1. (a) Purpose. The sections in this subchapter are intended to guide in the development and implementation of regional and local solid waste management plans. They specify the required and recommended content of regional and local solid waste management plans, provide for coordination with other programs and public participation, establish criteria for regional and local plan submission and approval, and set out criteria for financial assistance to regional and local governments for the development and implementation of regional and local solid waste management plans.

2. (b) Scope.

   1. (1) Planning process. A regional or local solid waste management plan shall be the result of a planning process related to proper management of solid waste in the planning area under consideration. The process shall include identification of problems and collection and evaluation of data necessary to provide a written public statement of goals and objectives and the actions recommended to accomplish those goals and objectives.
   2. (2) Geographic area. A regional solid waste management plan shall consider the entire area within an identified planning region and it shall provide an overview of the solid waste management situation throughout the region. A local solid waste management plan shall consider all of the area within the jurisdiction of one or more local governments, but it shall not include an entire planning region. It shall be more specific than a regional plan in addressing solid waste management problems and in providing for implementation.

   3. (3) Management activities. The regional plan shall provide an overview of solid waste management activities, including institutional arrangements and options for private sector involvement, with particular emphasis on identifying priorities and factors which need more detailed consideration at the local level. The local plan should address local activities, including contractual agreements, in a manner that is specific enough to provide for implementation of suggested courses of action. Aspects of solid waste management listed in subparagraphs (A)-(J) of this paragraph shall be considered, as appropriate:

      1. (A) collection;
      2. (B) transportation;
      3. (C) storage;
      4. (D) transfer;

      5. (E) resource conservation and recovery:

         1. (i) source reduction and waste minimization;
         2. (ii) reuse and recycling;
         3. (iii) source separation;
         4. (iv) volume reduction;
         5. (v) incineration;
         6. (vi) gasification; and
         7. (vii) methane recovery;
      6. (F) processing;
      7. (G) treatment;
      8. (H) disposal;
      9. (I) management and institutional arrangements, including public and private sector involvement; and
      10. (J) costs and financing.

   4. (4) Waste types.

      1. (A) The regional or local plan shall address all solid wastes in the particular region or local area to the extent the wastes impact upon municipal operations, systems, or facilities. Particular emphasis shall be placed on waste that possesses the potential for adverse effects to health or the environment or which provides the opportunity for resource conservation or recovery.

      2. (B) The regional or local plan shall consider, where appropriate, the types of solid waste listed in clauses (i)-(vii) of this subparagraph:

         1. (i) hazardous waste;
         2. (ii) residential, commercial, institutional, and recreational waste;
         3. (iii) waste from military reservations and installations;

         4. (iv) municipal sludge:

            1. (I) wastewater treatment plant sludge;
            2. (II) water supply treatment plant sludge;
            3. (III) septage and other vacuum truck waste; and
            4. (IV) grease and grit trap wastes;
         5. (v) industrial wastes;
         6. (vi) mining wastes; and
         7. (vii) agricultural wastes.

   5. (5) Management methods.

      1. (A) In regional and local plans, preference shall be given to the maximum extent economically and technologically feasible to the management methods for solid waste (except sludge) described in clauses (i)-(iv) of this subparagraph. The management methods are listed in descending order, from most preferred to least preferred:

         1. (i) source reduction and waste minimization;
         2. (ii) reuse or recycling of waste;
         3. (iii) treatment to destroy or reprocess the waste for the purpose of recovering energy or other beneficial resources in a manner that will not threaten public health, safety, or the environment; or
         4. (iv) land disposal.

      2. (B) In regional and local plans, preference shall be given to the maximum extent economically and technologically feasible to the management methods for municipal sludge, as described in clauses (i)-(vi) of this subparagraph. The management methods are listed in descending order, from most preferred to least preferred:

         1. (i) source reduction and minimization of sludge production and concentrations of heavy metals and other toxins in the sludge;
         2. (ii) treatment of sludge to reduce pathogens and recover energy, produce beneficial by-products, or reduce the quantity of the sludge;
         3. (iii) marketing and distribution of sludge and sludge products, if the marketing and distribution does not threaten public health, safety, or the environment;
         4. (iv) land application for beneficial use;
         5. (v) land treatment; or
         6. (vi) landfilling.

      3. (C) When landfilling is a recommended management method, regional and local plans must:

         1. (i) encourage cooperative efforts between local governments in the siting of landfills;
         2. (ii) consider the need to transport waste between municipalities, from a municipality to an area in the jurisdiction of a county, or between counties, particularly if a technically suitable site for a landfill does not exist in a particular area; and
         3. (iii) allow a local government to justify the need for a landfill in its jurisdiction to dispose of the solid waste generated in the jurisdiction of another local government that does not have a technically suitable site for a landfill in its jurisdiction.

Source Note:The provisions of this §330.561 adopted to be effective June 3, 1985, 10 TexReg 1623; amended to be effective May 10, 1988, 13 TexReg 2032; amended to be effective January 1, 1992, 16 TexReg 7350; transferred effective March 1, 1992, as published in the Texas Register, March 3, 1992, 17 TexReg 1649; amended to be effective February 26, 1996, 21 TexReg 1138.