Title 42, The Public Health and WelfareRelease 119-110

§6939b Interim Control of Hazardous Waste Injection

Title 42 › CHAPTER 82 — SOLID WASTE DISPOSAL › SUBCHAPTER III — HAZARDOUS WASTE MANAGEMENT › § 6939b

Last updated Sep 23, 2026|Official source

Summary

Stops putting hazardous waste underground by injection into a rock layer that holds drinking water within one-quarter mile of the injection well, or by injecting waste above that layer. The ban began six months after November 8, 1984, unless a State already had the same or tougher rules under the Safe Drinking Water Act before that date. It does not block pumping contaminated groundwater and returning it to the same aquifer when that is part of a cleanup under sections 9604 or 9606 of the Comprehensive Environmental Response, Compensation, and Liability Act or part of required corrective action, so long as the water is treated to greatly reduce hazardous parts and the cleanup will protect people and the environment when finished. The ban can also be enforced under the Safe Drinking Water Act in States that have adopted equal or stricter bans and taken primary enforcement responsibility, or where the Administrator has done so and is enforcing them. Primary enforcement responsibility — who runs SDWA enforcement. Underground source of drinking water — an aquifer used for drinking water. Formation — the rock or soil layer where injection happens. Well — the hole used to inject or withdraw fluids. Safe Drinking Water Act means title XIV of the Public Health Service Act.

Full Legal Text

Title 42, §6939b

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

(a)Underground source of drinking water
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.
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.].
(b)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Subsection (a) shall not apply to the injection of contaminated ground water into the aquifer from which it was withdrawn, if—
(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
intended to clean up such contamination;
(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)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—
(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)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.

Legislative History

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”.

Reference

Citations & Metadata

Citation

42 U.S.C. § 6939b

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110