
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6939b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
               SUBCHAPTER III--HAZARDOUS WASTE MANAGEMENT
 
Sec. 6939b. Interim control of hazardous waste injection


(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) of this section 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contaminated ground water into the aquifer from which it was withdrawn, 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 
        \1\
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    \1\ So in original. Probably should be followed by a comma.

    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) 
of this section 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.

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

                       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, Sec. 2(a), 88 Stat. 1660, as amended, known as the Safe Drinking 
Water Act, which is classified generally to subchapter XII (Sec. 300f et 
seq.) of chapter 6A of this title. Part C of the Act is classified 
generally to part C (Sec. 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, Sec. 201(c)(1), substituted 
``enforcement under the provisions of this chapter'' for ``enforcement 
under sections 6972 and 6973 of this title''.

                  Section Referred to in Other Sections

    This section is referred to in section 6924 of this title.
