,  amend     pA(a)
or repeal any provision of any act administered by  any other department,  board,
commission or agency of this State.


                               SECTION  XXI
                             EFFECTIVE  DATE

Effective Date:   This  Act is an emergency health act  and shall  lake effect  im-   PA(a)
mediately.

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                      REFERENCES -  CHAFTER  IV

The  following  list of  the models  and the  laws  and  regulations  of
selected  states,  includes all the  legislation  studied and  comprises
the  citations  to  identify the supplementary  legislation  presented  in
Chapter  ! V .
MODELS
     (a)  The. Model  -  State  Solid Waste Management and Resource Recovery  in-
          centives  Act,  developed by The Council of State Governments,
          Lexington,  Kentucky  (1973).
     (b)  Suggested Solid  Waste Management Ordinance for Local  Governments,
          U.  S.  Environmental  Protect ton Agency, March
      Alabama  (AL.)

      (a)   Code  on Alabama Title 22 §§3^6-351
           Alabama Solid Waste Dispos.il Act 1969 (Amended  1971).
      (b)   Alabama Solid Waste Management Regulations  (1972)
           §§  I  - XVI.
      (c)   Alabama Standards for Disposal of Solid Wastes  (1969)  (No §§
           numbers) .

      California (CA)
      (a)   California Government Code Title 7.3 §§ 66700-66793  Nejedly-
           Ziberg-DMls Solid Waste Management and Resource Recovery Act
           of  1972,
      (b)   California Health and Safety Code §§ 25100-2518$ Hazardous
           Waste Control (1973).
      (c)   California Administrative Code (CAC) Title  lA,  Piv.  7, Ch . 2
           5 3 §§ 1/1CO-17751 Planning Guidelines  for  the  Preparation of
           Solid Waste Management Plans, and Minimum Standards  for Solid
           Waste Handling and Disposal.
      (d)   CAC Title 22 Art, 5, Ch . 2 §§ 6000 1-601 80 Hazardous  Waste Re-
           gu rat ions  (1971*).
      (e)   CAC Title 23 C-. 3, Subchatper 15 §§ 25QO-?552  Waste Discharge
           Requirements for Waste Disposal to Land (1972).

      (f)   State Water Resources Control Board, Waste  Discharge Requirements
           for Waste  Disposal to Land, October 137^, Disposal  Site Design
           and Operat i on I n format ion .
      (g)   California Department of Health, LaW_, Jfeju _1 a t j _ons^ _an_d G u i de i i nes
           f o r t he Hand 1 ing of Haza rdous Wa s te , February,  1975.

      (h)   CaliFornia Water Code Ch. 5, Art. 6 §!33o1.
                                4-36

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3.    Colorado
     (a)   Colorado Revised Statutes Ch.  36, Art. 23 §§ 36-23-1-36-25-19
          Solid Waste Disposal Sites and Facilities (1971)-
     (b)   Solid Waste Disposal Sites and Facilities - Regulations §§  1-8
          Colorado State Board of Health (1972).
     (c)   Colorado revised statutes Ch.  2k, Art. 65 §§24-65-101 to 24-65-
          105, Colorado Land Use Act (1973).

4.    Connecticut
     (a)   Connecticut General Statutes  (CGS) Ch. 36la §§  19~524a-19-5240
          Solid Waste Management (1970).
     (b)   CGS Ch. 36lb §§ 19-524p - 19524nn Connecticut Solid Waste Manage-
          ment Services Act  (1973)-
     (c)   Connecticut State Agencies Regulations §§ 19-524-1 -  19-524-12
          Solid Waste Management Regulations (1975)-


 5.    Illinois   (IL)

      (a)   Illinois Revised  Statutes Ch.  Illi §§ 1001-1051 esp.  §§
           1020-1022  Environmental  Protection Act  (Title  5 land  pollu-
           tion  and refuse  disposal)  (1970).

      (b)   Illinois Solid Waste  Rules  and Regulations  Ch.  7,  Pt.  1-2
           §§  101-318,  Illinois  Pollution Control  Board  (1973).

 6.   Minnesota  (MM)

      (a)   Minnesota  Statutes  (M.S.) Ch.  116 §§  116.01-116.41  Pollution
           Control Agency  (19&9,  Amend.  1974).

      (b)   M.S.  Ch. 116F-01-116F.08  Recycling of Solid Wastes  (1973).

      (c)   M.S.  Ch. 1683 §§  1683.01-1683.13 Abandoned  Motor Vehicles
           (1971).
      (d)   M.S.  Ch. 400 §§  400.01-400.17 Solid Waste Management  (1971,
           Amend.  1974).

      (e)   M.S.  Ch. 473D §§  4?3D.01-473D.07 Metropolitan  Solid Waste
           Di sposal.

      (f)   Minnesota  Administrative  Rules and Regulations  §§  SW1-83
           Minnesota  Pollution Control Agency -  Division  of Solid  Waste.

 7-   New Jersey  (NJ)

      (a)   New Jersey Statutes Annotated  (N.U.S.A.)  Ch. 39 Laws  of 1970
           §§  13:1E-1 - 13:1E-15  Solid Waste Management Act.

      (b)   N.U.S.A. Ch. 40  Laws of  1970  §§  48:13A-1  -  48:13A-13  Solid
          Waste  Utility Control  Act.

      (c)   N.U.S.A. Ch. 363  Laws  of  1973  §§ 1-9  New  Uersey Waste Control
          Act.

      (d)   N.U.S.A. Title 39  Ch.  11  §§ 39:11-1 -  39:11-11  New Uersey
           Motor  Vehicle Uunk  Law.

      (e)   New Jersey Administrative Code §§ 7:26-1.1  - 7:26-4.9 Rules
          of the  Bureau of  Solid Waste  Management.


                                 4-37

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 8.    New York (NY)

      (a)  New York  Codes  Title 27 §§  27-0101-17-0511  Collection,  Treat-
           ment and  Disposal  of Refuse and  Other Solid Waste (1971).

      (b)  New York  State  Compilation  of Rules  and  Regulations  Title  16
           Pts. 360,  362,  363 and  Pt.  628 §§ 360.1-360.3,  362.1-362.10,
           363.1-363.12, 628.1-628.6.

3.     Oklahoma (OK)

      (a)  Oklahoma  Statutes  Title 63  §§ 2251-1165  Oklahoma Solid  Waste
           Management Act  of  1970.

      (b)  Rules and  Regulations Adopted by the State  Board of  Health
           §§ 1.0-7.5 Rules and. Regulations for the Collection  and Disposal
           of Solid  Wastes and Setting Standards for Sanitary Landfills
           (1971,  Amend.  1973).


 10.   Oregon  (OR)

      (a)   Oregon Revised Statutes Ch .  459 §§  459- 005-459- 995  Solid
            Waste  Control  (1971) .
      (b)   Oregon Administrative  Rules  Ch .  340 Division  1  Subdivisions
            1,  2,  4 §§  11-005-11-135,  12-005-12-075, 14-005-14-050
            Division  5  Subdivision  1 §§  51-005-51-080
            Division  6  Subdivisions 1,2  §§  61-005-61-085,  62-005-62-045
            Division  7  Subdivisions 1.  2,3,  4 §§ 71-005-74-020
            Division
                    7 Subdivisions  1.  2,3,  4    71-00
                    8 Subdivision  2  S§ 82-005-82-055-
11.    Pennsylvania (PA)

      (a)   Pennsylvania  Statutes  §§  6001-6017 Solid  Waste Management Act
           (1968,  Amend.  1970 and 1972).

      (b)   Rules and Regulation Department of Environmental/Resources
           Title 25, Pt.  1,  Subpart  C.  Art.  1, Ch.  75 §§ 75-1-75-236 (1971);
           Ch.  76 §9 76.1-76.52 (1974);  Ch.  99 §§99-1-99-40;  Ch.  100 §§ 100.1
           100.104 (1973);  Ch.  125 §§ 125.1-125.104  (1973)-

12.    Washington (WA)

      (a)   Revised Code  of  Washington Ch.  70.95 §§  70.95.010-70.95.910
           Solid Waste Management (1969).
                              4-38

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                             CHAPTER V
           COMPARISON  OF RESIDUAL WASTE  MANAGEMENT
              LAWS AND RATIONALE  FOR  INCLUSION
                    IN  THE  MODEL  LEGISLATION

5. 1    Criteria  for Selection of  Provisions
5.1.1  "Effectiveness" of Residual  Waste Management  Laws
       The initial  intent of  this research project was to select those laws
and regulations  from a 12 State  sample,  that  have proven  to be effective in
areawide management of residual wastes,  and combine  them  into a model stat-
ute for use by Section 208 Planners.   This  implies that a given provision
of one State's law is  more effective  than  similar provisions being used by
other States.   Selection on that  basis did not  prove to be practical for a
number of reasons,  the most significant  of which  is  that  the effectiveness
of a given law or regulation  is  dependent  upon  more than just the clarity  and
comprehensiveness of the official text.
       In the course of interviewing  waste management officials  in the twelve
state sample,  it was determined  that  the effectiveness of a waste management
system is dependent upon the  application of available resources and  the
active support given by the executive branch  of state government.  Additional
strength is created through the  enactments of the  legislature which  express
a strong state policy  to protect  water resources  from all forms of waste dep-
osited on or in land.   A strongly worded statute will provide  little impetus
to the waste management system if the executive branch does not  request, and
if the legislature does not appropriate, the  requisite funds  to  support  re-
search, facilities, technical assistance and  enforcement.  All are necessary
elements of an operative and effective regional or  local  waste management
program.
       At  least one of the waste management  officials  interviewed  indi-
cated  that he didn't  need any more  laws, but did the personnel to
enforce the laws that  he already had.  Another official  indicated  that  the
overall effectiveness  of waste management was  improved with a  modest increase
in staff,  accompanied  by a massive infusion  of new interest exhibited  by
higher level officials of the State.
                                  5-1

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        There  seems  little doubt that other factors,  such as the strength of
 personality of  the  senior waste management person, an ability to win "turf
 battles" with county or other State agencies, and the political strength of
 the  public and  private  interests which may be resisting further regulation.
 all  have an effect  on the real utility of the existing laws of the sample
 States.

 5.1.2   General  Rules for Selection of Materials for  Inclusion  in Model Law
        Upon completion of the "check list" of problems for which legislation
 would probably  be required, a review was made of the residual waste management
 laws and regulations of all the States in the sample.  These were sorted
 down by subject area and those that appeared  (on the surface) to provide the
 most adequate coverage were selected for discussion with State officials.   In
 many instances, the essence of the enactments were the same, although the
 language used by each State was different.   In this situation, the selection
 was made on the basis of brevity or conciseness of the competing provisions.
 Where the subject area was slightly different, the separate enactment of
 two or more States are included in the model as alternatives.   In some subject
 areas, only a few of the States have legislation in force  (hazardous waste
 management) and the selection was made on the basis of State officials comments
 regarding its effectiveness and the comprehensiveness of the text.  A number
 of special  problem areas are treated in the model, and the factors con-
 sidered in  selecting one State's  provision over  that  of another State are
 presented  in  the following sections.
 5.1.3   A Matrix Comparison of Specific Provisions of State Laws
        The salient  characteristics of the laws of the 12 sample  States
 are shown on Exhibit 2 on the following paqes.  The ratings used refer
only to the adequacy of the text  of the laws and regulations, and not
 to the actual  effectiveness of these provisions  in the respective States.
 As was suggested in the opening paragraph of this chapter,  there is much more
 to effectiveness than the text of the law.  A simple  provision such as "Permits
 will be obtained for disposal of all wastes  that may have an adverse
effect on water quality," if backed by an adequate staff to thoroughly
 investigate all  permit applications and prosecute all who dispose of
wastes without a permit, might be an effective law.
                                      5-2

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                                   EXH i n ! T
  'STATE
           PFflN
           SOLID
           CLUt/E
                i 'i \ OH OF
                 WASTE !N-
                5 ?LODGE
STATES' DEFINITIONS OF SOU D WASTE
ALABAMA
f.AL I FORM i;'
                 MC
COLOKADO
COMHCCTICU'i
IH.iNCMS
                 YtS
                 NO
                  YES
                          Solid Wastes,  All putrescible  and  non-putrescib\e discarded mater-
                          ials (except household  sewage and  livestock and poultry wastes)  in-
                          ciudir.g hut not  limited  tc  garbage,  rubbish, ashes, street and hiarr-
                          wjv cleanings, dead animals  including offal, abandoned automobile*",
                          and such industrial wastes  as are not controlled by other agencies.

                          "Solid waste" means all  pu'rescible  and nun-putrescible solid, semi-
                          solid, and liquid Wostes,  including  garbage, trash, refuse, pcoer ,
                        ' rubbish, ashes,  industrial  wastes,  demolition and construction wastes
                          ao.indoned vehicles and  parts  thereof, discarded home and  industrial
                          appliances, Ponu^e, vegetable or  animal solid and sem'solid wastes,
                          and othei ('isca'ded solid and semi sol id wates.
                          "Solid wastes" "nearis garbage, refuse, sludge of sewage disposal
                          plants, and ctner discarded solid materials, including solid wait-i
                          materials resulting from industrial,  conmercia! and fro™  conrnur i ty
                          activities, but  s!n!l  nof  include agricultural wastes.
                          ''Solid ','OSU'.'1 rnc.ans  useless,  unwanted or d i scar3e3~~sbi TrTma Ce Via 1i-,
                          not exciuolng sertis.o!id  and  liquid materials other than sewage col-
                          lected and treated  ir,  a  municipal  sewerage system, but shall not  in-
                          "I'.de scrzp materials  held  for  reuse or resale by a scrap  mate'ial
                          dealer.
                          Solid wastf  -  refuse. (Refuse  is defined  <>s  "garbage or other
                          iis'-arded ikVu0"-; a!,)
NEW J!
                  YES
OKLAHOMA
                  yrs
                          "Syiicl wa'-t-T' is garhdqe,  refuse  and  other  discarded solid materials
                          (••tcepl ar^i'iai wa'jie 'ised  as  fertili/er,  including so'ic waste nsferiai
                          resultlfig fron  industr;al, commercial  and agricultural operations, £.
                          fro'^ ccvin,unity  activities.   Solid  waste  does jiot include earthen  til'
                          bou'dsrs, rork  and other  materials normally  handled in -_&nst'',jction
                          or'*?r at i cnri, soiic! or  jis^olved  materials in  domestic ^ev^age.
                          "Ss'irfl waste" .ivans cjrroage,  refuse, 
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                     POWERS AND DUTIES, STATE AGENCY
  Al
Accomplishment of SW management shall be under direction of Health
Department.  There is nothing to limit authority of municipal, county
or district governments or health depa>-tmen ts,  Calif,  Health Depart-
ment controls the regulation of Hazardous y/aste).
  CA
  CO
  tt
  IL
I  MN


5
>*—


  NJ
  HY
  OK
  OR
  PA
Within the Resources Agency there is the State Solid Waste Management
Scare1 who shall formulate and adopt state policy for solid waste
management (The Board shall consider the recommendations of the State
Air Resources Board dnd the State Water Resources Cor-tiol Board
The Colorado Land Use Commission i'j established to carry out act's
purpose.  The Commission is authorized co develop resolutions regard-
ing land jse planning to serve as guidelines for county planning
commlssiois and to direct the fincl l«nd use planning program.
The Connecticut Resources Recovery authority is established to
direct the design, construction, financing, planning, management,
ownership, operation and maintenance of solid waste disposal.
An Environmental Protection Agency is established to diiect the
Solid Waste management program, through technical assistance.
planning, and establishment of criteria.
The Pollution Control Agency is established with overall authority
to direct solid waste management including approving plans and
specifications for disposal systems.
The Department of Environmental Protection is charged with  the duty
to develop and formulate a state-wide SW iranagement plan  and
guide line-; to implement the plan.
The Department of Environmental Conservation is established to enforce
SW managenert.  Its duties include approving th? area ana scope of
any conprehensive study prior  to its execution.
The Board of Health is directed to develop -•* state-wide soKd
wastes management plan in  cooperation with municipal and county
governments.
The Department of Environmental Quality shall provide admit «.tration.
enforcement and  implementation of Solid Waste Manacjepant plans
and practices,
The Department of Environmental Resources shall have  the  responsi-
bility to establish and maintain a cooperative  state  and  local
program of planning and technical and financial csststance  ':or com-
prehensive solid waste management.
         The  Department  of  Ecology  shall  be  charged  with the management
         a  comprenfnsive state-wide program  for solid  wa^te management.
                                                                        of

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  JUDICIAL ft ADMINISTRATIVE  PROCf.EDINGS
Probably covered in tne State's  Adminisu
tive Procedures Act
                                                                        SITT  CLOSURE.


                                                      Dump clo-iirc, -eouiregents.
 Public hearings; S',J Management bd.  act.,  as
 review and appeals ugercy.  Judicial  i'-'-
 view to r.ojrcS of general jurisdiction.
 Reasonable notict and public hearing.
                                                     When  pro.', i':ir5  r,;suU  in erv .ron^dilal  de-  i
                                                     gradation  ;>••  ,Jit>l-t health ha/ard.,  L'ie    |
                                                     owner  r-»..-. i  ..Oiii'V thr enter er't'it ^geccy. '
                                                     The e«'i.:-  sluM  r«n,"o- for ,)r-..Lifn'f a"d   I
                                                            ly  -;',si- fcr at leaf. 5 veers.      i
CourL.y c^'^n'-^ioii
d-iys ii  ,'d". C.DCC of
                                                                                o infjnm-0 ' judicial review petitlori -rust  b°
 timely, "arty adversely affected iray
 petition board.
 With revocation of a pe;i
                                                      ddVo tj—'or to intended ri<*te of  i1 is cor;-    '
                                                      Inspecl'-oi end
                                                      Site ope-~tor iiust ha,e on  f'1e  with
                                                      Slate DLportment of Htalth  a  il00,000
                                                      security bond guaraiicieing  that  the pe
                                                      mi tee '.as the resources to  properly
                                                      close the site.
                                                      Inspection and maintenance.
                                                      Monitoring of  site  shall  continue for 3
                                                      years after site  is  completed or rl"
 A hearing shall oe granted  upon  a  den is! or
 suspension of a permit within  % day:- after
 the request t! ?refor  is made.
                                                      Recurrent inspection  and
                                        5-:

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                                                                  CLASSES OF  DISPOSAL  SHES
         '    Suicificiliy a;Mress ::>  cer'vii^ types of
         |    i.e. PKtic".* cc-i..-..i..erc, i-fec'mus washes,    |      p
         ;    ca-tdin nduitr us,.  *«(>tic ••ir-^ [.uiapir'qs,  ti ae   i
             sjwuns, lo<]S and  oenci" ^ l"'-jn «a^tos, but no       j
             classification >,,v^te,",                            ;
                                                                                                    —t
                         cps Koa  ri  divides wa;tss into  3
             nroups depenoirr; on  tr.yicity or ocssible dani-
             i;rj to ysobl0 water..  r..,;>t.  of Health regu-
             later. na«a!."lous (.j^te.  & ;i;>f c'ev^lojific two
             groups  ".t , '!«:-.5^cn:  ind extremelv
             drus.
                                                                 li'ater Resources Board  divides land  [
                                                                 and £.)]  site?; into  3 c'asses deppn- i
                                                                  dinn on types ol wastes acceptable
                                                                  at each Class I,U,  '<, III,
    CO
                 'ifSSCia
                                                               i   Mo Classes
             No
r
r
    It
             Kai^rdoiiC wastes  and sii'd'jt? neeJ special
          j   di,sp:isa! oer'.rit tj".  ^; oth'T segrfiqation
             of wascps
i  No Classes
      _4	
          1   Special disp:7,(ii  r^Qj^at OPS apply to
    Mii       toxic or •li.'c-1.^1 j^.  w=sU-=i «r-ii animal
                                                                  No Classes
     NJ
             Special  ffispo:\ii ;-;"j'i.e''f'lO'is  apply to
             sewage sl'idge, $r>pti>,  ter,'<  anrt catch
             bdi;n wcstes, ni'iky rfari.es.  pcbticides,
                                                                  No Clasr.es
             wastes.
I    KV   i   NO Classes
                                                                  No Classes
             Special disposal  recuflatioro
     n,,   I   hazardous waster.,  higii!,y pytrts
     vlv   '   srwoge  r.o'ii''i  or  '-i^uidi. la^go  Inf.ky
          !   i te.Tis.
             Special disposd1  tequir^d for la«"qa
             dsad aiiinuls,  S'-v^ge  sludges, septic
     OR   |   td'iK pumpiujb,  hospital  v.astds ar.d
          j   other ha?ardo>i; waste.
                                                                  No Classes
                                                                i  No  Clesses
          f

          !   Special .Jis^csa"1  .vcji!l.:*ior.s for
          1   sewage sludges  ar U  curios, V^ar
             cus wastes  :ma  Dulky ite.r».
                                                                i  No  Classes
             No
                                                                  No Classes
                                                   5-6

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PLANNING
STATE-WIDE
AREA-WIDE,LOCAL
COMPLAINCE/
ENFORCEMENT
AGENCY
AREA-WIDE MUNICIPAL
AUTHORITY-MANAGEMENT
PERMITS
Comprehensive
Comprehensive
Adequate
Comprehensive
Comprehensive
Adequate
.Marginally
Adequate
Marginally
Adequate
Adequate
Adequate
Comprehensive
Comprehensive
Health
Department
Action
Solid Waste
Management
Board Action
Departmental
Action
Action by
Commissioner
of Public
Health
Agency
Action
Agency
Action
Departmental
Action
Departmental
Action
Departmental
Action
Commission
takes appro-
priate
action
Action by
Deputy for
Enforcement
Jurisdictional
Health Dept.
Action
Local autonomy- county
governing body or muni-
cipal governing body.
Area-wide cooperation
mandated
Area-wide cooperation
mandated - Inter govern-
mental cooperation
Area-wide cooperation
mandated
Limited Local Authority
Area-wide cooperation
mandated (Metropolitan
counties comprehensive
planning mandated)
Limited Local
Authority
Limited Local
Authority
Limited Local Authority
Locals encourated to
enter into agreement
with one another
Area-wide cooperation
mandated - Locals regu-
lations may not conflict
with one another
Area-wide cooperation
mandated - plans shall
be reviewed by appro-
priate planning agencies
with areawide jurisdiction
Limited local autonomy -
each county in coopera-
tion with cities shall
prepare a coordinated
plan
Adequate
Comprehensive
Adequate
Adequate
\
Comprehensive
Comprehensive
Marginally
Adequate
Marginally
Adequate
Adequate
Adequate
Comprehensive
Adequate
                                 5-7

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     T, "~
      i
Al.    !    Hu
'V |'C  c' •  ;>r  i-ieru i'  G^fli  ','ioldte any of the
;> •.,•!-. i."','. -••• t.ht<.<-  nit;, and  regulations.
V .-.1 i ..,,   '< i i  be  qui I ty of a  misdemeanor and
,:!,;i    r. ,i   i  '.. ne  "ts1-   .hi!'1 $5 nor more than
- ;r,'
                                          • :<>  willfully or negligently ooer-
                            i  a c     ' r,'" Kr'i'nc^s ing -:t.ition or disposal
                            J  i'**,  3r ;-.o'.i   Aiit'iout  a permit or not in  con-
                              fj>-.a,,.L .j.'h  tnu  pern: L i'- gjiity of a mis-
                            i  J :• f  j'!0>    i '_'.  d.iy  o;  ii.ch operation shall
                                          f. '1  to  ?-_••  ':•] !•>: i-h  vio'ation ccntinues.
                                                              for wii11ul  or
                                     ... -  s  ,:; 1  Dt "' ,ble  ro a penalty  not more
                                     i' -)()  ;A-.r-  aav i.r be collected  in d ( ivil
                                                           es fo>"  intentional
                                         ,J,  l.--v. thd;;  6100 nor more  than $500
                                         tii..  c.ric ':-jt  less than  $50  ncr care
                                           ~-r • ot'tribjtury violation.   Addi-
                                         ',';;  pi'iislnie;  ATI! al'so  criminal
                                    ;;:'-ic-.rc! :;f vi 3! ill OP, shall  he fine not
                                    ..,  ^ "e than  'JO day?.'  Vio-
                                    'f, ,  i"  b"iJ.-.iial".e  day.  r;iall be  considered
                               vT'iing  ."  mis act  shall abridge  rights of
                               .i1 . i .T,  •••-  t  'i "die"  TI  (;oui ty under common
                               i "i . I1."!'   i"'iin-"''  a« 
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 Such an  investigation  of  '•.-: ~i,:<
 study and  the comment?;  req.-t r-.l '•, n
 to the comprehensiveness  oi  -.a
 and regulations, by ..-ornrnr i •-,
 5-2    Bas i s  for Inc1 us i OP o*  -<
 5 • 2 • 1   Section  IV (A / ,  Mm ',<,-.-<> -
        The  suggested prov; - i-''-
 model  (COSG) , with supp lemr- -'—,:
 Alabama,  and a  complete  n'1 '. ~.
 principal cons iderat i.'tis  i..  •' ->•
 the State has shown <<>< a  i-'i < ' •
 Few i nd i vi dua I  mun : c ; f>a i i i  • -
 without taking  into ,  ie sy.'ei'i
 affected by  the  ateawaie  u i
        The  provision frorr '•)<•:-  >-•
 simply sets  out  the tyi'ica1  < •• .'
 agency.   Colorado's |.i ovi-.••/.
 in  that  state is ape r::-3chei' '  •: ••
 with  more than water- -uaiil;   '
 is  holistic  and  is  d!re':tt.J  t>
 method of aHmini stra; ion  u  - <-•
 tive.   The  Cal'lorno  :\>\^ ''• i~i--
 ach to waste mar:agen-s,r.;_ ul^
 in  specific  areas.   ' ~-  ;r--
policy  that mun ici p-'' : tT (^  "c
expertise.   The  Ca I i f'>; n t.. ' .-•:
for residual waste n.<-)naq<-,r-  '.»i L  Ot  this
)it  /', : ".fet onl>
 i ;',,n- -;   tat.ures
          '"he
        .c-rii  that
         cor cei ned
 Note:  Where a St^te  S-jii.f W,i .:.
         in  this document,  tl.e -v >
         sol id where  i i  ,-ipjjV • • r- ,  .'

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California provision  is used because it requires agency approval of local
plans and subsequent conformity to the approved plan.  The Minnesota
provision is  included because it is the only State in the sample
providing assistance to industry in source reduction through the promotion
of  less bulky packaging and the prohibition of packaging that is harmful
to  the environment.
5.2.3  Section V, Planning (Statewide, Areawide and Local)
       A number of States in the sample have a law requiring that waste
management plans be submitted to the State on a county or areawide basis.
The Pennsylvania law has been in existence the longest and was selected on that
basis.  The California law is also very comprehensive and portions of it are
included.  In Pennsylvania, State participation in residual waste management
resulted in an areawide approach from the outset.   The Pennsylvania provision
is  included here because it is typical of those State acts that demand that
all waste management plans  be submitted by local  governments to the State
agency for approval.   It also recognizes that one  municipality may not
possess adequate resources  or financing to submit  plans,  so a provision
is  made  for  municipalities  to submit  joint  plans.   Pennsylvania's  statute
requires  that,  upon approval of  a  management plan,  the plan  be  implemented.
To  back  up this  comprehensive program  of  planning  and  implementation,  the
agency  is vested with enforcement  authority.   California  and Washington
have implemented comprehensive planning, requiring local  planning to
take  notice  of  the general plan  and to be compatible with  that  plan.

5.2.4  Section VI, Responsibilities and Duties of  the Enforcement  Agency
       Every  state  in the  sample had good enforcement provisions.   The  COSG
Model  provision  is a  very  direct,  compact way  of establishing an agency's
ability  to enforce environmental legislation.  This  provision describes  the
agency procedures which commence with  preparation  of  rules and  culminate
with  institution of judicial  action.   The California,  Illinois  and Oregon
provisions are  combined with the COSG  provision to offer  a more comprehensive
enforcement  scheme.
                                  5-10

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       California  has  a unique and effective provision  i'or securing injunctlvc
relief,  I.e.  to  •"ecelve such "eiief it  is not neccs.s.jry to meet the traditional
requirements  of  irreparable injury or an  inadequate  remedy at law.  Cali-
fornia has  thus  demonstrated ,3 very strong  interest  "i>i  protection of
water resources,
       The  Alterative Section makes provision for  t'i«:  -^qency to  institute -2
proceeding  at law  and  in equity when the violation  creates a need for
Immediate action.   It  further enables the agency  to  acr in a s-jiiinar/
fashion,  (without  tht  need of d pri&r admi ni stt at * '?.  T )ceed ; ng! , vhen the
occas i on demands .
5.'i-5  SectJ_£n V I [ ,  Ope rat i on s and F[ nanc ing of A^eawide Plans
       The  best  method of financing pia.visng :s the  one that works bes*  Irs
eacp State,   The Mode] reflects Henn&y 1 vetniu !s approach  to appi-op'- i^t.*
fur.ds tx- pay  a f t xed percentage of each  I teal i 1 1>: s '  cctal  cost.   T^is pro-
vides an  incentive to  do the plaining but assursj that  the loca1 gov/ern-
menrs have  a  stake in  the venture.  The al rernat i'.--»f  lisle.d inc'-urie State
qrants,  the  levying  or taxes and the issuance of  *.ct,:^«   ^s  nietho'Ss of
f ii<"ncin«j.
5-2.6   ec   JL)L^                 fc v
       Along with  the  emphasi? tf)on tne cstabl ishfiieit  of  a comprehensive
piisn. the form of  inrra-iriur. iclpal authority  Is a i sc  acd/essed.   Again,
although Pennsylvania's  direction is toward compat ;b* H ty with  a 9&r.eic>!
plan, it recognizes  the  need i'cr and encourages  Io-;jl  governmenla 1  units
to develop waste management services u-ithin  its  boup.da'"ies.   The Oklahotw
legislation adds greater definition to local waste Ranageaient pj^nij.
5.2,7  Secl:^ i QJ"> _V j _ J i i ( B ) ___ Em i nen_t_Do!nq_m_1 _Zon_ in£_s no_ P r e e;ri£>J:J_p n
       How  to site, where  to site, and who has the ,iuthoi it>  to i'ire, are all
questions of  importance  when implementing a waste rnanagement  plan   The
States afiu1  local governments have varying procedures  for  excrr. issna their
author; Ty rsgarulng eniinant doinain and zoning,  Oregon  tinri Connecticut were
selected as representing a sound approach in ^^.fercisirig t.Kuse gov?.rrmr.s"iral
powers, and ;n meeting constitutional safeguard::-.
                                     5-1

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        I'he  States  In fhj. sample have taken quit-?,  diverse positions on the
questions of  preempt ;c" of locai zoning  la-ws,   Connecticut,  ^ho's law is
used  In  the Mode),  rf2S,LJIS-,t D^rmit preemption;  the  land acquired by eminent
rio.Tuin may only  be  js^d for a disposal act'vity  if  the-  xoninn,, at the
tirre of  condemnation,  ,vil! a' low such use.  Minnesota and i'linois, among
of bar ^totv's.,  permit ev^n .'ondemnfed lard  to be  a«;ed for wastf. disposal
activities, on a proper shewing of necessity,  irrespective of existing
zoning.  The  waste  management officials contacted in the course of this
;->sje' ch , are almost jr :-2 Co; '>cc.r icu'; provision on  zoriinc  does  not constitute
an .jnaorserneiit of the  "o-pr-'ernpt ion school, nor Is  that  position condemned.
it is o nwttef for  Rao!*. Gf ^..e iegislatur*'. Lo decide, on  the  hdsis of the
3trte'i own priori tic;.
,r5.2 3  Sjfj;t L2!l_l^l£)  ^ f ui ( 8 )  Criteria f o r_ Iocs i tjoii  And j.lj^ss j f jca^t j on
       The Colorado  prr/vision fv cetermiriing the  acceptabilit/ of a
proposed  Icind^iil  o i ce  is  used because it contains one  of  the most
detailed  cliecl-  lists  of  rectors  that must be considered  in  reviewing
an app "neat ion  for a  lanafiT' permit.
       Ths Caiifornlo provision for site classification is  unique among
tn-i Ciate? ssmplfjii,  atv-J  nay be the only one  in  the United  States that
matcim.-j three tJa^-JS of disposal site to tha groups  of v/astes thdt may
be rcnjl'jrted  to e?,c.h  class of cisposai sice.  The  history  and features
of th's scheme  are f!«.v^Joped further  in paragraph  5.2. 1^,  dealing with
i iaza i Jous was te d i spos 3 1 .
                                      5-12

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5.2.9  Sectjcjrt X and XI Permits and Standard ?zat ion
       Every State  in the sample utilizes a  permit system, and all of
them provide regulatory agencies with significant authority over a wide
range of waste management activities.  The COSG  Mode! provides information
needed by the State to establish and operate a permitting authority,  Permitting
aHows agency control over ^aste manageirent, by  setting conditions prior to
any use and provides a basis for initiating  prompt remedial action.  Tha COSG
Model defines the application, renewal and revocation criteria.  The
inclusion of clauses from other states' statutes shows the wider scope of
control which permit programs can provide.   Some states' permitting require-
ments were less affective because of substantial exemption provisions.
5.2.10 Sect ion XJ(B) Variances
       Al"( of the States in the sample have  made some provision to permit
continued use or operation of non-conforming disposal activities until
the affected communities can establish approved, sanitary landfills or other
disposal or conservation options.  Almost all of the States require a
showing of necessity or hardship and require a time certain, when the non-
conforming use will be discontinued.
       Waste management officials in several States reported that variances
are mis-interpreted by a number of communities to be "Grandfather" clauses
which would permit  indefinite operation of an existing, non-conforming
disposal facility.   The. term "Grandfather" clause is used in the model
with a set of examples that require a time certain for terminating the
variance, in order tc disabuse the holder of a variance that it may be
a continuing exemption from exii-ting law.
       The California provision, which is made the principal example in
the model, makes a special  exemption for experimental programs to be con--
ducted under competent sup>erv» s ion.   Several of  the States in the sample
have s'milar exemptions, without which new disposal procedures cannot
be developed.
5.2.11 _Sect_ujns XJ i and X! ! i  Enforcement, Pena It ies and inspections
       There Is a wide variety of penalty provisions and severe)  are
                                    5-13

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Included in the Model as options.  New Jersey has  identifier!  1 he party
who is to be punished.  Oregon provides that each  day <3 violation con-
tinues, a separate offense is committed.  Oregon goes on to state that
the remedies expressly provided  in the Act  in no way derogates  from other
remedies.  New Jersey is indicated as an alternative because  it allows
summary proceedings to be instituted by the agency  in the name of the
State.  Oregon establishes a scale to determine the degree of imposition
of civil  pena!ties.
       inspection provisions ?>re very similar, and  those of l.'sli fo>riia
and Washington are typical.   Judicial and Administrative hearings must
comply with constitutional  requirements and are very similar  in each State.
5.2.12 Section XIV Sita Closure
       Many stages deal  with the requirements that must be me*- before closing
a site.  Many states did not give sufficient recognition to the possible
harm that can result from improperly closed sites.   The Connecticut procedure
defines closing raquircments and the owner/operator responsibilities that
ara of a  continuing nature after site abandonment -
5 • 2. ^ 3 Sec t£on^X\i' Reuse and Conservation ly_ent_r/e
       Examples of incentive type legislation in the sample States  is
sparse.  California utilizes the traditional incentives, with the addition
of an innovative "percentage depletion Allowance'' and disposal taxes
Minnesota's approach is to levy a fee upon the amount of materials deposited
in permitted landfills.   The Model also Includes a provision  for the
reusable/deposit type containers; this Oregon concept \3 designed to reduce
volume at the source and to prevent the accumulacior of residua"; wcisle, and
it is reported to be effective in reducing  litte"  in that State.
5.2 , 14 Section XV! I (A) ^Hajaj-dousand^ Toxic Wasjte ...Con__tro_ljs
       Of the States that have legislated on disposal or hazardous w^sta,
Pennsylvania,, Illinois and California have provided the most  complete  laws.
A'though the manner of presentation of the confol strategy and review of
pennit application differs,  all three states demonstrate awareness cf  the
threat posed by hazardous and toxic wastes  to their water resource

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 Illinois law includes a definition of hazardous wastes, encompassing waste
chamicals, explosives, pathological material and radioactive substances.
Minimum standards expressed by each State explicitly call for protection of
surface and ground waters.  Special restrictions or conditions may be
 imposed upon disposal operations in each state to afford the degree of pro-
tection against water quality degradation that is considered necessary.
       The Illinois  law and regulations require the applicant to prove to
the Illinois Environmental Protection Agency (IEPA) that the proposed
operation will  not cause air or water pollution, or violate any air or
water quality standards.  Explicit directions are given to the applicant
concerning documentation necessary for approval.  Proof is based upon a
technical study of surface and ground water resources in the vicinity of
the site.  Maps and data to be submitted to the state must describe such
salient technical considerations as occurrence of ground and surface waters,
water diversion facilities in the vicinity, soil characteristics, conditions,
condition of the ground water and its flow, a listing of sources and types
of wastes, and the projected effect of the  landfill on surface and ground
water qua Ii ty.
       Part of the submittal  consists of a map, or maps, of the site design,
showing the location of water monitoring wells and gas monitoring wells.
A monitoring program must be designed by the applicant and submitted as
part of the advance technical  documents.  Any other devices or procedures
necessary to comply with standards must be discussed.
       Illinois conducts a two-step permitting procedure.  The above
technical information is reviewed by IEPA prior to issuance of a permit
to develop the site.  IEPA sets forth conditions in the development permit
which must be met before an operating permit may be requested.  If the
applicant cannot prove that the site and proposed design are satisfactory
for a particular waste, permit conditions will  not allow disposal of that
waste at the site.  Hazardous and liquid wastes and sludges may be accepted
only if the permit authorizes their placement in the fill.
       After it determines that the applicant has met all conditions,
IEPA may issue an operating permit.  Conditions laid down in the operating
permit include the nature of wastes that may be deposited in the site,
                                  5-15

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water quality monitoring and reporting, and adequate measures to monitor
and control leachate.  Exemptions may be granted in the form of an ex-
perimental permit allowing non-conforming operations to be conducted for
two years, provided that some research benefit is to be gained.
       The Illinois hazardous waste disposal control program is techni-
cally sophisticated.  Its case-by-case investigation of proposed opera-
tions before discharge begins is quite specific to proper control of
residual wastes.  Requirements for technical submittals to IEPA, their
review by the agency and lEPA's power to issue prohibitions and/or compre-
hensive conditions provided a substantial check list in examining candi-
date sections for the model law and regulations.
       In California, direct regulation of the impact of all  residual
wastes and particularly hazardous wastes, upon water quality has been exer-
cised for many years by the State Water Resources Control Board and the
Regional Water Quality Control Boards.  Each of the regional  boards followed
a system of disposal site and waste classification  formulated by the
State Department of Water Resources.  Control  is exercised through the
approval of waste discharges with  limits imposed on case-by-case basis,
for sanitary landfills, industrial dumps and other  land disposal areas.
The boards have customarily classified each site according to ground and
surface water occurrence, the geology of the site and the type of waste
material allowed at the site.   In  1972, the State Water Resources
Control Board formalized this procedure by adopting the present regulations
for waste disposal to land.
       Class I'disposal sites, as defined in the regulations, are those
which are expected to provide complete protection for all 11me, for the
quality of ground and surface waters  occurring  in that area.  These  sites
are deemed safe for all wastes to be deposited therein, and the site re-
presents no hazard to public health or wildlife resources.  Geological
and hydrological criteria for site classification are set forth in the law.
Group 1 wastes, defined as containing toxic substances and substances which
could significantly impair the quality of usable waters, may be deposited
only in Class I sites.  The regulation lists the wastes which are considered
to fall into the Group 1 category.
                                        5-16

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       California regulations also formally establish Class II sites, to
receive Group 2 waste category, and these are primarily ordinary municipal
solid wastes.  A Class III site and Group 3 waste category accommodates
disposal of  inert solid wastes.  These are not considered to have as signi-
ficant an impact on water quality as residual wastes deposited in the Class
I  and Class  II si tes.
       In establishing waste discharge requirements for land disposal, the
regional water quality control boards must conform to the State Board's
classification system.  Advance technical reports are required before
Regional Board action, much the same as  in Illinois and Pennsylvania, and
the technical basis for detailed waste discharge requirements and monitor-
ing to be imposed are very similar.  While the California Boards may not
specify site design, they do have authority to prohibit all portions of
an operation and to state the conditions which must be met, and this does
bear indirectly upon design.
       The general  problems of location and classification of waste disposal
sites, in Sections  IX(A)  & (B), and this section dealing with just hazardous
waste, tend to overlap at several places.  The comments with respect to
the Illinois, Pennsylvania and California regulations actually pertain to
all three sections  of the Model Law.
       The California provisions (§IX-B) on site classification were used
because they probably represent the trend of future developments in hazard-
ous waste management.  The Pennsylvania provisions are utilized in Section
XVII because of the wider range of hazardous materials covered and because
it is the simplest  and most concise of the three States providing in-
depth treatment of this subject.
       Waste management officials in each of the three States discussed
above indicate that while this regulatory area will remain dynamic for some
time to come, and much more experience is needed in controlling the impact
of these materials  on surface and ground water, the laws and regulations in
their States are serving  the purpose for which they were intended.
       The hazardoi1"    ^Le control program is made complete by adding pro-
visions for a "Spill Contingency Plan" taken from Minnesota; the main-
tenance of records by site operators and waste haulers, taken from
California; and a proposed regulation of the movement of hazardous
                                     5-17

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wastes over the road.  No provision was found in the sample States that
deals with this latter problem.  Section XVI I (C) was drafted to address
the condition described in Chapter III, Section 3.2.9, supra.
5.2.15  Section XVI I(D) Abandoned Motor Vehicles
       This section  is included because of the innovative procedure that
Minnesota has adopted.  By offering an incentive to a scrap reducer, in
the form of a subsidy amounting to the difference between the scrap reducer's
cost of reducing and the value-of the materials recovered, Minnesota is
able to reduce the load on landfills and assure the recovery of natural re-
sources that would otherwise be reburied in the earth.  While the applica-
tion described here  is limited to automobiles,  and does work well in Minnesota,
the concept could be applied to the recovery of other materials where the
market price is slightly below the cost of reclamation.
5.2.16 Section XVI I (E) Mine Drainage
       The Pennsylvania provision is utilized  here because that State has
had considerable experience in this area of water pollution control  and
because this provision reflects the heuristic,  case by case methodology
required to balance the legitimately competing State interests involv-
ed.
5.2.17 Section XVI'l(F)s(J) Feed Lot Drainage S Waste Piles
       Animal  wastes are not a "residual" until  they are collected and in
the process of some form of disposition.   The  State laws and regulations
dealing with this subject do not make that fine distinction, but almost
all of them do encompass the problem of drainage from waste piles in their
regulation.  The Oregon provision was selected as being typical of those
in use in the sample States.  The Pennsylvania and Minnesota rules in
Section XVI I (J) deal  specifically with the drainage from the residual,
e.g. after collection of the waste.  The "waste pile" may be manure,
mine tailings or other materials that are subject to leaching.
5.2.18 Section XVI I(H) Waste Disposal Wells
       A number of States in the sample have provisions similar to the
Oregon section used  in the Model.  The salient characteristics of
each are the permit requirement, which allows  a thorough investigation of
the possible deleterious effects on water quality, and the requirement
                                     5-18

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of a  showing  by  the permit applicant  that  NO OTHER TREATMENT OR DISPOSAL
METHOD, which affords better protection,  is REASONABLY AVAILABLE.
        It would  appear that a stringent  interpretation of "reasonably
available," would end this source of  potential  hazard to ground water,
but economic  considerations will probably  lead  permit authorities to find
hardships that warrant continued use  of  disposal wells.
       Well plugging requirements are quite uniform  in each of the States
that  discuss  disposal wells.
5.2.19 Section XV I I(I) Disposition of Dredge Spoil
       The law and  regulations of most of  the States having a provision
dealing with  dredged material are uniformly prescriptive, e.g. "thou
shall not place  dredge spoil in such  a manner that it may contaminate water
resources."   The Washington provision used in the model reflects a nor-
mative approach which recognizes that dredged material must go some place.
This  provision requires that all local master programs (general plans)
must  include  long-range uses for dredged material on the land.
5.2.20 Section XVI I(L) Application of Sludge to Farm Land
       The States in the sample have  not  legislated or regulated directly
on this subject.  The attitude of the waste management and health officials
who   were interviewed on the subject, indicates that most States consider
such  practices to be regulated under  existing permit laws.  As is noted
in Section XI(B), California would probably permit land spreading of
sludge, under terms of a variance, depending upon the chemical analysis
of the substance to be applied to the land.
        In Section XVI I(A) (3), the Oklahoma rule would permit "soil farming
techniques" to be used even for heavy metal laden sludge, if the agency
is satisfied  that site conditions can be controlled so as to avoid water
pol1ut ion.
       The Illinois  draft of a  proposed  law used in  the Model,  provides
a  set  of guidelines  for  controlled  use of sludge on  land.   It is  anti-
cipated  that  safe application  rates  may  vary  from region  to  region,
based upon factors discussed in paragraph 3.2.6, supra.
                                    5-19

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                             APPENDIX  A
             GLOSSARY  OF RESIDUAL  WASTE  TERMINOLOGY
       Throughout  our  research of the selected states' statutes and re-
gulations,  it  became apparent that the area of residual waste has a
vernacular  of  its  own.   This Appendix is a glossary of terms with their
definitions;  it  will prove  helpful in standardizing the terms to be
used when drafting legislation and in daily communications within the
residual  waste area.   The contents of Appendix A are those terms and
definitions currently  being used in existing legislation; they were
culled from the  acts and regulations of the twelve states involved in
this study.

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 ,,i  Mium-socrf.  Si a tut"0;,  Kiu.Ol,  that,,  < ••  ) l.its
 roam i;j.,'d fO7-  .;  portod  of  rrioiv  '!;;'.:)  4H iioui>  ••>!
 oi.'oli.'. propel i~>' j 1 1 ,?ga 1 1 v ,  'ill  has r^i"'. lined
 f .-r a i.etiod  of more  thin 13 no.T.j  <">n public
 r>top(->rt ;• snd  :s laokJtig  vital  eoT.porioo ;; ,>atts
 such  thdl  it  u  i1)  an  ir.opt-rsbl".' cor.dituon.
 (in'i has r=iT"tippd  for  t  ooi'iod  of  Tnor'J tha;,
 4>-  hours on j-1 vate proper!;,- without  the
 oonsea; of  lh>-  poison  in  control  ol such prop-
 erty, (>v)  ha^  iemr)ii:f>d  fT a  period  of rroro
 than  48 t,our<- en pr:.vjte  proper*} .  A1'.'"' or
 •,vi thii.it the rcn.ser. i. ot  the p  in  eor.t ~>". o
 snch  property  which  is  J n an  inoperable
 comli i, L j-i ,-jiK'ti  t, r:=u  '.t  ts?!i no  sjhscan ,."'  a I ,
 oote-iit: j. 1 iinTh<>'" use  oon^iatent *-it.;i its u?;ial
 i'lnctLfrr,  yijf. i it  is  I'.ODL"  in  aii  cT' !r.:,»;rt
 irar.igt' ir Sit ;rtsr^ !.-ui . d ;rig ,  ! •.' ;  ha^1 bf-?i,
 vo.1 ur - a": iy S'J.-T ^ndtred  bv its  u>'ner  u  & 'T. it
 o:'  gnvernmoi'i  01 \  pt"~:-;or, duly  "licensed
 purs.iara to Minnesota  StTtutPS   168P.IO ,->nd
 taeae reguia f i •->•; o .   4  ol->«sj.i  car or  p'onet-r
 c.ir.  rs c'-Tflri'd ir  V.iunotot s St.\t i*ic-s ,  16°,, 'C
 .ha1' not o?  coiSiUtii-eri  'if' abundi nert  Tr.tor
 "eh 3 ^ It; wif-hii1  t '' t I-T


        1 Ab^nd'^ned _Vt b;.Mes '   ^icl^dr:^  iGhicUn
 mth or without motor power,  incljdin.g  cars,
 tiucks  trailers, rm'fcj 1 1 lion.os ,  !>i,se,-i, etc.,
 lc!t  Jii bubl!>"  ''-" private property  tor  a:i
 extended poriori 01  ti"ie and  I'sially J .1  an
 iiiopcrabl0  01  hazardous  .oidition.
      __    ___
working surfsre  01' n hai;dfilJ upon  which
solid wastes r,re depot-ir,t--J  dirrmp:  thf isa
fil] oporat ion,  prv-T li^  tl.o plcirc^riif p ^  o1"
               shdll mean  a::j< contrc Ili^g er.ticy,
puDli'; o™ private, elected, appointed, or
volu'-teer util 17~ ng- m^thoHs approver, by the
Hei<3th Department  t-  pnrpo?i  of
";o,i trol 1 tnp, and  t.up.'-'-vj ,-.,ina ti^f- collection
,'nd/or dtsposn!  <, C so 'id -.vasct';'; .
      11 Agr 1 cu! ( ui ;i_i  Ko Lj^^l1" -ol :• cl_f/as t_^j_..   A;,ricul -
tura]  So" ,d V-'astPf  :n:;uuG  v.dstcjs  rf-rultirtf.-
from  the proc''n ^OR and  pr j< tsr : n>i oi 'arm
or .igri ju 11 jrv i  product'-,  inc.'uojnt nu.ribres,
pj'urii.p's and  r - op- ^'t ^o tiuo.s  \vherr'\tjj' produced .
           'L^nJ-Liy *  ViJiiLl-?js'  3bail mean  "tnimal
pan\,ip w^T-h  it-  stored,  transporirci  o:%
di~pcs<-:f -)f .is  an unw-u,(er' was*o  iraterial
and  \'hn.h puses  a pott nt :-.1 pojlutior. hazard
to the ^na,  air  or waters or the Statp,  This
nhdil  rr-t include ant'n^.]  rnarure usfj as
f'-Tl ilizcr.

           -'i,-,hoj!''  ri'he ^o J i J i erf ' due i rom
bi.rnir.g oj wood,  corJ , coke,  or other
comJ/oatibte maternal u=ed  cor boating, or
from incineration of solid wastes, but except-
.hg  soli.J CPU': H\if the istora^'J or  disposition
ot which is controlled by  ^ther ageiU'j.es.
j" is t!,
 ooke o'
                           -"PS .'due  from the buiniig
                           thr.i  i.r.mhustible
          Dedroc>  -  the sol if. rock  exposed at
the S'irfact; of  the  earth  or overlain  by
unfonso1 idat eri  rnater tal

          5e^d'''JC'k  -  ttie soiiu rock  exposed at
th° surt-i'cf=""f'  the  eortl'  or overlain  by
                 mater.'.al.
          3j_!J 1c^__wa_oj._e - J.,irge items  of  refu&fc
i icluding'bTit not  jf.Tiited  cr> aupliances ,
furnitaie,   targe  auto parts,  trees,  branches,
a:id stamps

          buiky  J'astje.   'Calky Waste" includes
large  items of  solid wastes such as appJ iances ,
furniture,   large  auto parts,  rree^,  branches,
dlua-.ps  and  other  overside  wastes whose lar?f-
r-'ize prei'inrips  or  coniplif.ai.os Lhetr handling
t>y normal  col 1 f-c t1 or. , .j)' >< ess ing or disposal
                                                                  ^il^JSJi— *?_Sl 11 fibjp wastes.
                                                        The  tern o.ijky w&ste  includes, but  it  not
                                                        necossariiy  limited to ,  the lol lowing:   tires,
                                                        rubble, stmnps,  and white  nooda.
                                    completely

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      Col 1 e c t i n p-  Agency  is any agency.
business~o"r~ pr ivjTla  or rm'nieipal  corporation
for the collecting  of  solid waste.

      Collect ion  Vehicjo or Equipment
includes any  veiucTe" or" equipment -Tied
in the collection of residential  re:use
or commeiical sol 3d  wascc-o.

      Collector   Collector means z. person
holding a valid license  from the Agency to
engage in the collection of afcanaonod nr-tor
vehicles and  other  scrap treta.!
                                                          Construction  jipd demoli tion waste -
                                                    Waste building raaterials and "rubbTe resulting
                                                    from construd ion ,  remodeling, repair, and
                                                    demolition  operations en houses, commercial
                                                    build-ings,  and other structures and pavements.

                                                          Construction  and Dernol it ion Wastes.
                                                    "Constfuction and Demolition Wastes"  include
                                                    the waste building, .materials, packaging  and
                                                    rubble  resulting frorn construction,  remodel-
                                                    ing,  repair cind demolition  operations on
                                                    pavements,  houses,  commercii] buildings  and
                                                    other  struct. if-as.
      ^S^-^Stjbl°_.P'':'Ju.so includes any
burnable mate rials.
      Comaet'cia 1 ^jwau eg  -  Al i  sx-il.i wasi f
emanating 'from establishments engaged in
busines.3.  This category  includes b".t is not
limited to so; id waste  orig.-nating In stores,
markets, office huijdings,  restauranrs,
shopping cente-"£, and theaters.

      Comnieiv i a >  Solid  frart e_s i n c 1 u d e
all types" of "solid  wa.3trs gereiatod by
stores,  offices  and other coK>rm=reJ ai
sources,  excluding  resDdences, ar.o
excluding industrial  i* as l e.-.

      Compactiou -  the  r-jrluciioa of volume rf
material under load.

      Coingpstir.f or Compost Plant shall  mean
an DffTcialTy~™GnU-6TTeiii:ro3iai deg-ia''n~
ticn of organic waste-i  yielding  a ...sff
and nuisance free proCuei.

      Com£osjtJ.ri_g  is  t!ie  process c" bioohemic?. 1
degradation of organic  njste  under control-lad
conditions.

      Composting -  th-s  sroces;~ in viic.o solid
waste is shreddt-d or  ground  anrt  i i.'Oii bio-
chemically decomposed under  conrroil.-d
anaerobic or aerobic  condition:-!  lo vioic'. a
stable, nuis.^nca-free,haTnis-3 ike prDduct which
may be used a« a noi1 conciit i'.jner

      Com_po3_Lj._ng -  Compost tn f: me ins the
controlled" biological dccompcsj.ti'-.r, ci
selected solid wafte  iu ^ .nannei  rtSult'.n^
in an innocuous  final product.

      A  1'Comp;,-st1ing nlb._nj_'  is- a s'-iid waste
disposal facil-itj utiJ'^inp bioc!""-Tnl'-al
degradation t.c .-hp.nR'. cfpc-oiKoc a ft t J <•- po'-tiops
of solid wast" t<> a :iu>]>us-MV«- •r,Htf''ial ,
                                                          Container- Pet achaplp -  is a partially
                                                    •neehaiTzed self-service refuoe storage
                                                    couta Luer  'for individual or bulk use, utilizing
                                                    spec I a1  equipment for emptying or transporting
                                                    to  tho  dlfposdl  site.
                                                                              ____
                                                        .   is  a we- otrengeh kraft paper  or
                                                    polyothyiene ais.^ardable container that  is
                                                    free  standing, affixed to a wall, or mounted
                                                    CP  or in  special racks or boxes with a
                                                    cppacity  of 5U to ^5 gallon capacity.
                                                          .         ._.'aKg-^.Al>di /idual .      _
                                                     -s  a  durable,  corrosion-resistant, rodent-
                                                     resistant.  easily cleanable container  with
                                                     tight fitting  lids f-.nd equipped with suitable
                                                     handles with a capacity of 32 gallons  or less.

                                                          Contaminant is any -so lid, liquid,  or
                                                     qaseous nutter,  any odor, or  any  form  of
                                                     energy,  from whatever source.

                                                          Cover pat.etjal means soil or other
                                                     suitable mstf-rial used to cover compacted
                                                     soiid waste in a solid waste  disposal  area.
                                                     This  material  shai] have a tertural  range of
                                                     sandy elny, sand^ clay loam,  sandy  loam,
                                                     loamy iand, clay loam, loam,  silty clay loam,
                                                     or  si Ity loam in accordance with  the National
                                                     Coopei at ive Soil Survey, ?s raay be amended
                                                     frotr  time to ^im-i by the U.S. Soil Conservation
                                                     Servj ce.
                                                                __        "Cove:-  Ms.terial"
                                                     ne.'ifif !-fiJs c/r other s'.'i table  material
                                                     that is used to cover corr.pacied  soiid
                                                     wsste.s in a ',J,ispcsai S;ji»e.

                                                           Cover mate^ria_l -  soil  or other material
                                                     that is used to cover compacted  solid waste
                                                     in a sanitp.r;  landfill  and that  is free of
                                                     objects that "vould hinder compaction and free
                                                     of content '.hat won ' rJ be conducive to vector
                                                     h?rboraR<-', f'-cding  or  oreedir.K,

                                                           Ba_£_ly_Cqv;er  '.ncludes that  cover
                                                     material spread and •-•oinpact.ed  on the
                                                     entire siirface of  the active face of the
                                                     sanitary Ja;idfiil  at. le^.st at  the end of
                                                     eich operatiiu' day in order  to control
                                                     vectors.  r:r->, water infiltration, erosion,
                                                     'ind to pr?ver.". un--, i.ghtllnoss .

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           _          "Bead Animals"  include
those anTH)aTa~w5osp carcasses  require  dis-
posal .

      D§£2!2E2^iH.£S.-5&£.f!5 •   "Decomposition
Gases" "include gases produced  by  chemical
or microMa] activity  e,ni; any  place  st whic1?
solid waste is dumped,  abandoned, accepted or
dispos^u of by incineration, land filing, com-
posting or any other method.

      ;1lsJ^jtj.c _waetg or hoi:jieho_la  .waste  -  Solid
waste,' comprised of garbage""and "rubbish, which
normally originates in  the  residential private
household or apartment  'louse.

     Dump.   "Dump" means a  disposal  site
which is exi'osea to the elements,  vectors
and  scavengers.

      ''Enginoering data' shall mean  information
describing the area of  disposal  oites in acres,
a description of the access  roads  and roads
within thp site, a inscription of  fencing  en-
closing the  disposal site,  and overall plan
listing the  method or methods by which the
disposal site will be  filled with  refuse and
the  i'se to which it wij.1 be  placed once  the
site is filled and closed.

      'Engineering Report Design Criteria''w
shall mean" the Minimum  requirements  whTcF™
shall be applied to new facilities proposed
for  designation as a solid  waste disposal  site
ar;d  f AC il it}>.

      Faci^lj^ty - any device, mechanism,
equipment, or area used  for  storage  transfer,
processing,  incineration or  deposit  of solid
waste.

      "Feedlot Opeiator"  jhali  meat: an  indiv-
idual, a corporation, a group of individuals,
a partnership, joint venture, owner  or any
other business entity having charge  or control
01 one or more livestock feedlo*s, poultry lots
or other animal lots.
      "Fertile
                    sh&ll mean  (s)  animal  manure
which is put (.,11 or  in  the  soil  to  improve the
quality or  quantity of plant  growth,  or (b)
aaimal manure winch is used as  a compost   soil
-,ondit ".oner , or specialized plant  bed

     Fill.  "Fill"  incluaos compacted
solid waste an<3 cover  material.

     Final Cover.    "Final Cover" means
co\er material  that  represents  the per-
manently exposed final  sirfacp  of a Till
                                                 A-3

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     Final Kite F»ce.
                        'Final Cite Fac<;" means
tne final exterior surface o( lite completed
portion of a rill.

      Garbage.  Garbage is discarded material
resulting from the handling, processing,
storage, preparation, serving and oonsuTpt.ion
of food.

      Garbage - Solid waste resulting  from
animal, grain, fruit, or vegetable natter used
or intended for use as food.

      "Garbage" is all putrescible material
including animal and vegetable wastes,  resulting
from the handling, preparation,  cooking  and
consumption of food, swill and carcases  of  dead
animals, except sewage, sewage sl'jdiii,, and
human ooiiy wastee.

     Garbage.  "Garbage"  includes all
kitchen  and, table  food ivaste,  and animal
or vegetable waste that attends  or results
from the storage, preparation-, cooking or
handling of focd stuffs,

      "Garbage" is waste resulting from  the
handling, processing, preparation, cooking,  aid
consumption of food, and wastes  frorr t.ie
handling, processing, storage, and sa'ie  of  pro-
duce.

      Garbage Putrescible animal and vegetable
wastes resulting frorr. the handling, prepara-
tion, cooking and consumption of food, inc-
cluding wastes from markets, storage facilities,
handling and sale of produce and other food
products, and excepting such materials that  may
be serviced by garbage grinders  ana handled  as
household sewage.

      ''Geological data," shall mean classes  of
soil to a reasonable depth from  the ground  sur-
face, the location and thickness of the  signifi-
cant soil classifications throughout the area
of the site and to extend some distance  beyond
the boundaries of the site, to include informa-
tion on water elevations, seepage quantities
and water wells 1,000 feet beyond the  boundary
of the disposal sice.

      Ground water - Water in the ground that
is in the zone of saturation

      Groundwater - water occur"ing  in the  zone
of saturation in any aquifer o;  :-oi L

      Groundwajer  means water present in the
zone of" saturation of an aquifer.

      Hazardous Wastes shall include but not
be limited to~~wastes resulting from the  manu-
facture or use of pesticides and drjgs (other
than normal household use), pathological
wastes, explosives, radioactive  material^,  and
like dangerous or toxic materials that should
not be handled in the manner prescribed  for
normal wastes.
other so"; id waste, be infectious,  explosive,
poisunoufe, highly f 1 aranable , caustic  or  toxic
or otherwise dangerous or  injurious to hu^.an ,
plant or animal life, but  does not  include
Environmentally Hazardous  Wastes  as defined in
Section 1, Chap, 699, Oregon Laws  1971.

      Ha gar do us waste - Any waste which  by
virtue oi" itf qua'."'*" i ty or  content  presents a
hazard to tha individuals  handling  it,  a haz-
ard to paolic health, or potential  pollution  to
the air or waters c>1 this  Ccnmonwealth or makes
lanu unlit or undesirable  for normal  use.   This
category shall include but  1,3 not limited Co
chemical?, explosives, pathological wastes, and
        ive materials.
      ' !ifi£;frP>''if= I'"'16 *=:!'.  ^rc ludj   but  a/'e not
linn *. eJ i.o, Hxplocivef;, LWviios..1 wastes,  radio-
act iv° wsst.es, and ehtr.iicals which are harmful
to tUc- public health or the  en'-'ironment .

      hazardous wa_§j*§. ~ aoiid  waste with inher-
ent properties which make  such waste difficult
or dangerous to managd by  normal means includ-
ing but nor limited to chemicals,  explosives,
pathological wastes, radioac'*'} ve materials,  and
wastes likely tc., cause fire.

      ' llagardo.is Kia_tf;ri_al  and  toxic substances"
are liouid ~or so fids; which can be  dangerous  to"
:Mn, animal s.nd plantlife  unless properly
neutralized.

      Hazardous wastes mfei'.ns solid and liquid
wastes in the following classifications:
(a}  Explosive;;; ib)  pathogenic wastes;  (c)
radioactive wastes, (d) cheirictil wastes  which
either create an immediate safety  hazard to
persons disposing of the  waste or  which  by
virtue of their chemistry  and/or the method  of
disposal present a threat, as  determined by
the Commissioner, to the  quality of gound or
surface waters, (e)  hospital  operating  room
wastes

     liazai'dgub ..J11' agj.es .   "Hazardous Wastes"
include any waste material or  mixture of
wastc-'K which  is toxic, corrosive,  t1r.nma.bLp.
an irritant, a strong sens it izer,  which  gener-
ates pressure through decomposition, heat or
other means , if such a watte or mixture  of
wastes may cai't,e oubsti'itial personal injury,
serious illness or hai-m to huiians. domestic
ammals. or wildlife, during.  T- e.s an approxi-
mate result of any disposal  of such wastes or
mixture of wastes as dffined in  Article  2,
Chapter 6 5, Section 2M17 01  the  Health and
Safety Code   The tenr.s ''Toxic", ' corrosive" ,
" flammable ' . "Irritant1 ,  ar.d "stiong stnsi t izei-1'
uhali be given the same meaning as in the
California HaT,-. rdovs Substances Act (Chapter 13
commencing vnth Section 28740  ot Rivisioi! 21 of
the Health and Safet., Code).
      "Hazardous Solid Wasu
                               is  so Ijd waste
that may, bv  itself  or  in  combination  with
      "liejtt- trea ted" means  <>.  process of drying
or t roaming  sewuge  sludge where  there is an ex-
posure of alj portions:  oi the sluage to high
toiiireruturPi. for- a.  sufficient time to !;ill  ail
pat nogen i<:. crga-iisrjs

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       "Hydrological data" shall include aver-
age, maximum, and minimum amounts of precipi-
tation for each month of the year,  surface
drainage facilities, streams and lakes adjacent
to the disposal site, irrigation water ditches
adjacent to the site, wells,  streams and lakes.

       Incineration.  Incineration is the pro-
cess of burning wastes,  for the purpose of
volume and weight reduction in facilities de-
signed for such use.

       Incineration - The process of burning
combustible solid waste to an inoffensive gas
and an inert residue.

       "Incineration" is the controlled com-
bustion of solid, liquid or gaseous waste
changing them to gases and to a residue con-
taining little combustible material.

       Incinerator shall mean a device designed
to burn that portion of garbage and rubbish
which will be consumed at temperatures gener-
ally ranging 1600 degrees F or over.  The un-
burned residue from an incinerator, including
metal, glass and the like shall be called
ashes.

        Incinerator.  "Incinerator"  includes
any  equipment used  for  the  volume  reduction
or destruction of combustible wates by burn-
ing,  from  which  the exhaust gases  pass through
a f]ue.

       "Incinerator" means a combustion device
specifically designed for the reduction,  by
burning, of combustible solid wastes.

       "Incinerator" is a furnace and associa-
ted building designed to burn solid wastes
under controlled conditions, of more than 50
pounds per hour capacity.

       Industrial Wastes.  "Industrial
Wastes" include all types of solid wastes
and semi-solid wastes which result from
industrial processes and manufacturing
operations.

       "Industrial Wastes" are waste by-pro-
ducts at manufacturing operations.

       Industrial waste -  All solid waste re-
sulting from manufacturing and industrial pro-
cesses such as those carried on in factories,
processing plants,  refineries, slaughter
houses and steel mills

       "Inert Material" is inactive or neutral
solid waste.

      Infectious Wastes.
Wastes" include
' Infectious
                  (a)Equipment,  instruments,
utensils and other fomites ol a disposable
nature from the rooms of patients who are sus-
pected to have or have been diagnosed as having
a communicable disease and must,  therefore,  be
isolated as required by public health agencies;
(b)  laboratory wastes, including pathological
specimens (i e., all  tissues, specimens of blood
                         elements,  excreca  and  secretions  obtained  from
                         patients  or  laboratory animals) and  disposable
                         fomites  (any substance that may harbor  or
                         transmit  pathogenic  organisms) attendant
                         thereto;  fc)  surgical operating  room patholo-
                         gic  specimens -  including  recognizable  anatomi-
                         cal  parts, human tissue, anatomical  human  re-
                         mains  and disposable materials from  hospitals,
                         clinics,  outpatient  areas  and emergency rooms,
                         as is  also defined in  Section 314 (d) of the
                         California Administrative  Code, Title 17.

                                Institutional Solid Wastes.
                         "institutional Solid Wastes"  include solid
                         wastes originating from education, health  care,
                         correctional,  research facilities or other
                         similar  facilities.

                               Institutional waste - All  solid  waste
                         emanating from institutions such  as  hospitals,
                         nursing  homes,  orphanages,  schools and  univer-
                         sities.
                               Intermediate Cover.
                                                    'Intermediate
Cover" means cover material that is
applied on areas where additional cells are
not to be constructed for extended periods of
time, and therefore, must resist erosion for
a longer period of time than daily cover.

       "Junk Automobile" is defined to be the
hulk of body of a motor vehicle essentially
suitable only for one use as scrap metal. Junk
automobile parts constitute the normally re-
cyclable materials obtainable from a motor
vehicle.

       "Land Disposal Site" is a disposal site
at which solid wastes are placed on or in the
ground for disposal, such as but not limited
to landfills, sludge lagoons and sludge spread-
ing areas.

       Land Pollution.   Land Pollution is the
presence in or on the land of any solid waste
in such quantity,  of such nature and duration,
and under such condition as would affect in-
juriously any waters of the state,  create air
contaminants or cause air pollution.

       "Landfill" is a general term meaning all
landfill operations such as sanitary landfills
and modified landfills.

       Leachate.  "Leachate" includes
liquid that has come in contact with or
percolated through waste materials and has
extracted or dissolved substances therefrom.

       "Leachate" is liquid that has percolated
through solid waste

       "Leachate" is water that has passed
through a landfill or an accumulation of solid
waste, containing dissolved and suspended and/
or nicrobial contaminents.

       Leachate - liquid containing materials
removed from solid waste.
                                                   A-5

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       Leachate means that liquid which results
from ground or surface water which has been in
contact with solid waste and has extracted
material, either dissolved or suspended, from
the solid waste.

       Lift - An accumulation of daily refuse
cells over which an interim cover of at least
12 inches of compacted soil is placed with
the intent of transfersing the site with a
similar lift.

       Lift - an accumulation of refuse which
is compacted into a cell and over which com-
pacted cover is placed.

       "Light Material" is paper, plastic, card-
board, and other wastes which may be wind trans-
ported.

       Liquid Wastes.  "Liquid Wastes''
means waste materials which are not
spadeable.

       Litter.  "Litter" means any post-con-
sumer solid waste which is not deposited in
(1) an authorized solid waste disposal site,
(2)  appropriate storage containers or (3) in
other areas designated for disposal of solid
wastes.

       "Litter" is solid waste that is scattered
in a careless manner.

       "Litter Receptacle" is a specialized
storage container for nonputrescible  Litter
approved under the litter control act

       "Livestock" shall mean beef and dairy
cattle, horses,swine and sheep.

       "Livestock Feedlot" shall mean  the
confined feeding, breeding, raising or holding
of livestock in enclosures specifically de-
signed.

        Local Government.   "Local Government"
 includes  a  local public entity which  includes
 a  county, city,  district,  or  any other  special
 political subdivision, but does not include
 the  State.

       Maximum high watertable means the highest
elevation reached by the upper level of the
groundwater as determined by prudent engineering
evaluation.

       "Metallurgical slag" is the cinder or
dross waste product resulting in the refining
of metal bearing ores.
       "Mill-tail ing
       	___ are that refuse material
resulting from the processing of ore in a mill.

       "Mining wastes" are either mill-tailings
or metallurgical slag or both.

       Modification - any physical change, or
change in the method of operation, of a solid
waste management facility.  For purposes of
                                                  permits  issued pursuant  to  thus  Chapter,  the
                                                  Agency may  specify  conditions  under  which a
                                                  solid waste management facility  may  be  opera-
                                                  ted  iwthout causing a modification as herein
                                                  defined.

                                                         "Modified Landfill"  is  the disposal of
                                                  solid waste by compaction  in or  upon the  land
                                                  and  cover of  all wastes  deposited, with earth
                                                  or other approved cover  material at  specific
                                                  designated  intervals, but  not  each operating
                                                  day.

                                                         "Natural Resource Systems" means the
                                                  total system  produced by the interaction  or
                                                  interdependence of  the earth materials, the
                                                  atmospheric system  and the  biologic  system
                                                  for  any  designated  geographic  area.  These sys-
                                                  tems include  but are not limited to  the
                                                  characteristics and behavior of  soil, uneon-
                                                  solidated geologic  material, bedrock, surface
                                                  water, subsurface water, air,  climate,  and the
                                                  biota.

                                                         Non-Combustible  Refuse-  "Non-
                                                  Combustible Refuse" includes miscellaneous
                                                  refuse materials that are  unburnable at ordinary
                                                  incinerator temperatures (1300 to 2000  degrees
                                                  F).

                                                         "Non-digested Sludge" means the  sewage
                                                  sludge that has accumulated in a digester but
                                                  due  to a lack of environmental control  has only
                                                  partially decomposed.
                                                          Nuisance.
                                                                      "Nuisance" includes
anything which is injurious to human
health or is indecent or offensive to the
senses and interferes with the comfortable
enjoyment of life or property, and affects
at the same time an entire community or neigh-
borhood or any considerable number of persons
although the extent of annoyance or damage
inflicted upon the individual may be unequal
and which occurs as a result of the storage,
removal, transport, processing or disposal of
solid waste.

       "Nuisance" consists in unlawfully doing
an act, or emitting to perform a duty, which
act or omission either annoys, injures, or
endangers the comfort, repose, health or
safety of others, offends decency, or unlaw-
fully interferes with, obstructs, or tends to
obstruct, any lake or navigable river, bay,
stream, canal, or basin, or any public park,
square, street or highway; or in any way renders
other persons insecure in life, or in the use
of property.

       Official plan - A comprehensive plan for
the provision of an adequate solid waste
management system adopted by a municipality,
authority, county or any combination thereof
possessing authority to provide or having
jurisdiction over the provision of such a sys-
tem, and submitted to and approved by the
Department as provided in the act.
                                               A-6

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      Open Burning.  Open burning is burning
any matter whereby the resultant combustion
products are emitted directly to the open
atmosphere without passing through an adequate
stack, duct or chimney.

      "Open Burning" is the burning of solid
wastes in an open area, or pile; or in a
barrel or furnace with inadequate controls
which yields an unsatisfactory residue and an
unsatisfactory air effluent.

      Open Burning means the burning of any
material under such conditions that the
products of combustion are emitted directly
into the open atmosphere.

      Open Burning is the combustion of any
matter in the open or in an open dump.

      Open Dump - A land disposal site which
lacks proper management and is not operated
with compaction and cover.

      Open Dump shall mean any officially
recognized place, land or building which
serves as a. final depository for solid wastes,
whether or not burned or buried, which does
not meet the minimum requirements for a
sanitary landfill, except approved incinerators,
compost plants, and salvage yards.

      Open Dumping means the consolidation of
refuse from one or more sources at a central
disposal site that does not fulfill the
requiremetns of a sanitary landfill.

      Operator - A person who owns,  leases,  or
manages a solid waste management facility.

      Operator means an individual,  certified
by the Commissioner, who is responsible for
maintaining the solid waste disposal area
in conformance with regulations and permit.

      Operator means the person to whom the
approval to operate a disposal site, transfer/
processing station or collection system is
granted,  and who is responsible for the direct
control of the receipt, unloading and
placement or further processing of solid wastes.

      Operating Area  Operating Area means that
portion of a disposal site which is currently
in use for the unloading and disposal of
wastes,

      Operational Data shall include a plan
for overall supervision of the disposal site
to include supervisory personnel and labor.

      Pasture - shall mean areas where grass or
other growing plants are used as food for
grazing.   A pasture shall be deemed a. livestock
feedlot or poultry lot when the concentration
of livestock or poultry is such that a
vegetation cover is not maintained except in
the immediate vicinity of temporary
supplemental feeding or watering devices.
      Permeability - the capability of a
material to pass a fluid.

      Permit  means a written permit issued by
the Department, bearing the signature of the
Director or his authorized representative
which by its conditions may authorize the
permittee to construct, install, modify or
operate specified facilities, conduct specified
activities, or dispose of solid wastes in
accordance with specified limitations.

      Person - Person means any human being,
any municipality or other governmental or
political  subdivision or other public agency,
any public or private corporation, any
partnership, firm, association, or other
organization.

      Person - The term  'person1 means any
individual, corporation, company, firm,
partnership, association, trust, state
agency, government instrumentality or agency,
institution, county, city, town or municipal
authority or trust, venture, or other legal
entity however organized.

      Person means the United States or
agencies  thereof, any state or public or
private corporation, local government unit,
public agency, individual, partnership,
association, firm, trust, estate or any other
legal entity.

      Person means any individual, firm,
partnership, association or corporation, public
or private, organized or existing under the
laws of the state or any other state, including
federal corporations, but excluding
municipalities, special districts having taxing
powers or other political subdivisions of
the state.

      Person - Person includes an individual,
firm, association, copartnership, political
subdivision, government agency, municipality,
industry, public or private corporation or
any other entity whatsoever.

      Person - person also includes any city,
country, district, the state or any agency or
department thereof, and the United States to
the extent authorized by federal law or
regulation.

      Person shall mean the State, any
individual, partnership, firm, association,
municipality, public or private corporation or
institution, political subdivision or agency
of the State, trust, estate, other legal entity,
or agency, and any successor, representative,
or agency, and any successor, representative,
or agent of the foregoing.
                                               A-7

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       Person is any individual,  partnership,
co-partnership,  firm,  company,  corporation,
association, joint stock company,  trust,
estate, political subdivision,  state agency,
or any other legal entity,  or their legal
representative,  agent  or assigns.

       Poultry shall mean all domestically
raised fowl,including but  not  limited to,
chickens, turkeys, ducks, geese and game birds.

       Poultry Lot shall mean (a)  The place  of
confined feeding, hatching,  raising, or
holding of poultry in  enclosures,  yards or pens
where animal manure may be  accumulated, or
(b) Range areas not normally used for pasture
or crops, in which animal manure may accumulate
and be carried directly or  indirectly to
waters of the State or constitute  a potential
pollution hazard.

       Premises - premises  includes a tract  or
parcel of land with or without  habitable
buildings or appurtenant structures.

       Problem Wastes   are  bulky wastes,
abandoned vehicles, construction and
demolition wastes, industrial wastes, manure,
fly ash and such other solid waste that may
take special handling.


       Processing of Wastes - Any  technology
applied for the purpose of  reducing the bulk
of solid waste materials or any technology
designed to convert part or all of the waste.

       Processing.  Processing  includes the
reduction,separation, recovery,  conversion
or recycling of solid  waste.

       Processing.  is the  opera.tion of solid
waste handling that converts it into a useful
product.

       Public Waters - include  lakes, bays,  ponds,
impounding reservoirs, springs, wells, rivers,
streams,  creeks, estuaries,  marshes, inlets,
canals, the Pacific Ocean within the territorial
limits of the State of Oregon and all other
bodies of surface or underground waters,  natural
or artificial, inland  or coastal,  fresh or salt,
public or private (except those private waters
which do not combine or effect  a junction with
natural surface or underground  waters), which
are wholly or partially within  or  bordering
the state or within its jurisdiction

       Putrescible Material - is organic material
that can decomposeand may  give rise to foul
smelling, offensive products.

       Putrescible Wastes - include wastes that
are capable of being decomposed by micro-
organisms with sufficient ranidity as to cause
nuisances because of odors, gases or other offen-
sive conditions, and include materials such as
food wastes, offal and dead animals.
      Raw Sewage Sludge - means the accumulated
suspended and settleable solids of sewage de-
posited in tanks or basins mixed with water, to
form a semiliauid mass.

      Reclamation - is the disposal process in
which there is hand and/or mechanical segrega-
tion of solid waste for sale and reuse includ-
ing salvage.

      Reclamation Site - is a location used for
the processing or the storage of reclaimed
material.

      Recycling - is a process of reclamation.

      Recycling - means the reuse of recovered
resources in manufacture, agriculture, power
production or other processes.

      Recyclable Materials - means a type of
material that is subject to reuse or recycling.

      Recycling Operation - means that part of a
solid wastes disposal facility or a part of a
general disposal facility at which recyclable
materials may be separated from other materials
and for further processing.

      Recycling - means the process by which sal-
vaged materials become usable products.

      Reducer - means a person holding a valid
license from the Agency to engage in the reduc-
tion of abandoned motor vehicles and other scrap
metal.

      Reduction - Reduction means the decrease or
diminishment in bulk or mass of abandoned motor
vehicles or other scrap metal by methods approved
by the Agency, including  but not limited to,
incineration, crushing, shearing, or baling.

      Refuse - includes garbage and rubbish.

      Refuse - is any garbage or other discarded
solid materials.

      Refuse - is outrescible and nonputrescible
solid wastes, including garbage, rubbish, ashes,
incinerator ash, incerator residue, street clean-
ings, and market and industrial solid wastes, and
including sewage treatment wastes, which are in
dry form.

      Refuse - All materials which are discarded
as useless.

      Removal - means the act of taking solid
wastes from the place of waste generation either
by an approved collection agent or by a person
in control of the premises.

      Removal Frequency - means frequency of re-
moval of solid wastes from the place of waste
generation either by an approved collection
agency or by the owner of the waste.

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      Removal of Solid  Wastes - means removal
of wastes  from  the  premise where they (ire
generated  or  stored for disposal to .111 ap-
proved site by  an approved collection agency,
by the waste  generator  or  by  his authorized
agent.

      Residential Refuse - includes till types :>f
domestic garbage and rubbish  which originate in
resident lal dwellirgs.

      Hesi_due - Soi id riaterials such as ash,
ceramic-;^  gTass, metal  «nd unb-ji ,\od organic
substances remaining alter j r.(
      Resource j^onservat. Inn Programs -  mean:?
programs whj-ch encourage  so] id h.aterials con-
servation tid the  re.i'jcti on of environmental
impact fro-n  soljd  wastt,  including,  nut not
limited to,  public education and ijncoaragem-Mi '.
of market demand for  reusable or recyclable
materials..   Genert 1 Ly  such proerarrs  arr subsequent  U--.G  or ben"fii .

      Pesourcc Recover y_Faci lity •• itneun^ afuc-
tu'-es ,  machinery, or devjeoi which,  singly r>r
in combination,  are d^signsd,  conslructeii and
opt-rated so as to sopai ate ,  process,  connect,
treat or prepare  collected solid wajt? in r,uch
a manner that component  materials, substances
or recoverable resources may be nsf-J as > rav.
material or for  other  product-!'- e purposes.
5ss °_y^i£e s _!i§£iiY-p r s_
      *^'5o.li^e.? Ji§::li^Ly^jli£i\il;ji "  r""ani a
facility utilizing proces^et.  -aimed at  rei I aim-
ing the material o*~ e.i-rgy  values fru:i soli i
wastes.

      Resource Recovery Projects  - means pro-
jects wrTich result in the design,  installation,
implementation, or operation  ot' ro=or.rot; re-
covery sysC'jn...? or resouici  re?'-very f acj 1 iti e*..
Resource L Recover / S ys iem
              re-^ovory  wf
                       >or
                                  ir.eaus any
:;yst-eTi used for the  re-^ovory  wf  mat "rial  or
energy from polid  .vaste.  or  >or  the ._ ol lect ] on .
transportation, separation,  eort.'r.K  process-
ing or storage of  solio material:, 'ih1!.'!! uius in
ihe rerover,,  )]' rnateiiaJs or  eu«ii.ry iro'n soj id
waste
                                                   Rub_bi_sh -  is  nonputrescible solid wastes,
                                             including ashes,  consisting  of both combustible
                                             and nonconibust ibie  wastes,  such as paper, card-
                                             boE.i d , t ••'n cans,  yard  clippings,  wood,  glass
                                             bedding, crockery,  or  litter of any kind.
                                                    	•,_ - All  solid waste except garbage
                                             and otner decomposable  matter.   This category
                                             includes but is not  limited  to  a,shes,  bedding,
                                             cardboard, cans,  crockerv.  glass,  paper, wood,
                                             and yard cleanings.

                                                   Rubbish - includes  nonputrescibie
                                             solid wastes .such  as ashes,  paper,  cardboard,
                                             tin cans, yard clippings,  wood,  glass, bedding,
                                             crockery, plastics,  rubber by-products or litter.

                                                   Rubbish - Sonputrescible  solid wastes
                                             (excluding ashes)  consisting of both combustible
                                             and non-combustible  wastes.   Combustible rub-
                                             bit-ii includes paper,  rags,  cartons,  wood,
                                             Eiir.jiture, rubber, plastics,  yard  trimmings,
                                             leaves, and similar  materials.   Non-combustible
                                             rubbi?n includes  glass, crockery,  metal cans,
                                             moral  furniture and  like  materials which will
                                             n.u burn at ordinary incinerator temperatures
                                             (not less than 1600  degrees  F),

                                                   Runo_ff - means the  portion oi  precipita-
                                             T ion o^ applied water that drains  from an area
                                             r.s- surface f lov ,

                                                   f^a_l\ELgj3 - means separating or  collecting
                                             reusable solid or  ±iquid  wastes for  resale or
                                             i,ne business of separating or collecting and
                                             reclaiming reusable  solid or liquid  wa&tes.
                                             and the form includes but, is not limited to
                                             secondhand dealers,  junk  dealers and salvage
                                             otturators, however   the term does  not  i Delude
                                                   'a) A business Licensed pursuant to
                                             ORS 481-345.
                                                   (b) Activities of civic,  community, benev-
                                             olent or charitable  organizations.
                                                   '.<.) Activities for  which  certificates are
                                             r<-<.juired by ORS 433,400 to 433.6.30.
                                                      __
                                             vtaste material
                 - means  the controlled removal of
                 :,r  u ci 1 i zat ion .
                                                   Salvaging  -  che  return
                                             rials to beneficial  use.
                                                                           of solid waste raate-
                                                   rials
                                                   si te.
                                                         -iSb'Jla£. i££  ~  *-ne  controlled removal of Mate-
                                                         from    solid nasve processing or disposal
      S_ai_Y_a_£,_e - means  separating or collecting
reusable solid or  liyuiJ  wastct  for resale or
the business ot separating  or collecting and re-
claiming reusable  solid or  liquid wastes ior reus«s,

      Sar it ary_I.j}ndT i 11  - is a method of dis-
posii'.f1, of solid waste  on  land without creating
Px-'i sani-fii or hazaras  to public health or safety.
by utilizing the principles of engineering to
confine  the solid  waste  to  the s:aal lest practi-
cal areas,  to reduce  tt tu  the smallest practi-
cal volume, ana to cover  it with a layer of
earth at the c-unr.lusi on of  each  day's operation
or at such iiore frequent  intervals as may be
required by the Agency.
                                                A-9

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      Sanitary Landfill - is the disposal of
solid waste by compaction in or upon land anc
cover of all wastes deposited with earth or
other approved cover material at lesst once
each operating day,
                     -   ~
                            land site on which
               --  -
engineering principles are utilized to bury
deposits of solid waste without creating
public health or safety hazards or nuisances.

      Sanitary Landfill - Sanitary Landfill
means a disposal site employing an engineered
method of disposing of solid wastes in a man-
ner that minimises environmental hoards by
spreading, compacting to the smallest practi-
cal volume and applying cover material over
all exposed wastes at the end of e.ich opera-
ting day.  (See also Landfill.)

      Landfill - means a disposal site employ-
ing a method of disposing of solid wastes on
land without creating nuisances or hazards to
public health or safety, by utilizing princi-
ples of engineering to confine the wastes to
the smallest practical area, to reduce them
to the smallest practical volume, and to
cover them with a layer of suitable cover
material at specific designated intervals.
(Sae also Sanitary Landfill.)

      Sanitary Landfill - means the disposal
of refuse on land without creat'ng nuisances
or hazards to public health or safety, by
confining the refuse to the smallest practi-
cal volume and covering.

      Sanitary Landfill - shall mean a con-
trolled area of land upon which so]ic! waste
is deposited, and is compacted and covered
with compacted earth each day as deposited
with no on-site burning of wastes, aid so
located, contoured and drained that it will
not constitute a source of water pollution
as determined by the Alabama Water Improve-
ment Commission.

      Sanitary Laridf i 11 - is the final dis-
posal of solid waste on the ]and by a method
employing compaction of the refuse and cover-
ing wi th earih or other inert material .

      Scavenging - Lhe uncontrolled removal
of material from a solid waste processing or
disposal site.

      Scavenging - is the uncor.t rolled re-
moval of materials at a disposal site or
transfer station.

      Scavengi ng - the removal of materials
from a solid waste management facility in
a manner not in conformity .vith the r?pula-
tions governing salvaging.

      Scrap Processing - means converging
of abandoned motfcr vehicles and other scrap
metal to a form usable in the manufacture
of new metal products.
      Sc rap_Proc es aor - means =. person holding
a valid license fron the 4f-ency to engage  in
processing scrap frcm abandoned vehicles and
other scrap metal.

      Septic: Tani: Pump: rigs - include ajud^re
and wastewater removed froTi septic tar;ks.

      Sev.'age Sludge - influd.es any residue,
excluding grit or screenings, removed from
waste water, whether in 9 dry, serrudry or
       t'crm.
      Sewage Treatment Residues - course  screen-
ings. grit and dewatereci or air-dried  sludge
from sewage treatment plants ut\d pmnpiri^s oi
septic tank-sludges which require riisnosal with
municipal solid wastes.

      ShrsdcUng •• includes a process af reducing
the particle size of solid wastes thrt^iRh use  of
grinding, shredding, mulling or rasping
machines

      Sinkhole - meana ,\ hole worn  through bed-
rock :nto which surface w;>tcr drains to an
underground channel .

      S_i_t_e - any location, place, or tract oT
land and "aci 1 i t i ed , used for solid waste
management .
      Site Operator - i.ieans the- operator of  a
regional collection site, whether the operation
be a urij.t of government or a pe-rson under  con-
tract with a unit, of government to operate the
      Sludge - includes the accumulated  solids
and/or semisolid^ deposited from wastev/aters
or other fluids.

      Solid Wastoa - all putreKciblo  and non-
putrescible discarded materials  v except  house-
hold sewage and i ivestock and poultry wastes)
including but not limited * f> garbage, rubbish,
ashes, street and hignwaj cleanings,  dead
animals including ofirl, abandoned  automobiles,
and such industrial ws.stos as are not controlled
by other agericiet.

      Solid V'astc - means all patrescibiy and
nonputresc-ible solid, senisolid, and  liquid
wastes, including garbage, trash  refuse,  poner,
rubbish, ash-ss . industrial wastes,  demolition
and construction w.iaf.s, abandoned  vehicle"
and narts thereof, discarded home and industrial
appliances, .Kar.ure. vegetable or anim.il  solid
and semisolid wastes  and other discarded solid
and semisr>lid wa^tos.

      Solid Wastes - means garbage  refuse,
sludge of sewayo disposal plantn, ana other
discarded solid niateri ;; Is . including  solid
waste materials resulting irom jndustriai,
c.onrnercial , and from community net1 vitipa ,  but
shall not includo aj r icul turul vaste.s .
                                              A-10

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      Solid Waste - means  useless,  unwanted or
discarded solid materials,  net  excluding semi -
Solid and liquid materials  other  than st-wuge
collected and treatea  in  i  municipal  sewerage
system, but shall not  include  scrap materials
held for ro_ise or resalf-  by a  scrap material
dealer.
      Solid Waste -
                    refc
      SolJd vVaste  -  is?  garbage,  refuse
other discarded  solid materials,  eycert
waste used as fertilize)-,  including sol
waste materiajs  resulting  from indxist ? i
commercial and agricultural  operations,
from community activities    Solid *asce
not include earthen  fill   boulders, roo
other materials  normally handled  in con
tion operations, solid  or  dissolved riit
in domestic sewage or other  significant
lutants in water resources,  sroh  as st'
solved materials in  irrigation return i
or other common water pollutants.
                                        id
                                        al ,
                                         and
                                         dues
                                        k anJ
                                        struc-
                                        oi ial
                                         jol-
                                        t,  di
                                        lo-vt- ,
      Solid Waste - means  all  pjtres?i t le and
nonputresc: ble soljd ».ud serrisolid  wastes
including garbage, rubbish,  ashes,  industrial
wastes, swill, demolition  and  construct j on
wastes., abandoned vehicles  01  pans -.hereof,
and discarded commodities
      Solid Waste  - means  garbage,  re
other discarded materials  rpKul'ing i
dustrial, commercial  and agricultural
tions, and from domestic unrt  '-.omnium t^
ties, and shal] include all otho" wast
materials including liquids disposed •?
cident thereto except  it snol L  not  inc
solid animal and vegetable wastes
by swine producers licensed by  rhe
Department of Agriculture  to  collect,
pare and feed such 'vastes  TCI  swine  on
own farms .
                                      Ice
                                      ate
                                       pr
                                       tti
                                         i n-
                                         rtc
                                         ted
      Solid Was. ';e - means  all  patiescible and
nonputrescible  refu=e  in solid 01  semisolid
form including, but not  limited -o,  garbage
rubbish, ashes  or incinerator  residue,  street
refuse, dead animals,  clero 1 1 1 1 cr: wastr-f. ,
construction wastes, solid or  semisoii-i "om -
mercial and industrial was OPS  and nazardcus
wastes including explosives,  pathological
wastes, herbicide and  pesticide wa~t"'F

      Solid Waste -• means  ail  p jfescibl f and
nonputrescible  wastes, ino Lud.1 rg bat  i,<:t
limited to garbage, rubbi=h,  refuse   -lories,
waste paper and cardboard,  sewage sl'idge,
septic tank and cesspool Dumpings or
sludge; commercial, industrial   demol
and constiuctioa was res  discard^o or
abandoned vehicles or  parts  theteof ,
carded home ana industridi appliances
manure, vegetable or animal  solid  t;id
solid wastes, dead anirails ard other
but the term does not  include.
                                      othe
                                     litio
      (a) tn""1 1 rnnrnenx al ly  hazardous wastes as
defined in ORd 459 410.
      (b) Materials used for  fertilizer or for
(.thor productive purposes  or  which are salvage-
able as si'ch materials  arc used  or: lana in
EftricJj iLim'i operations  and the  tjrov..ing 01
liiirvest] UK of crops and  the rais.ug oi fowls
or animals.

      _?iJ L5?- J"LaJ' ' Ll  ~ mt'an^  materials or sub-
siancpp. discarded or leiectf-d as being spent,
List-lei;p.  worthiest, or ir «.:'•• oss  to the owner
a* the tine of such di-acd  d or rejection,  ex-
cer o sewisp.e and <,:n
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solid waste  by  tnjans acceptable iii'd"r  regula-
tions adopted by the Bo.ird.

      Solid  iVastfc Dibpoga 1 - rowans;  the. co'lec-
;,ion, storage . "treat'nor.t , utilization,  process--
ing, or final disposal OT' t,ciid wtst'-s,

      Solid  -Vaste Disposal or Disposal -  means
the final deposition oi solid wastes onto land,
into til? atmosphere  or into the \\at"rs cl  the
state.

      Pol id  Waste Disposal Area - r^ans a loca-
tion utilised  tor ultin.ste disposal of wastes
      §2-Lii!  Wastes Disposal Site at.d  Facility
means the  location and facility at  'vnicb  the
deposit and  final  treatment of s-jid  wastes
occur .

      Solid  Waste  Facility - neans  any  solid
ivaste disposal  area,  volume reduction plant,
or other -'acil i ty  the purpose of whicn  is the
'Jisposal,  processing  or storage of  solid  waste
including  loading  and transports ti :>r  facilities
or equipment  used  in  connection wiKi  the  pro-
cessing of solid wastes

      Solid  Waste;  Management Faci lity - means
any facility  employed beyond the i/iitjal  solid
WiSte collection prccess including . but not
lim: ted to,  transfer  stations, hai Lir;;;  facili-
ties, rail haul  or bavjjc- hsui facilities,  pro-
cessing sys.^effls,  including resource recovery
facilities or other facilities for  r"ducinp,
solid waste  volume  sanitary ''. andf. 1 Is , plants
and facilities  \or compacting, .-omposting or
pyrol liation  or  solid wastes. ~J ."ci i.ei :. tors
a.nd ntuer  solid  waste disposal, reduction or
conversion f ac i 1 it IPS.

      Solid  Bast il Man agr-rer.t - inear.s  t !ie  pui -
poseful and  systematic ' ransport at ' on  st-jrape,
processing,  recover-,  and disposal of  solid
waste.

      Solid  Was t e  Hand ] j ng - neans  tne  storage,
collection,  transportation, treatment,  utill/a-
tioi, processing,  an--' iina] dispose I  -jf so^id
wastes .

      Sol id  ffaste.  Haiidliug - rr.eaus  ' ne  storage,
collection,  t ransportaf ion , treatment,  utiliza-
tion, processing ,  and final ciisrosal  of so"! id
wastes .

      Solid  'Aastj;  Handling r o" otr.er seaic
      3to_ra_£e _Area -  means £.n area  p.ss./dated
Aitb c-  livestock foediot, poultry  lot or
oti'er aninial  Ji-t in wtucii animal annur"  'is
placed  fcr  storage un'il It can bt  uLil^ztra
.-13 fertilizer  c r re.poved to i. peroanent  di.«-
ucsal site.   This shall not include animal
manure  packs  01  timiulin^ within  the feed Jot
area.

      3t^orage_i.tvvts - means C33ts  of  acquisition
rental, const f uctiur  . niaiate'ii^ce  and operati"!i
of regional ^ol 1 ect ? .or. sites and facilities.

      MJ-iS.*?!-  "j:^!i&^  " includes materials picked
up by initrnial  or  rnechynieal swsepinfe of alleys,
streets fir  3idewa!ks, litter from  public:  litter
re'ieprac1"; 03 'Did  material removed  fro'r. .latch
basins.

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      Surface Water - all water the surface of
which Ts exposed to the atmosphere.

      Surface Water - means the tidal waters,
harbors, estuaries, rivers, brooks, water-
courses, waterways, lakes, ponds, springs,
marshes, drainage systems and all other sur-
faces, bodies or accumulations of water, natur-
al or artificial, public, or private which are
contained within, flow through or border upon
this State or any portion thereof.

      Suspended Solids - are finely divided
mineral and organic substances contained in
the sewage existing in a sewage system.

      Tipping Floor - is the unloading area
for delivering solid waste to an incinerator,
transfer station, or reclamation site.

      Transfer Station - means a facility at
which refuse, awaiting transportation to a
disposal site, is transferred from one type of
collection vehicle and placed into another.

      Transfer/Processing Station or Station -
includes those facilities utilized to receive
solid wastes, temporarily store, separate,
convert, or otherwise process the materials
in the solid wastes, or to transfer the solid
wastes directly from smaller to larger ve-
hicles for transport to their final place of
disposition.  (Also see Small Volume Trans-
fer Stations.)

      Transfer Station - means a volume re-
duction plant that is a central collection
point for the solid waste of a municipality
or group of municipalities where solid
wastes received are transferred to a ve-
hicle for removal to a solid waste disposal
facility.

      Transfer Station - is a fixed, supple-
mental ,  collection/transporation/disposal
facility, used by persons and route collec-
tion vehicles to deposit solid wastes into
a larger transfer vehicle for transport to
the disposal site.  This does not include
a detachable container used for consoli-
dation of the solid wastes from individuals
in rural or small town populations.

      Transfer Station - a supplemental
transportation facility used as an adjunct
to solid waste route collection vehicles.
Such a facility may be fixed or mobile and
may include recompaction of solid waste.
Transfer stations are designed to reduce
solid waste hauling costs and to add flexi-
bility to solid waste management systems
by transferring waste materials from
smaller vehicles to larger ones such as
tractor trailers or railroad cars.
      Transfer Station - means a fixed or
mobile facility normally used, as an adjunct
of a solid waste collection and disposal sys-
tem, between a collection route and a disposal
site, including but not limited to a large
hopper, railroad gondola or barage.

      Transfer Station - a transfer station
is an intermediate solid waste disposal facility
for transferring loads of solid waste to a
transportation unit having a larger capacity.
There may be volume reduction at the transfer
station.  A transfer station may be fixed or
mobile.

      Transporter - means a person holding a
license from the Agency to engage in trans-
porting abandoned vehicles and other scrap
metal.

      Unauthorized Dump - shall mean any collec-
tion of solid wastes either dumped or caused
to be dumped or placed on any property either
public or private, whether or not regularly
used, and not under the control and supervision
of any person or agency.
      An abandoned automobile, large appliance,
or similar large item of solid waste shall be
considered as forming an unauthorized dump
within the meaning of these regulations, but
not the careless littering of smaller individual
items as tires, bottles, cans, and the like.
An unauthorized dump shall also mean any solid
waste disposal site which does not meet the
regulatory provisions of these regulations.

      Vector - includes any insect or other
arthroped, rodent, or other animal capable of
transmitting the causative agents of human
disease, or disrupting the normal enjoyment
of life by adversely affecting the public
health and well being.

      Vector - is a living animal, insect or
other arthroped which transmits an infectious
disease from one person or animal to another
person or animal.

      Vector - means an insect or rodent or
other animal (not human) which can transmit
infectious diseases from one person or animal
to another person or animal.

      Vector - any living agent,  other than
human,  capable of transmitting, directly or
indirectly, an infectious disease.

      Vector (of disease) - an animal or insect
which transmits infectious diseases from one
person or animal to another by biting the skin
or mucous membrane or by depositing infective
material on the skin, food, or other object.
                                              A-13

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      Volume Reduction Plant means a plant
which is designed primarily for the purpose
of reducing the volume of solid waste which
must finally be disposed of, including but
not limited to incinerators, pulverizers,
compactors, shredding and baling plants,
transfer stations, composting plants and
other plants which accept and process
refuse for recycling.

      Vital Component Parts  Vital component
parts means those parts ol a motor vehicle
that are essential to the mechanical
functioning of the vehicle, including,  but
not limited to, the motor, drive train, and
wheels.
      Working face means that portion of
the disposal area where the waste is
deposited, spread and compacted prior to
the placement of cover material.
      Waste
materials.
             means useless or discarded
      Waste Management Services means actions
taken to effectuate the receipt, storage,
transportation and processing for resources
recovery and recycling or for ultimate
disposal of solid wastes, including the
sale of products, materials or energy on
behalf of the state, a region, a municipality
or a person by the authority or by any
person or persons acting under contract with
the authority, pursuant to the provisions of
this chapter.

      Water Pollution.  Contamination of any
water of the Commonwealth which will create
a nuisance or to render such waters
harmful,  detrimental or injurious to public
health, safety or welfare,  or to domestic,
municipal, commercial, industrial,
agricultural, recreational, or other
legitimate beneficial uses, or to livestock,
wild animals, birds, fish or other aquatic
life, including but not limited to such
contamination by alteration of the physical,
chemical or biological properties of such
waters, or change in temperature,  taste,
color or odor thereof, or the discharge
of any liquid, gaseous, radioactive, solid,
or other substances into such waters.

      Watertable means that surface of a
body of unconfined groundwater at which
the pressure is equal to that of the
atmosphere.

      Watertable - that surface in
unconfined water at which the pressure is
atmospheric and is defined by the levels
at which water stands in wells that
penetrate the water just far enough to
hold standing water.

      Working face - any part of sanitary
landfill where refuse is being disposed.
                                            A-14

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        APPENDIX B
MINNESOTA LAW - EXAMPLE OF
COMPREHENSIVE INTER-COUNTY
        PLANNING
                B-1

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                              CIIAPlliR  4T3D
                  R'ETROPOLITAN SOLID WASTE DISPOSAL
  s«c.
473D.01
473D.02
473D03
473D.04
Legislative purpose  »nd policy
Definitions
Metropolitan  council, comprehensive  plan
Metropolitan counties; solid waste Jtsposai
report
  Sec.
473D 05  Metropolitan counties:  acquisition of sites
       and  facilities
47.1D 0«j  Rate? and charges
473D 07  Pollution  control  agency, regulations and
       permits
   473D.01  IJEGISLATmE PURPOSE AND POLICY.  The legislature determines
that for the protection of the  public health, safety, and welfare of the people  of the
metropolitan area, for the prevention, control and abatement  of pollution  of air
and waters of the state in the metropolitan area,  and for  the efficient and economic
disposal of solid waste in the  metropolitan area, it is necessary to authorize the pol-
lution control agency to regulate the location and operation of solid  waste disposal
sites and facilities in the area, to authorize the metropolitan council to carry on a
continuous,  long range program of  planning with  respect to, and regulate the
location and use of, solid waste disposal sites and facilities in the area, and to author-
rize  the counties in the area  to acquire,  construct, operate, maintain and regulate
solid waste disposal sites and facilities.
   473D.02  DEFINITIONS.  Subdivision 1.  The terms  defined  in this  section
shall have the meanings given them unless otherwise provided or  indicated by the
context.
   Subd. 2. "Metropolitan area" means the area over which the metropolitan coun-
cil has jurisdiction.
   Subd. 3.  "Metropolitan council" or "council" means the metropolitan  council
established by section 473B.02.
   Subd. 4.  "Metropolitan county" means any one of the following counties:  Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott or Washington.
   Subd. 5. "Local government unit" means anv municipal corporation or go^ern-
mental suoaivision other than a metropolitan county  located in whole or in  part in,
the metropolitan area, authorized  by law to provide for the disposal  of solid waste.
   Subd.  6.  "Person"  means  any  individual,  partnership, corporation,  or other
organization or entity, public or private.
   Subd. 7. "Acquisition" and "betterment" shall have the meanings given to them
In chapter 475.
   Subd. 8.  "Agency"  means the Minnesota  pollution control agency  established
by section 116.02.
   Subd. 9.  "Solid waste"  means  garbage,  refuse and  other  discarded  solid
materials,  including solid waste  materials resulting  from  industrial, commercial
and agricultural operations, and  from community activities, but does not  include
earthen fill, boulders, brc'-cen rock  and other materials nermally  handled  in con-
struction operations, solids or dissolved  material  in  domestic sewage  or other
significant pollutants in water resources, such as silt, dissolved or suspended solids
In industrial waste water effluents,  dissolved materials in irrigation remrn flows or
other common water pollutants.
   Subd. 10. "Solid waste disposal site  or facility" means all property, real or
personal, including negative and positive easements and water and air rights, which
Is or may  be needed or useiul for the disposal  of solid waste, except property for
the collection of solid waste.
   11969 cSlfTs 2]
   473D.03  METROPOLITAN  COUNCIL, COMPREHENSIVE PLAN.  Subdivi-
sion 1.  The metropolitan council shall  prepare  and by rssolauon  adopt a compre-
hensive plan for  the disposal  of solid waste in the metropolitan  area  for  such
period as the council deems proper and reasonable; and, when adopted, such plan
shall be followed in the metropolitan area. In  developing the plan the council  shall
consider the preservation and best and  most economical use of land and  water re-
sources in the metropolitan area.  The plan shall include a statement of goals  and
policies for solid waste disposal, criteria for solid waste disposal sites, the general
                                  B-2

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         MJETROPOIJCTAX SOLID WASTE DISPOSAL

         and '-ajsacsties  of needed disposal sites  and facilities, projections  of  dis-
posal  capar.!tic> required,  regulations  for the  operation of  disposal  sites  and
facilities, a description of  Disposal techniques which may be used, the t\pe or types
of solid waste i& h« disposed of ui each site or facility, and such other details as the
council de?ms  dpjvrotmate. Criteria  lor solid v,aste disposal sites and regulations
for she opersl.on or disposal .sires and facilities,  included in the  plan, shall be consis-
tent w^h regulations adopted by the agency pursuant to  section 473D.07. The plan
may be r'-visei as otf:n ?s 'he council deems necessary in the same manner  as pro-
      for trie idopuo.i rhereol, A copy of the comprehensive pian and each revision
     of jhail ^f deiiv^'pf: or mailed to the agency  and  the county auditor of each
metropolitan count} aifer it h?s been adopted. Prior to the adoption by the council
of ifs  comprehensive plan, no  metropolitan  county or  local government  unit shall
acauliv any sol'.d waste  disposal site or facility  unless approved by the council:  and
after  fbii>posa! sur-  or facility in use when  the comprehensive  plan is
adopted  srhali b» discontinued solely because it  is  not located in an area designated
in f he plan as acceptable  lor i'nc location of such sites and facilities.
   SuM 2.  Piior to the adoption of a comprehensive plan  pursuant to  subdivi-
sion 1, the council snail  hold  a public hearing thereon at such time and place in the
metropolitan sr»a a.--  it shall determine. A notice of such hearing shall be published
one* cadi  week lor TWO successive -.veeks in the  official newspaper of each metro-
politan count;,  *y .T-  j-ar-h  rnprropolitan  county and each local  government unit
wherein a solfc war.te ussposa) site  or facility  is or may be located in jiccorjance
with thi plan. The notice  shall ^pecily the time, date and place of hearing, and the
tfcc'its ?ii a place *»'iierf 3  copy of tiie proposed comprehensive plan may be examined
by any interested psr jor>,
                '
   47SI>.1!4  J5i;TBOPOOTA^ COUXTIES; SOLID WASTE DISPOSAI,, RFPOKT.
Eacli jT'i'fTjf.^iiTari COU.TV. upon receipt of the council's comprehensive plan,  shall
prepare anu r-afcrrat  ;o  itse council for its  approval, a report including:  a descrip-
tion of anj so:id \> asie-  disposal site or facility which the county  OV.TIS or plans to
actiuue to impIeTrierf the comprehensive plan; the planned method, estimated cost
and time of acnaisition thereof, a description of any improvements which  will be
           »c snake  I'.if  sife or  facility suitable for solid waste disposal,  proposed
            Jc" the operator artd maintenance of any such site  or facility;  an
estimate* of ths i.-inual cost of operation and maintenance of each sue or facility; an
esmaaii oi tnr  mrtmi  ;nosi revenues which will be received from the operation
uf each site or £ar'Ait> ;  ana a  proposal for the use of  each site when filled. The
r«jj.'orv  shall also ir.cluae a complete survey of existing or proposed  municipal or
pnvaie so i1 •.-, :ste .ii-po.sai sues and facilities in the county containing mforrnatic'i
sirpilur to iKar rt-quue-:  lor county facilities, and a statement of the extent to which
they *U! or m.iy be- used '-j irnpiemcnc the comprehensz'. e plan.  The council  Shall
approve the r.yori  :f it  is ir accordance with its  comprehensive  plan. The  report,
when approved  by  th.t  council, shall  be  implemented by the county.  Each report
sot appro--. fid t>y ihe Council snail bt ;era/ried to the county with a statement of the
reasons Jos  She council's failure to appro^t jt.
    4T300.',  MfcTI£OrOLITAX   COUNTIES:   ACQl'ISITION  OF  SITES  ANP
FACILIII^S.  Suodivi.Mt>n I,  To accomplish the purpose specified ;n section 473D.04,
each metropoliian rourity may  acquire  b>  purchase, l°ase,  gifr  or conderr.t.atiun
as pr cvidi-fl M' law, upon such terms and conditions as, it snail determine, including
conTaLfs  tor cK'ed and  conditional .<3!es contracts,  sohd  ivaste  diiposa*  sites or
fscilltifs " h?ch  ait: »n accordance wiin ics-'uiations adopteti by  the  age-'.ry.  lii«J
eornprchensnc olan adopted by tne council and tne couniy report at approved by the
eou'Kil,  ,'uid m;.y :r:;ri\>ve u: < or.-itruut iiT.pioverr.or.ti on any iiic .-;o acquired. Tae
n^ht of cor.fle-ni.anors s!-.a!! (v t-\eicisL\: in  accordance with chapter ilV. A mutr.?-
poJi^an  lor arri operate a >-:o)id waste disposal sit»- o',
far-Hit v  VM*!JKI the bouridar'es u£ jny city, village, borough  or town in  die rneUo-
                                         B-3

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(solltan  area,  without complying with  the  orovisions  oi_ any  SfiBing ordinance
adopted after April \~>, K^-J.
   ?ubd. 2.  Each metropolitan county may by resolution authorize tha issuance of
bonds  to provide funds  for 'ho acquisition  or betterment  of  property rights,
buildings, structures  and equipment for a  solid waste  disposal site  or facility,
or for refunding any outstanding  bonds issued lor any such purpose,  and may
pledge to the payment of such bonds and the interest thereon, i's full iaith, credit
and taxing powers, or the proceeds of any designated tax levier. or Uie gross or  net
revenues or charges to be derived from any such site or facility operated by or  for
the county, or any combination thereof. Taxes levied for the payment ef sucn bonds
and interest "hall not reduce ihe  amounts of other taxes which  trie county is
authorized by  law  to levy. J\o ejection shall be required to author'za 'he issuance of
any such bonds. Fxcepi as otherwise provided,  such tends snail be issued  and sold
Jaaccordance with the provisions of chapter 473.
   Subd. 3.  Each metropolitan county may operate and maintain solid waste  dis-
posal sites and facilities, and for  this purpose may employ all  necessary personnel,
may adopt regulations governing the operation thereof, may es.abl.sh and  collect
reasonable, non discriminatory rates and charges  for the use thereof by any local
government unit or person, estimated to be sufficient, with any other moreys appro-
priated  for su'h purpose, to pay all costs of acquisition, operation and maintenance
thereof.
   Subd. 4.  Each metropolitan  county may  contract  with any  person for  the
operation and  maintenance  by such person of  any solid  waste disposal site or
facility  owned by it. Such contract shail provide for the operation arid maintenance
of such site 01 facility in accordance with any regulations of the agency, the  metro-
politan council and the county relating thereto.
   Subd. 5.  Each metropolitan county may also adopt ordinances governing  the
operation of soL;a waste disposal sites,or faol.ties ;n  the cour.Ty oy an> local govern-
ment unit or person. Such ordinances shall  be consistent with applicable regulations
adopted by the agency or the metropolitan council. Tne county may  prescribe  a
penalty for the violation of any such orainance not  exceeding the maximum which
may be specified for a misdemeanor. Any ordinance prescribing a penalty for viola-
tion shall be published at least once in the official nev/spaper of the county.
   Subd. 6.  J~ach metropolitan  county  may  accept  gifts,  may apply  for  and
accept grants or  loans of money or other  property  from the United States,  the
state, the metropolitan council, any local government nnir, or an> person,  for solid
waste disposal purposes, may enter into any agreement required in connection there-
with, and may hold, use, and dispose of such money or property in accordance with
the terms of the gift, grant, loan or agreement relating thereto.
   Subd. 7.  Each metropolitan county and  local government  ur.it may act under
the provisions of section 471J59 or any other appropriate lav.' providing  for joint or
cooperative action between government units,  to  accomplish any  purpose specified
insection 473D.01 to 473D.06.
   Subd. 8.  E'sch metropolitan county may ssli or lease any property rights, land,
buildings, structures or equipment previously used or acquired for solid waste  dis-
posal purposes.. Such property may be sola in the manner provided by section 458.196.
Fq?h metropolitan county may convey to or permit the use at any such  property
by a local government ur.it,  with or without compensation, without submitting  the
matter  to the voters  of the county. No property nghts or land, improved  or unim-
proved, acquired pursuant to this section, may  be disposed ol in any manner unless
and until the county shall have auomitteu to rhe metropolitan council for review  and
comment the terms on and the use for which the property will be disposed of.  The
council shall review and comment on uie proposed disposition within SO days after  it
has received the data relating  thereto from the county.
   Subd. 9.  AU moneys received  by any  metiopoUtan  county from  any  source
specified in sections 473D.01 to 473D.05 shall be paid  into the county treasury, placed
in a special fund designated  as the county  solid waste disposal lund, and used omy
for the purposes authorized in those sections, as appropriated  by the county board,
subject Co any lawful restrictions,  conditions, or pledges applicable thereto.
   L£9«9cS47.?5j
   473D.06  KATES  AND CHARGES,  On or before July 1,  1969, and thereafter
whenever appropriate, each  metropolitan county and local government  unit shail
submit to the metropolitan council a schedule of rates and charges in effect  or  pro-
                                    B-4

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47SD.07  METKOPOLfTAN  SOUS* WASTE

pO3*t3 for the us? of a;iy solid w-ist?" disposal site or fuiR't,1-  n\vne"j or operated by
or  on tfs behalf,  to^evhm- v. :;n a  s. a:em&:it  ot t!i.- h isu; ivr  vufh  oharf?s"3. Each
county or local government urif ~sili us;?  t;v  seheri'jif v   a:<"3  av.U ''haiT,^ ajjv
mitted f;y it until it submits to the i-r>cnri; a .-ii/foic-j,:  :u •-,«ri-Jii.-. £;ch person vy;u,-
has applied  to the agency for a penr:.;* tc cu:nrrt>iui;e cr cORt".'  o trs? onorsiion c7 a
solid waste aisrosal site or facility 5" the metre-poll ;r,n ar~v • -.*«'.;i also stbrmt to thi»
metropolitan council a schedule o^"  ta'.-s. aria  charge?. i» !••>?>,*;  c.r  proposed i/.r the
use o£ the solid waste d'spo.'-al sitj or facility,  r:.'d si'-ali : otuy tnft council oi any
changes therein \vithi/j ; 7:! days a f t.-r -UCTI cha"^c J3 pi/.'c ra v; <"r£ pjr.
             POJLLUTIOIV
Subdivision 1,  The poiiuiion ccifroi  agency, to  .iba^  or or^ic-nt pollution cf air
and waters of the state in me mforopaluan art-a, shall ••f.ioT-t  roguJsiionr; relalirig
to the location and opei-a!c3 A^s'l f'.cilii.cs ir the m--tr;;
politan  area.  In  adcp^in^ such ••" ru'a'.ior'--  rn?  ''^rn.-:/  ^".^i1  consi'"'.'.'r  <'spo"u.""b!'_
air arid water  pollution siar.Jaid,  lord ano  u-^ter  i.s:  r.o/  iMnv.nors,  ^ct.j"uphy,
topograohj, natural  tirsir.ag'?,  prevjjil;r.t  v-eathf  ac"5>:isi-
ton and operation of siich site? an-r tatiJHics, anc any otr.or  la-:.-toru it rr,&y  hs.i] contnu* operation or.  or
after January 1, 1970, if any solir* t-ra^te d)s:?is;i Kite c»  t;.;'iljiy; uiiJcso a T€finit. ti.r
the operation  thereof has  been is-aueo. by  th'-  agency , '-r  ^itiess trie ^ue cr far'iity
is aporoved for t*"rr;n.>rapy nn^r»rir»r: 1-'•» i««:c-i- prxr f.  th!;  iSMiiar^x-  ut z. >r-
mit"
   Subd. 3. The agency in&y prescril»e yfrtii.'. and p< v.nu c"t,pi>e-r..:on  forms, and
may request apphcaTs  to subnii In I'^itir.'? a1! i.itV.rfraur.fi dP>-.%:''ijd r"lev*ant by tl/e
agency. The agxwy, ;T  an> ^mpi-jy^f? or ?Tpn' thp.-*»c-^.  >-tr'; -'Ui,"orr/id by i>,  way
examinp any boo!-&, papers, records or  tr.prnorai-ulji  of  i,,t> ^puLca: i  (.•••• r'.oini.'R ro
ics solid waste dijpcsiji site  or laci/ity,  and rnfc,y  .'nte;  en v:\  jTcpfrty,  publsc nr
private, for the purpose of  obfii.itri^r  inforrr.aiion,  ^ovdact:;-.^  M-.rvpys  or rr.ak'.'sg
investigations rclat"»e to the jocaf:"n or ouMatror. <_ f r»  soliu ,',;al jites
and iaciJities by  .ir-y rn^tropo'itaii cfur*"', local govunrroj ' vi?t or  p;-!5on wfiere
the  operation  thers.if  is  cons-Lstetrt  nith ajplica!:.!^ ' -?£.;7i!?! ',•*•:•; cdop'cr!  hy  t!'*.
agency'  pursuant to .subdivision t,  niwvided f'iar.  i?s>ifn  'or ;h«
operation of a solid \va;»le disposal •site  or fa.rility f" <  & rn^'or-ohtan art a wrJfh
is not in acooraan^1 vjth nic me'iorjoUtan cou'-.cU's coni;-rc!>en'/>-e ;.-\in  ]7ie metrr>-
politar  council «;hai,'  detcrmirp whc;ner a _M-rrr.it ir :'a  riuur'it.itx  'v.th its  ?<>ri-
prehensivp plan,  for  this  purpose  tnp apcr.c^  sh:.li  .":-nil a  co;\v uf ejeh pera?l.~
appJjcaticrt  a.id  a.'iy  5upuor*n?  irjior/natio.-i  furn-shc-i  fr.- thf  apr-Uca-ii t^>  ft*-
metropolitan councn  witrin  15  od1;"^ after rcc«:.pt ci"  'S-?  iijplii.'atir:!  .Tid  3»I cthei-
information requpsted from the aijt,!, ?t her: -'ne ptr;nr!-;ive
plan, if the council Joes not JSOTS ir-s rictermint'iion to *.;p :,genc'y within the 33 day
period, the permit shall  be dw-mfri To be in rtr-.'orugp.c? with the  c nauYfs romprc-r.en-
sive plan.
   Subd. 4.  Kegiilations adapted pursue. rrt to  .'•.•ubdivii-":'-  t may be ^KforcecJ by the
      y in the manner provided >r,

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APPENDIX C
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c +J                      SHORT FORM RESIDUAL WASTE QUESTIONNAIRE
O 4J
  (SI
         Legislation to be covered in interviews and Review of Laws.  Each of
         these must be addressed in our model law.  If NONE of the states or
         cities have a successful provision - we must DRAFT one for the report.
         •   Incentives of any kind - for going beyond minimum requirements
            of act
         •  Requi rement for areawide waste management
         •  Monitoring System Provisions
         •  Authority to issue or withold
            Permits
            Licenses
                •  To collect             •  To open land fill
                •  To transport           •  To operate land fill
                •  To deposit on land
         •  Sanctions for non-compliance
                •  Civil - damages - TRO
                •  Criminal - fines - jail?
         •  Re:  Organizational form of implementing agency
                •  Name of agency(s)
         •  Number of agencies sharing some part of responsibility
                •  All responsibility merges
         Not applicable  •  A Governor's Office
         to city or      •  1 level below Gov. Office
         county ords.    •  2 levels  "    "     "
                         •  3 levels  	
         •  Organization has authority to and does provide:
                •  Planning and management statewide
                •  Consistent enforcement of the law
                   (Agency enforcing 	)
                •  $/Effective programs for alternative:
                         •  Selector 	
                         •  Operator 	
                            Financing of sol id
                            waste operations
                            For due process - notice and an
                            opportunity to be heard 	
            No. of people in state office (and recent trends) dedicated
            to implementing total program? 	
            S.W. People:  Population of state = ratio =
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  c
  -
  u
                       -2-
Does the statute (ordinance) or the regulations
or policy statement provide for:
•  Site selection procedure, what does it say:
•  Public education 	
•  Public health
               Transportation of solid waste 	
                   "     several classes of waste 	
               Reuse/recovery incentive 	
               Waste  reduction program
                    •  Oregon type container deposit
               Washington type disposal tax 	
                    • Auto abandonment fee/fine
           Characteristics of permit system
                       Requirements for  issuance
                       Severabi1ity?  	
                       Duration
                       Amendabi1i ty
                       Renewabi1i ty
                       Revocabi1i ty
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                     RESIDUAL WASTE QUESTIONNAIRE


OBJECTIVE:  To obtain data with which to judge the effectiveness of
            Residual  Waste Legislation

1. a)  Has there been an increase for expenditures for support and
       implementation of current residual  waste programs to meet
       federal water quality standards over that of prior programs?
   b)  Is it costing more or less to handle waste loads under the
       new legislation?
   c)  Is the data available which shows the cost per ton before and
       after the new law?
            Before:
            After:

2. a)  How many impervious bottom sites or other "safe" disposal sites
       are presently available for use?

   b)  Is there data available which shows the increased or decreased
       tonnage being deposited into these areas?
       (Express comparison in tons/year or as a percentage)

   c)  Is the increased tonnage a direct result of segregating and
       directing residual waste which must be disposed of In these
       sites for best environmentally safe disposal?

3.     Can you identify any resulting new products or new uses of
       residual waste material which have been developed through
       recycling or reuse programs?
k.     Is it possible to provide data showing what tonnage of waste was
       attributed to licensed carriers under prior requirements, compared
       to tonnage transported by qualified carriers  under current criteria?
       Is this tonnage data helpful to you in planning future site needs?
       In knowing what is going into the land fills?
5. a)  Do you monitor leachates and run off from disposal sites?  (is there
       data available to show the frequency of the monitoring, i.e., routinely,
       when a water quality problem is suspected).
   b)  Have the requirements promulgated by the current legislation caused
       a reduction in the amount of residual wastes re-entering an area's
       ground water or surface water once it has been deposited upon the
       land?
   c)  Is there any solid statistical evidence of a change?

6. a)  What sanctions are provided for enforcing compliance with the
       current legislation?  (e.g., administrative hearings,, civil and
       criminal sui ts).
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 6. b)  Do you have available data which shows the yearly frequency with
        which enforcement actions are used?

    c)  Has the number of actions instituted increased significantly
        under the new law?

    d)  With respect to the penalties provision do thev achieve the
        desired resu'!t(s)?

    e)  What percentage of enforcement actions result in agreements to
        comply, fines, penalties and/or sanctions?

 7. a)  What, is the policy for employing the various sanctions incorporated
        within the. current legislation for enforcement"'  (Use 01" conferences
        or warnings before imposition of more stringe^': sanctions).

    b)  What strength has the current legislation a'ldt ; •••> the force and
        effect of "warnings'"?

    c)  Can you compare the number of repeat violators under prior legis-
        lation with the number of repeaters under current legislation?
        (any change at al1 ?)

    d"i  Has the provision for stringent penalties ?i,«.s $10,900/day when
        in violation) caused a significant reduce for* in the number of
        repeat violators?

 8. a/  What incentives have been used or are contemplated for ube to
        encourage industry to process, recycles o1" r.j.-jse residual waste
        materials?  (e.g., Tax abatement up to ccsl". of pre-processing equipment),

        Other?

    b)  Have these incentives reduced or increased (measurably) the
        residual  waste load on landfills?

 9.     Are. new ioca! or state iaws needed to encourage reuse or recycling,
        and 1f so, what provisions would be most effective?  e.g., Lower
        freight rates for secondary materials.

10.     What major or minor revisions are to be made to the initial legislation
        or to the implementation of the specific legislation?

11. a)  !s there a state body which will/can provide technical inputs for
        area residual waste plant?

    b)  Is this assistance contributing sigriificantly to Lhe solution of
        the residua!  waste problem?  (Can you identify specific benefits,
        e.g.,  reduction of waste loads on waters and/or landfills?
12.     Are there sections of the residua!  waste legislation which significantly
        detract  from the authority and strength of the agency established
        to implement the residual waste program?

13.     How comprehensive are the legislative previsions identifying and
        regulating HA_^252y!J^!§.?

    a)  Are these suostanca.s  regulated by a separate authority'1
        Wo-jld  ? single authority be more effective?

1'i.     What criteria do you  or would you use to measure the effectiveness
        of New Residual  Waste Legislation?
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15.      Do the county  or  local  agendas ha^s any  serious constrain'.? on
        their use  of 'Vv ner.t domain" tc condemn  and acquire, sites  suit-
        able for an  impervious  bot»om laud  fiii?   What type of legis-
        lation or  policy  statement 's needed to strengthen your power
        ;'T this; ares?   (it" ! L is important  to  vru) .

lo.      Minnesota  anJ  'ilinois  hava law that pre-empts local zoning
        iiuthority  in  inciting (siting) new  landfills.
    'i]  Dos-..  /our  -it-itt,  havjr stat.-    1-  provision tr  fensure  <2  continued decrease, of
        automobile  ab:'.>: v.-.inf?  (e.g., tax on au*'o saies imposed  to
        create a fund    ,••:  itlss, fines).
    D)  ! r. there any  pf1, ia:on made For |>enr:i '.t I ng motor vehicle bodies  to
        be used benef ic '.xl !•-• in "land fills?   (e.g., land reel ariat ion,
        ?.ro'i i en coot ro) /
18.      The concept of  t'es/ervje container deposit!; as a control mechanism
        has been frnpir.rr:>'i*.ei; in Or 6900.

    3)  Do«s  your  state,  f^rvz^e this !:tax'' as a  viable alternative?
    b)  What   amoi'Tt wc'i.ld be  ijr.cep^.able to your  constituency?   (e.
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          APPENDIX D -  FEDERAL LAWS  AND REGULATIONS
     The following is a list of federal laws and regulations that
deal directly or indirectly with residual wastes.  The 208 planner
may find some or alj  of the following laws or regulations useful
or informative in dealing with residual waste problems in his
area,
     1.   33 U.S.C. (United States Codes) §-(Section) 1151 et.  seq.
          Federal Water Pollution Control Act Amendments of 1972.
          This act authorizes 208 planning grants and mandates
          consideration of residual wastes in areawide planning.
          It; is the act which gave authority for the following
          regalations„
          (a;  40 C.F.R. (Code of Federal Regulations) part 35
               ''Grants to Designated Areawide Waste Treatment
               Management Planning Agencies and to State
               Agencies",  This regulation outlines grant con-
               ditions, procedures, plan content and approval.
          (b)  40 C.F.R. Part '126 "Areawide Waste Treatment
               Management Planning and Responsible Planning
               Agencies".  This regulation sets criteria for
               establishing 203 areas and procedures for desig-
               nation as a 208 area.
          (c)  40 C.F.R. Part 40.  This regulation sets procedures
               and requirements for obtaining research and demon-
               stration grants for waste recycling or reuse.
          (d;  40 C.F.R. Part. 45.  This regu.'ation sets procedures
               for obtaining' grants for education of personnel
               on waste treatment, disposal, reuse ere.
          (e)  40 C.F.R. Part 110 "Discharge of Oil'-',  This
               regulates oil spills or discharges onto lands
               contiguous to navigable waters.
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(f)  40 C.F.R. Part 1510 "National Oil and Hazardous
     Substance Pollution Contingency Plan".  This
     provides regulations governing a federal plan to
     clean up spills of substances that present a threat
     to navigable waters,
42 U.S.C. §3251 et. seq. Solid Waste? Disposal Act. of
1965 (as amended by the Resource Recovery Act of 1970).
This act provides federal assistance fcr :-,ol id waste
planning and management and is the sutb.oritv for the
following regulation.
     40 C,F.R. Part 243 "Storage and Collection of
     Residual, Commercial and Institutional Solid
     Wastes".  This regulation sets requirements for
     waste handling by  federal agencies ana is a
     recommendation  for state ar.o local activities in
     solid waste management,
86 Statutes Federal Insecticide, Fungicide arid
Rodenticide Act of 1972.  This act was designed to
control the dangers to health and environment pre-
sented by the above pesticides and is the authority
for the following regulation.
     40 C.F.R. Part 165 "Regulations for t.'/io Acceptance
     of Certain Pesticides and Recommend Procedures
     for the Disposal and Storage of Pesticides and.
     Pesticide Containers".
42 U.S.C. &1857 et. seq. "Clean Air Aor" ,  This lav
gives authority for the following regulation,
     40 C.F.R. §§60.50-60.54 (Subpart E) "Standards
     for Performance of Incinerators".  This regulation
     would impact incineration of residual wastes,
The following regulations were issued under various
laws authorizing regulations by the Department of
Transportation and  the  Interstate Commerce Ccnimission.
(a)  49 C.F.R. Parts 170-179,  These regulations deal
     with transportation of "Hazardous" materials in
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     interstate commerce and would impact transportation
     of most hazardous wastes.
(b)  49 C.F.R. Part 1062 "Special Regulation For For-Hire
     Motor Carriers Engaged in the Transportation for
     Recycling or Reuse of Waste Products in Furtherance
     of Recognized Pollution Control Programs".
The following regulation was authorized by a law relat-
ing to the Department of Agriculture (7 U.S.C. §1989).
     7 C.F.R. Part 1823 "Association Loans and Grants -
     Community Facilities, Development, Conservation,
     Utilization".  This regulation sets guides for
     obtaining federal loans (through Farmers Home
     Administration) to rural areas, for among other
     things, solid waste disposal facilities.
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