1. (a) Regional plans. A regional plan identifies the problems, goals, objectives, and recommended actions for solid waste management over a long-range period for the entire planning region.

   1. (1) Geographic scope. The geographic scope of the regional planning process shall be the entire planning region designated by the governor. The regional plan shall use the four types of planning units listed in subparagraphs (A) - (D) of this paragraph as appropriate for the information presented. It is not anticipated that the regional plan will present site-specific information:

      1. (A) small geographic areas such as census tracts or city boundaries for the most detailed data collection and manipulation;
      2. (B) planning areas to be used for the assessment of problems and the evaluation of alternatives. These planning areas shall be aggregations of small geographic areas;
      3. (C) county boundaries for the summarization and presentation of key information;
      4. (D) the entire planning region.

   2. (2) Planning periods. The regional planning process shall address solid waste management over a long-range period. Long range is considered to be a period of at least 20 years. The maximum planning period addressed by the plan shall be stated on the plan cover and title page and at other appropriate locations within the body of the plan. The regional plan shall use the four planning periods listed in subparagraphs (A) - (D) of this paragraph as appropriate for the information presented:

      1. (A) current and historical information;
      2. (B) short-range planning period, one to five years, with specific information presented by year;
      3. (C) intermediate planning period, six to 10 years, with information in less detail; or
      4. (D) long-range planning period, 11 to 20 years or longer, with information in the least detail.

   3. (3) Plan content. A regional plan shall be the result of a planning process related to the proper management of solid waste in the planning region. The process shall include identification of problems and collection and evaluation of the data necessary to provide a written public statement of goals and objectives and actions recommended to accomplish those goals and objectives. The regional plan shall include:

      1. (A) population patterns, commercial and industrial data, and other demographic information necessary to estimate solid waste quantities and characteristics;
      2. (B) estimates of current and future solid waste amounts by type;
      3. (C) description of current and planned solid waste management activities in the region;
      4. (D) description and assessment of the adequacy of existing resource recovery, storage, transportation, treatment, and disposal facilities and practices, and programs for the collection and disposal of household hazardous wastes;
      5. (E) assessment of current source reduction and waste minimization efforts, including sludge, and efforts to reuse or recycle waste;
      6. (F) identification of additional opportunities for source reduction and waste minimization, and reuse or recycling of waste;
      7. (G) recommendations for encouraging and achieving a greater degree of source reduction and waste minimization, and reuse or recycling of waste;
      8. (H) identification of public and private management agencies and responsibilities;
      9. (I) identification of solid waste management problems and establishment of priorities for addressing those problems;
      10. (J) planning areas and agencies with common solid waste management problems which could be addressed through joint action;
      11. (K) identification of incentives and barriers for source reduction and waste minimization, and resource recovery, including identification of potential markets;
      12. (L) regional goals and objectives, including waste reduction goals consistent with state goals;
      13. (M) advantages and disadvantages of alternative actions;
      14. (N) the recommended plan of action and associated timetable for achieving regional goals and objectives, including: waste reduction; composting programs for yard wastes and related organic wastes; household hazardous waste collection and disposal programs; public education programs; and the need for new or expanded facilities and practices; and
      15. (O) an inventory of closed municipal solid waste landfill units located within the planning region. The inventories shall include the exact boundaries of each former landfill unit or, if the exact boundaries are not known, the best approximation of each unit's boundaries. For each landfill unit for which the exact boundaries are not known, the inventories shall include a map showing the approximate boundaries of the former landfill unit. To the maximum extent practicable, such inventories shall list the current owners of the land on which the former landfill units were located and the current use of the land.
   4. (4) Special considerations or restrictions. The regional plan shall not prohibit, in fact or by effect, importation or exportation of waste from one political jurisdiction into another.

2. (b) Local plans. A local plan addresses specific short and long-range problems and actions related to solid waste management within the jurisdiction of one or more local governments and may be developed regardless of whether a regional plan has been developed which will affect the local planning area.

   1. (1) Geographic scope. The geographic scope of the local planning process shall be the jurisdiction of one or more local governments with common problems or needs, but shall not include the entire planning region. The local plan shall use the three types of planning units listed in subparagraphs (A) - (C) in this paragraph as appropriate for the information presented. In certain cases the local plan may present site-specific information:

      1. (A) small geographic areas such as census tracts or city boundaries for the most detailed data collection and manipulation. These small areas should be the same as those used in the regional plan;
      2. (B) planning areas to be used for the assessment of problems and the evaluation of alternatives. These planning areas should be aggregations of the small geographic areas;
      3. (C) the entire area encompassed by the local plan.

   2. (2) Planning periods. The local planning process shall address specific short and long-range problems and actions in solid waste management. The maximum planning period addressed by the plan shall be stated on the plan cover and title page and at other appropriate locations within the body of the plan. The local plan should use the planning periods listed in subparagraphs (A) - (D) of this paragraph as appropriate for the information presented:

      1. (A) current and historical information;
      2. (B) short-range planning period, one to five years, with specific information presented by year;
      3. (C) intermediate planning period, six to 10 years, with information in less detail; or
      4. (D) long-range planning period, 11 to 20 years or longer.

   3. (3) Plan content. A local plan shall be the result of a planning process that is related to the proper management of solid waste in the local planning area. The process shall include identification of problems and collection and evaluation of the data necessary to provide a written public statement of goals and objectives and the actions recommended to accomplish those goals and objectives. The local plan shall include:

      1. (A) population and commercial and industrial data from the regional planning process, supplemented with other local demographic information as necessary;
      2. (B) composition, characteristics, and amounts of waste, by type, which affect the local planning area;
      3. (C) description of current and planned solid waste management activities in the local planning area;
      4. (D) description and assessment of the adequacy of existing resource recovery, storage, transportation, treatment, and disposal facilities and practices, including programs for the collection and disposal of household hazardous wastes;
      5. (E) identification of the short and long-range solid waste management problems within the local planning area;
      6. (F) assessment of current source reduction and waste minimization efforts for solid waste, including sludge, and efforts to reuse or recycle waste;
      7. (G) identification of additional opportunities for source reduction and waste minimization, and reuse or recycling of waste;
      8. (H) recommendations for encouraging and achieving a greater degree of source reduction and waste minimization, and reuse or recycling of waste;
      9. (I) local goals and objectives associated with management problems, including waste reduction goals consistent with state and regional goals;
      10. (J) advantages and disadvantages of alternative actions;
      11. (K) the recommended plan of action and associated timetable for accomplishing the goals and objectives, including: waste reduction; composting programs for yard wastes and related organic wastes; household hazardous waste collection programs; public education programs; and the need for new or expanded facilities or practices; and
      12. (L) an inventory of closed municipal solid waste landfill units located within the local planning area. The inventories shall include the exact boundaries of each former landfill unit or, if the exact boundaries are not known, the best approximation of each unit's boundaries. For each landfill unit for which the exact boundaries are not known, the inventories shall include a map showing the approximate boundaries of the former landfill unit. To the maximum extent practicable, such inventories shall list the current owners of the land on which the former landfill units were located and the current use of the land. For this requirement, local plans may substitute the applicable parts of the regional inventory required under subsection (a)(3)(O) of this section. This requirement does not apply until a regional inventory is incorporated into the applicable regional plan(s) and approved by the commissioners.
   4. (4) Special considerations or restrictions. The local plan shall not prohibit, in fact or by effect, importation or exportation of waste from one political jurisdiction to another.

Source Note:The provisions of this §330.563 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; amended to be effective August 2, 2000, 25 TexReg 7177.