| (a) Regional solid waste management plans. A regional
plan identifies the overriding concerns, goals, objectives, and recommended
actions for solid waste management over a long-range period for the
entire planning region. The details to implement a regional plan are
provided in a Regional Solid Waste Management Implementation Plan
Guideline that is approved by the executive director. A Regional Solid
Waste Management Plan Implementation Guideline is a separate document.
The requirements for the guidance document are found in §330.643
of this title (relating to Regional and Local Solid Waste Management
Implementation Plan Guideline Requirements).
(1) Geographic scope. The geographic scope of the regional
planning process shall be the entire planning region designated by
the governor.
(2) 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
overriding concerns 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:
(A) a statement of regional goals and objectives;
(B) a description and assessment of efforts to minimize,
reuse, and recycle waste, as follows:
(i) include a brief description and an assessment of
current efforts in the region to minimize municipal solid waste (MSW),
including sludge, and efforts to reuse or recycle waste;
(ii) establish a recycling rate goal appropriate to
the region;
(iii) list any recommendations for encouraging and
achieving a greater degree of waste minimization and waste reuse or
recycling in the geographic area covered by the plan;
(iv) include a description and assessment of existing
or proposed community programs for the collection of household hazardous
waste;
(v) recommend composting programs for yard waste and
related organic wastes that may include:
(I) creation and use of community composting centers;
(II) adoption of the "Don't Bag It" program for lawn
clippings developed by the Texas Agricultural Extension Service; and
(III) development and promotion of education programs
on home composting, community composting, and the separation of yard
waste for use as mulch; and
(vi) include a public education/outreach component
in the solid waste program; and
(C) a commitment to the following, regarding the management
of MSW facilities:
(i) encouraging cooperative efforts between local governments
in the siting of landfills for the disposal of solid waste;
(ii) assessing the need for new waste disposal capacity;
(iii) considering 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;
(iv) allowing 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;
(v) completing and maintaining an inventory of MSW
landfill units in accordance with Texas Health and Safety Code, §363.064(10).
One copy of the inventory shall be provided to the commission and
to the chief planning official of each municipality and county in
which a unit is located; and
(vi) developing a guidance document to review MSW registration
and permit applications to determine conformance with the goals and
objectives outlined in Volume II: Regional Solid Waste Management
Plan Implementation Guidelines as referenced in §330.643 of this
title.
(b) Local plans. A local plan addresses overriding
short and long-range concerns 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
that will affect the local planning area. The details to implement
a local plan are provided in a Regional Solid Waste Management Implementation
Plan Guideline that is approved by the executive director. A Regional
Solid Waste Management Plan Implementation Guideline is a separate
document. The requirements for the guidance document are found in §330.643
of this title.
(1) Geographic scope. The geographic scope of the local
planning process shall be the jurisdiction of one or more local governments
with common concerns or needs, but shall not include the entire planning
region.
(2) 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 concerns 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:
(A) a statement of local goals and objectives;
(B) a description and assessment of efforts to minimize,
reuse, and recycle waste, as follows:
(i) include a brief description and an assessment of
current efforts in the region to minimize MSW, including sludge, and
efforts to reuse or recycle waste;
(ii) establish a recycling rate goal appropriate to
the region;
(iii) list any recommendations for encouraging and
achieving a greater degree of waste minimization and waste reuse or
recycling in the geographic area covered by the plan;
(iv) include a description and assessment of existing
or proposed community programs for the collection of household hazardous
waste;
(v) recommend composting programs for yard waste and
related organic wastes that may include:
(I) creation and use of community composting centers;
(II) adoption of the "Don't Bag It" program for lawn
clippings developed by the Texas Agricultural Extension Service; and
(III) development and promotion of education programs
on home composting, community composting, and the separation of yard
waste for use as mulch; and
(vi) include a public education/outreach component
in the solid waste program; and
(C) commitment to the following, regarding the management
of MSW facilities:
(i) encouraging cooperative efforts between local governments
in the siting of landfills for the disposal of solid waste;
(ii) assessing the need for new waste disposal capacity;
(iii) considering 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
(iv) allowing 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.
(3) 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.
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