42 U.S.C. § 6939e — Federally owned treatment works
submitted 34 years ago by Pub. L. 89-272 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 537 words · no verdicts yet
This section sets conditions under which certain material sent to a federally owned treatment works is treated as excluded from the definition of solid waste. It prohibits sending hazardous waste pollutants there and sets enforcement rules.
(a) In general. For section 6903(27), the phrase "but does not include solid or dissolved material in domestic sewage" applies to solid or dissolved material that a source sends into a federally owned treatment* works if: (1) the material is covered by a pretreatment standard under section 1317 of title 33 and the source follows that standard; (2) if no such standard has been issued, the Administrator* has set a schedule for issuing one no later than 7 years after October 6, 1992, the standard is issued by the scheduled date, and the source follows it after it takes effect; (3) the material is not covered by (1) or (2) and is not barred from land disposal* under section 6924(d), (e), (f), or (g) because it was treated as section 6924(m) requires; or (4) despite (1), (2), or (3), the material is generated by a household or by a person* generating under 100 kilograms of hazardous waste* per month, unless it would otherwise be acutely hazardous waste subject to this chapter regardless of the amount generated. (b) Prohibition. It is unlawful to introduce into a federally owned treatment works any pollutant that is hazardous waste. (c) Enforcement. (1) Enforcing this section does not require closing a treatment works if the hazardous waste is removed or decontaminated and the Administrator, or an authorized State*, decides that the removal or decontamination adequately protects human health and the environment. (2) This does not stop the Administrator or an authorized State from ordering closure when closure is necessary to protect human health and the environment. (3) This does not affect any other enforcement power available under this subchapter. (d) "Federally owned treatment works" defined. This means a facility owned and operated by a Federal department, agency, or instrumentality that treats wastewater, most of which is domestic sewage, before discharge under a permit issued under section 1342 of title 33. (e) Savings clause. This section does not affect any agreement, permit, administrative order, or court order, or any condition or requirement in one, that existed on October 6, 1992 and required corrective action or closure at such a treatment works or a related solid-waste unit or facility.
For purposes of section 6903(27) of this title, the phrase “but does not include solid or dissolved material in domestic sewage” shall apply to any solid or dissolved material introduced by a source into a federally owned treatment* works if—
such solid or dissolved material is subject to a pretreatment standard under section 1317 of title 33, and the source is in compliance with such standard;
for a solid or dissolved material for which a pretreatment standard has not been promulgated pursuant to section 1317 of title 33, the Administrator* has promulgated a schedule for establishing such a pretreatment standard which would be applicable to such solid or dissolved material not later than 7 years after October 6, 1992, such standard is promulgated on or before the date established in the schedule, and after the effective date of such standard the source is in compliance with such standard;
such solid or dissolved material is not covered by paragraph (1) or (2) and is not prohibited from land disposal* under subsections 1 (d), (e), (f), or (g) of section 6924 of this title because such material has been treated in accordance with section 6924(m) of this title; or
notwithstanding paragraphs 1 (1), (2), or (3), such solid or dissolved material is generated by a household or person* which generates less than 100 kilograms of hazardous waste* per month unless such solid or dissolved material would otherwise be an acutely hazardous waste and subject to standards, regulations, or other requirements under this chapter notwithstanding the quantity generated.
It is unlawful to introduce into a federally owned treatment works any pollutant that is a hazardous waste.
Actions taken to enforce this section shall not require closure of a treatment works if the hazardous waste is removed or decontaminated and such removal or decontamination is adequate, in the discretion of the Administrator or, in the case of an authorized State*, of the State, to protect human health and the environment.
Nothing in this subsection shall be construed to prevent the Administrator or an authorized State from ordering the closure of a treatment works if the Administrator or State determines such closure is necessary for protection of human health and the environment.
Nothing in this subsection shall be construed to affect any other enforcement authorities available to the Administrator or a State under this subchapter.
For purposes of this section, the term “federally owned treatment works” means a facility that is owned and operated by a department, agency, or instrumentality of the Federal Government treating wastewater, a majority of which is domestic sewage, prior to discharge in accordance with a permit issued under section 1342 of title 33.
Nothing in this section shall be construed as affecting any agreement, permit, or administrative or judicial order, or any condition or requirement contained in such an agreement, permit, or order, that is in existence on October 6, 1992, and that requires corrective action or closure at a federally owned treatment works or solid waste management* unit or facility related to such a treatment works.
Source credit: (Pub. L. 89–272, title II, § 3023, as added Pub. L. 102–386, title I, § 108(a), Oct. 6, 1992, 106 Stat. 1514.)
- 1992Enacted · Pub. L. 89-272 · 106 Stat. 1514
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-272 on 1992-10-06.
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