§6939b — Title 42 The Public Health and Welfare | U.S. Code

Summary

Hazardous waste must not be injected underground into, or above, any rock or sand layer that has a source of drinking water within one-quarter mile of the injection well. An exception allows putting contaminated groundwater back into the same aquifer if it is part of a cleanup under sections 9604 or 9606 or required corrective action, the water is treated first to remove most hazardous stuff, and the cleanup will protect people and the environment when finished. States or the EPA can enforce these bans under the Safe Drinking Water Act (title XIV of the Public Health Service Act) when they have matching rules and primary enforcement responsibility. Terms like “primary enforcement responsibility,” “underground source of drinking water,” “formation,” and “well” use the meanings in EPA’s Safe Drinking Water Act rules.

Title 42, §6939b

The Public Health and Welfare — Source: USLM XML via OLRC

(a)No hazardous waste may be disposed of by underground injection—

(1)into a formation which contains (within one-quarter mile of the well used for such underground injection) an underground source of drinking water; or

(2)above such a formation.

(b)Subsection (a) shall not apply to the injection of contaminated ground water into the aquifer from which it was withdrawn, if—

(1)such injection is—

(A)a response action taken under section 9604 or 9606 of this title, or

(B)part of corrective action required under this chapter 11 So in original. Probably should be followed by a comma.

(2)such contaminated ground water is treated to substantially reduce hazardous constituents prior to such injection; and

(3)such response action or corrective action will, upon completion, be sufficient to protect human health and the environment.

(c)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—

(1)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

(2)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.

(d)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.

Notes & Related Subsidiaries

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 section 6972 and 6973 of this title”.

§6939b Interim control of hazardous waste injection

Summary

Title 42, §6939b

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Enforcement

Enforcement

Citations & Metadata