
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6939e]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
               SUBCHAPTER III--HAZARDOUS WASTE MANAGEMENT
 
Sec. 6939e. Federally owned treatment works


(a) In general

    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--
        (1) 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;
        (2) 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;
        (3) 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
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    \1\ So in original. Probably should be singular.
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        (4) 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.

(b) Prohibition

    It is unlawful to introduce into a federally owned treatment works 
any pollutant that is a hazardous waste.

(c) Enforcement

    (1) 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.
    (2) 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.
    (3) Nothing in this subsection shall be construed to affect any 
other enforcement authorities available to the Administrator or a State 
under this subchapter.

(d) ``Federally owned treatment works'' defined

    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.

(e) Savings clause

    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.

(Pub. L. 89-272, title II, Sec. 3023, as added Pub. L. 102-386, title I, 
Sec. 108(a), Oct. 6, 1992, 106 Stat. 1514.)
