§ 6939b. Interim control of hazardous waste injection

Statutory text

Underground source of drinking water

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.].

Actions under Comprehensive Environmental Response, Compensation, and Liability Act

Subsection (a) shall not apply to the injection of contaminated ground water into the aquifer from which it was withdrawn, if—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.

Enforcement

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.

Definitions

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.

Footnotes

1 So in original. Probably should be followed by a comma.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1984
Pub. L. 89–272 title II § 3020 · 79 Stat. 992
Enacted · 42 U.S.C. § 6939b
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
Source evidence
Code 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
1986
Pub. L. 99–339 § 201(c)(1) · 100 Stat. 642
Substituted · 42 U.S.C. § 6939b(c)
Pub. L. 99–339, § 201(c)(1), substituted “enforcement under the provisions of this chapter” for “enforcement under sections 6972 and 6973 of this title”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 99–339, § 201(c)(1), substituted “enforcement under the provisions of this chapter” for “enforcement under sections 6972 and 6973 of this title”.
Enacted provision · exact public law section
SEC. 201. RESTRICTIONS ON UNDERGROUND INJECTION OF HAZARDOUS WASTE AND REGULATION OF STATE PROGRAMS. (a) Natural Gas Storage.— Section 1421(b)(2)(A), section 1422(c)(1), and section 1425(a)(1) of the Safe Drinking Water Act are 42 USC 300h, 300h-1, 300h-4. each amended by inserting “or natural gas storage operations” after “production”. (b) Monitoring of Injection Wells.— Part C of the Safe Drinking Water Act is amended by adding the following new section at the end thereof: “SEC. 1426. REGULATION OF STATE PROGRAMS. “(a) Monitoring Methods.— Not later than 18 months after enactment of the Safe Drinking Water Act Amendments of 1986, the Administrator shall modify regulations issued under this Act for Class I injection wells to identify monitoring methods, in addition to those in effect on November 1, 1985, including groundwater monitoring. In accordance with such regulations, the Administrator, or Health and medical care. Environmental protection. delegated State authority, shall determine the applicability of such monitoring methods, wherever appropriate, at locations and in such a manner as to provide the earliest possible detection of fluid migration into, or in the direction of, underground sources of drinking water from such wells, based on its assessment of the potential for fluid migration from the injection zone that may be harmful to human health or the environment. For purposes of this subsection, a class I injection well is defined in accordance with 40 CFR 146.05 as in effect on November 1, 1985. “(b) Report.— The Administrator shall submit a report to Congress, State and local governments. no later than September 1987, summarizing the results of State surveys required by the Administrator under this section. The report shall include each of the following items of information: “(1) The numbers and categories of class V wells which discharge nonhazardous waste into or above an underground source of drinking water. “(2) The primary contamination problems associated with different categories of these disposal wells. “(3) Recommendations for minimum design, construction, installation, and siting requirements that should be applied to protect underground sources of drinking water from such contamination wherever necessary.”. (c) Section 7010.— (1) Section 7010(c) of the Solid Waste Disposal Act is amended by striking “sections 7002 and 7003 of this Act” and 42 USC 6979a, 6972, 6973. inserting in lieu thereof “the provisions of this Act”. (2) Section 7010 of the Solid Waste Disposal Act is renumbered as 42 USC 6979b. 42 USC 6939a. 42 USC 6979a. section 3020 and inserted after section 3019 of such Act. Section 7012 of such Act is renumbered as section 7010. The item relating to section 7010 in the table of contents for such Act is renumbered as section 3020 and inserted after the item relating to section 3019. The item relating to section 7012 in the table of contents for such Act is renumbered as section 7010. Such table of contents is further amended by inserting after section 3015 the following new item: “Sec. 3016. Inventory of Federal Agency hazardous waste facilities.”.

1 of 2 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

Title XIV of the Public Health Service Act, referred to in subsec. (d), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, known as the Safe Drinking Water Act, which is classified generally to subchapter XII (§ 300f et seq.) of chapter 6A of this title. Part C of the Act is classified generally to part C (§ 300h et seq.) of subchapter XII of chapter 6A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables.

Codification

Section was formerly classified to section 6979a of this title, prior to renumbering by Pub. L. 99–339.

Amendments

1986—Subsec. (c). Pub. L. 99–339, § 201(c)(1), substituted “enforcement under the provisions of this chapter” for “enforcement under sections 6972 and 6973 of this title”.

Credits

1984–1986 · 2 acts

1984Pub. L. 89–272, title II, § 3020, formerly § 7010, as added Pub. L. 98–616, title IV, § 405(a), Nov. 8, 1984, 98 Stat. 3273
1986renumbered § 3020, and amended Pub. L. 99–339, title II, § 201(c), June 19, 1986, 100 Stat. 654.

Show as published

(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.)