42 U.S.C. § 6939b — Interim control of hazardous waste injection
submitted 42 years ago by Pub. L. 89-272 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 366 words · no verdicts yet
The section prohibits underground injection of hazardous waste into or above formations containing an underground drinking-water source, subject to a cleanup exception. It also makes the prohibition enforceable under the Safe Drinking Water Act in specified States and adopts that Act’s definitions.
(a) Underground source of drinking water. Hazardous waste* may not be disposed of by underground injection (1) into a formation containing, within one-quarter mile of the injection well, an underground source of drinking water, or (2) above such a formation. The prohibitions take effect six months after November 8, 1984, except in a State* that already had identical or stricter prohibitions under the Safe Drinking Water Act.
(b) CERCLA actions. Subsection (a) does not apply when contaminated groundwater is injected back into the aquifer from which it was withdrawn if (1) the injection is (A) a response action under section 9604 or 9606 or (B) part of corrective action required under this chapter to clean the contamination; (2) the groundwater is treated beforehand to substantially reduce hazardous constituents; and (3) the completed action will sufficiently protect human health and the environment.
(c) Enforcement. In addition to enforcement under this chapter, paragraphs (1) and (2) of subsection (a) may be enforced under the Safe Drinking Water Act in a State that (1) adopted identical or stricter prohibitions under part C and has primary enforcement responsibility, or (2) where the Administrator* adopted such prohibitions and has primary enforcement responsibility.
(d) Definitions. “Primary enforcement responsibility,” “underground source of drinking water,” “formation,” and “well” have the meanings in the Administrator’s Safe Drinking Water Act regulations. “Safe Drinking Water Act” means title XIV of the Public Health Service Act. This section does not otherwise define the quoted terms.
No hazardous waste* may be disposed of by underground injection—
into a formation which contains (within one-quarter mile of the well used for such underground injection) an underground source of drinking water; or
above such a formation.
The prohibitions established under this section shall take effect 6 months after November 8, 1984, except in the case of any State* in which identical or more stringent prohibitions are in effect before such date under the Safe Drinking Water Act [42 U.S.C. 300f et seq.].
Subsection (a) shall not apply to the injection of contaminated ground water into the aquifer from which it was withdrawn, if—
such injection is—
a response action taken under section 9604 or 9606 of this title, or
part of corrective action required under this chapter 1
intended to clean up such contamination;
such contaminated ground water is treated to substantially reduce hazardous constituents prior to such injection; and
such response action or corrective action will, upon completion, be sufficient to protect human health and the environment.
In addition to enforcement under the provisions of this chapter, the prohibitions established under paragraphs (1) and (2) of subsection (a) shall be enforceable under the Safe Drinking Water Act [42 U.S.C. 300f et seq.] in any State—
which has adopted identical or more stringent prohibitions under part C of the Safe Drinking Water Act [42 U.S.C. 300h et seq.] and which has assumed primary enforcement responsibility under that Act for enforcement of such prohibitions; or
in which the Administrator* has adopted identical or more stringent prohibitions under the Safe Drinking Water Act [42 U.S.C. 300f et seq.] and is exercising primary enforcement responsibility under that Act for enforcement of such prohibitions.
The terms “primary enforcement responsibility”, “underground source of drinking water”, “formation” and “well” have the same meanings as provided in regulations of the Administrator under the Safe Drinking Water Act [42 U.S.C. 300f et seq.]. The term “Safe Drinking Water Act” means title XIV of the Public Health Service Act.
Source credit: (Pub. L. 89–272, title II, § 3020, formerly § 7010, as added Pub. L. 98–616, title IV, § 405(a), Nov. 8, 1984, 98 Stat. 3273; renumbered § 3020, and amended Pub. L. 99–339, title II, § 201(c), June 19, 1986, 100 Stat. 654.)
- 1984Enacted · Pub. L. 89-272 · 98 Stat. 3273
- 1986Amended · Pub. L. 99-339 · 100 Stat. 654
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-272 on 1984-11-08.
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