42 U.S.C. § 6925 : US Code - Section 6925: Permits for treatment, storage, or disposal of hazardous waste

Search 42 U.S.C. § 6925 : US Code - Section 6925: Permits for treatment, storage, or disposal of hazardous waste

(a) Permit requirements
Not later than eighteen months after October 21, 1976, the
Administrator shall promulgate regulations requiring each person
owning or operating an existing facility or planning to construct a
new facility for the treatment, storage, or disposal of hazardous
waste identified or listed under this subchapter to have a permit
issued pursuant to this section. Such regulations shall take effect
on the date provided in section 6930 of this title and upon and
after such date the treatment, storage, or disposal of any such
hazardous waste and the construction of any new facility for the
treatment, storage, or disposal of any such hazardous waste is
prohibited except in accordance with such a permit. No permit shall
be required under this section in order to construct a facility if
such facility is constructed pursuant to an approval issued by the
Administrator under section 2605(e) of title 15 for the
incineration of polychlorinated biphenyls and any person owning or
operating such a facility may, at any time after operation or
construction of such facility has begun, file an application for a
permit pursuant to this section authorizing such facility to
incinerate hazardous waste identified or listed under this
subchapter.
(b) Requirements of permit application
Each application for a permit under this section shall contain
such information as may be required under regulations promulgated
by the Administrator, including information respecting -
(1) estimates with respect to the composition, quantities, and
concentrations of any hazardous waste identified or listed under
this subchapter, or combinations of any such hazardous waste and
any other solid waste, proposed to be disposed of, treated,
transported, or stored, and the time, frequency, or rate of which
such waste is proposed to be disposed of, treated, transported,
or stored; and
(2) the site at which such hazardous waste or the products of
treatment of such hazardous waste will be disposed of, treated,
transported to, or stored.
(c) Permit issuance
(1) Upon a determination by the Administrator (or a State, if
applicable), of compliance by a facility for which a permit is
applied for under this section with the requirements of this
section and section 6924 of this title, the Administrator (or the
State) shall issue a permit for such facilities. In the event
permit applicants propose modification of their facilities, or in
the event the Administrator (or the State) determines that
modifications are necessary to conform to the requirements under
this section and section 6924 of this title, the permit shall
specify the time allowed to complete the modifications.
(2)(A)(i) Not later than the date four years after November 8,
1984, in the case of each application under this subsection for a
permit for a land disposal facility which was submitted before such
date, the Administrator shall issue a final permit pursuant to such
application or issue a final denial of such application.
(ii) Not later than the date five years after November 8, 1984,
in the case of each application for a permit under this subsection
for an incinerator facility which was submitted before such date,
the Administrator shall issue a final permit pursuant to such
application or issue a final denial of such application.
(B) Not later than the date eight years after November 8, 1984,
in the case of each application for a permit under this subsection
for any facility (other than a facility referred to in subparagraph
(A)) which was submitted before such date, the Administrator shall
issue a final permit pursuant to such application or issue a final
denial of such application.
(C) The time periods specified in this paragraph shall also apply
in the case of any State which is administering an authorized
hazardous waste program under section 6926 of this title. Interim
status under subsection (e) of this section shall terminate for
each facility referred to in subparagraph (A)(ii) or (B) on the
expiration of the five- or eight-year period referred to in
subparagraph (A) or (B), whichever is applicable, unless the owner
or operator of the facility applies for a final determination
regarding the issuance of a permit under this subsection within -
(i) two years after November 8, 1984 (in the case of a facility
referred to in subparagraph (A)(ii)), or
(ii) four years after November 8, 1984 (in the case of a
facility referred to in subparagraph (B)).
(3) Any permit under this section shall be for a fixed term, not
to exceed 10 years in the case of any land disposal facility,
storage facility, or incinerator or other treatment facility. Each
permit for a land disposal facility shall be reviewed five years
after date of issuance or reissuance and shall be modified as
necessary to assure that the facility continues to comply with the
currently applicable requirements of this section and section 6924
of this title. Nothing in this subsection shall preclude the
Administrator from reviewing and modifying a permit at any time
during its term. Review of any application for a permit renewal
shall consider improvements in the state of control and measurement
technology as well as changes in applicable regulations. Each
permit issued under this section shall contain such terms and
conditions as the Administrator (or the State) determines necessary
to protect human health and the environment.
(d) Permit revocation
Upon a determination by the Administrator (or by a State, in the
case of a State having an authorized hazardous waste program under
section 6926 of this title) of noncompliance by a facility having a
permit under this chapter with the requirements of this section or
section 6924 of this title, the Administrator (or State, in the
case of a State having an authorized hazardous waste program under
section 6926 of this title) shall revoke such permit.
(e) Interim status
(1) Any person who -
(A) owns or operates a facility required to have a permit under
this section which facility -
(i) was in existence on November 19, 1980, or
(ii) is in existence on the effective date of statutory or
regulatory changes under this chapter that render the facility
subject to the requirement to have a permit under this section,
(B) has complied with the requirements of section 6930(a) of
this title, and
(C) has made an application for a permit under this section,
shall be treated as having been issued such permit until such time
as final administrative disposition of such application is made,
unless the Administrator or other plaintiff proves that final
administrative disposition of such application has not been made
because of the failure of the applicant to furnish information
reasonably required or requested in order to process the
application. This paragraph shall not apply to any facility which
has been previously denied a permit under this section or if
authority to operate the facility under this section has been
previously terminated.
(2) In the case of each land disposal facility which has been
granted interim status under this subsection before November 8,
1984, interim status shall terminate on the date twelve months
after November 8, 1984, unless the owner or operator of such
facility -
(A) applies for a final determination regarding the issuance of
a permit under subsection (c) of this section for such facility
before the date twelve months after November 8, 1984; and
(B) certifies that such facility is in compliance with all
applicable groundwater monitoring and financial responsibility
requirements.
(3) In the case of each land disposal facility which is in
existence on the effective date of statutory or regulatory changes
under this chapter that render the facility subject to the
requirement to have a permit under this section and which is
granted interim status under this subsection, interim status shall
terminate on the date twelve months after the date on which the
facility first becomes subject to such permit requirement unless
the owner or operator of such facility -
(A) applies for a final determination regarding the issuance of
a permit under subsection (c) of this section for such facility
before the date twelve months after the date on which the
facility first becomes subject to such permit requirement; and
(B) certifies that such facility is in compliance with all
applicable groundwater monitoring and financial responsibility
requirements.
(f) Coal mining wastes and reclamation permits
Notwithstanding subsection (a) through (e) of this section, any
surface coal mining and reclamation permit covering any coal mining
wastes or overburden which has been issued or approved under the
Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1201
et seq.] shall be deemed to be a permit issued pursuant to this
section with respect to the treatment, storage, or disposal of such
wastes or overburden. Regulations promulgated by the Administrator
under this subchapter shall not be applicable to treatment,
storage, or disposal of coal mining wastes and overburden which are
covered by such a permit.
(g) Research, development, and demonstration permits
(1) The Administrator may issue a research, development, and
demonstration permit for any hazardous waste treatment facility
which proposes to utilize an innovative and experimental hazardous
waste treatment technology or process for which permit standards
for such experimental activity have not been promulgated under this
subchapter. Any such permit shall include such terms and conditions
as will assure protection of human health and the environment. Such
permits -
(A) shall provide for the construction of such facilities, as
necessary, and for operation of the facility for not longer than
one year (unless renewed as provided in paragraph (4)), and
(B) shall provide for the receipt and treatment by the facility
of only those types and quantities of hazardous waste which the
Administrator deems necessary for purposes of determining the
efficacy and performance capabilities of the technology or
process and the effects of such technology or process on human
health and the environment, and
(C) shall include such requirements as the Administrator deems
necessary to protect human health and the environment (including,
but not limited to, requirements regarding monitoring, operation,
insurance or bonding, financial reponsibility,(!1) closure, and
remedial action), and such requirements as the Administrator
deems necessary regarding testing and providing of information to
the Administrator with respect to the operation of the facility.
The Administrator may apply the criteria set forth in this
paragraph in establishing the conditions of each permit without
separate establishment of regulations implementing such criteria.
(2) For the purpose of expediting review and issuance of permits
under this subsection, the Administrator may, consistent with the
protection of human health and the environment, modify or waive
permit application and permit issuance requirements established in
the Administrator's general permit regulations except that there
may be no modification or waiver of regulations regarding financial
responsibility (including insurance) or of procedures established
under section 6974(b)(2) of this title regarding public
participation.
(3) The Administrator may order an immediate termination of all
operations at the facility at any time he determines that
termination is necessary to protect human health and the
environment.
(4) Any permit issued under this subsection may be renewed not
more than three times. Each such renewal shall be for a period of
not more than 1 year.
(h) Waste minimization
Effective September 1, 1985, it shall be a condition of any
permit issued under this section for the treatment, storage, or
disposal of hazardous waste on the premises where such waste was
generated that the permittee certify, no less often than annually,
that -
(1) the generator of the hazardous waste has a program in place
to reduce the volume or quantity and toxicity of such waste to
the degree determined by the generator to be economically
practicable; and
(2) the proposed method of treatment, storage, or disposal is
that practicable method currently available to the generator
which minimizes the present and future threat to human health and
the environment.
(i) Interim status facilities receiving wastes after July 26, 1982
The standards concerning ground water monitoring, unsaturated
zone monitoring, and corrective action, which are applicable under
section 6924 of this title to new landfills, surface impoundments,
land treatment units, and waste-pile units required to be permitted
under subsection (c) of this section shall also apply to any
landfill, surface impoundment, land treatment unit, or waste-pile
unit qualifying for the authorization to operate under subsection
(e) of this section which receives hazardous waste after July 26,
1982.
(j) Interim status surface impoundments
(1) Except as provided in paragraph (2), (3), or (4), each
surface impoundment in existence on November 8, 1984, and
qualifying for the authorization to operate under subsection (e) of
this section shall not receive, store, or treat hazardous waste
after the date four years after November 8, 1984, unless such
surface impoundment is in compliance with the requirements of
section 6924(o)(1)(A) of this title which would apply to such
impoundment if it were new.
(2) Paragraph (1) of this subsection shall not apply to any
surface impoundment which (A) has at least one liner, for which
there is no evidence that such liner is leaking; (B) is located
more than one-quarter mile from an underground source of drinking
water; and (C) is in compliance with generally applicable ground
water monitoring requirements for facilities with permits under
subsection (c) of this section.
(3) Paragraph (1) of this subsection shall not apply to any
surface impoundment which (A) contains treated waste water during
the secondary or subsequent phases of an aggressive biological
treatment facility subject to a permit issued under section 1342 of
title 33 (or which holds such treated waste water after treatment
and prior to discharge); (B) is in compliance with generally
applicable ground water monitoring requirements for facilities with
permits under subsection (c) of this section; and (C)(i) is part of
a facility in compliance with section 1311(b)(2) of title 33, or
(ii) in the case of a facility for which no effluent guidelines
required under section 1314(b)(2) of title 33 are in effect and no
permit under section 1342(a)(1) of title 33 implementing section
1311(b)(2) of title 33 has been issued, is part of a facility in
compliance with a permit under section 1342 of title 33, which is
achieving significant degradation of toxic pollutants and hazardous
constituents contained in the untreated waste stream and which has
identified those toxic pollutants and hazardous constituents in the
untreated waste stream to the appropriate permitting authority.
(4) The Administrator (or the State, in the case of a State with
an authorized program), after notice and opportunity for comment,
may modify the requirements of paragraph (1) for any surface
impoundment if the owner or operator demonstrates that such surface
impoundment is located, designed and operated so as to assure that
there will be no migration of any hazardous constitutent (!2) into
ground water or surface water at any future time. The Administrator
or the State shall take into account locational criteria
established under section 6924(o)(7) of this title.
(5) The owner or operator of any surface impoundment potentially
subject to paragraph (1) who has reason to believe that on the
basis of paragraph (2), (3), or (4) such surface impoundment is not
required to comply with the requirements of paragraph (1), shall
apply to the Administrator (or the State, in the case of a State
with an authorized program) not later than twenty-four months after
November 8, 1984, for a determination of the applicability of
paragraph (1) (in the case of paragraph (2) or (3)) or for a
modification of the requirements of paragraph (1) (in the case of
paragraph (4)), with respect to such surface impoundment. Such
owner or operator shall provide, with such application, evidence
pertinent to such decision, including:
(A) an application for a final determination regarding the
issuance of a permit under subsection (c) of this section for
such facility, if not previously submitted;
(B) evidence as to compliance with all applicable ground water
monitoring requirements and the information and analysis from
such monitoring;
(C) all reasonably ascertainable evidence as to whether such
surface impoundment is leaking; and
(D) in the case of applications under paragraph (2) or (3), a
certification by a registered professional engineer with academic
training and experience in ground water hydrology that -
(i) under paragraph (2), the liner of such surface
impoundment is designed, constructed, and operated in
accordance with applicable requirements, such surface
impoundment is more than one-quarter mile from an underground
source of drinking water and there is no evidence such liner is
leaking; or
(ii) under paragraph (3), based on analysis of those toxic
pollutants and hazardous constituents that are likely to be
present in the untreated waste stream, such impoundment
satisfies the conditions of paragraph (3).
In the case of any surface impoundment for which the owner or
operator fails to apply under this paragraph within the time
provided by this paragraph or paragraph (6), such surface
impoundment shall comply with paragraph (1) notwithstanding
paragraph (2), (3), or (4). Within twelve months after receipt of
such application and evidence and not later than thirty-six months
after November 8, 1984, and after notice and opportunity to
comment, the Administrator (or, if appropriate, the State) shall
advise such owner or operator on the applicability of paragraph (1)
to such surface impoundment or as to whether and how the
requirements of paragraph (1) shall be modified and applied to such
surface impoundment.
(6)(A) In any case in which a surface impoundment becomes subject
to paragraph (1) after November 8, 1984, due to the promulgation of
additional listings or characteristics for the identification of
hazardous waste under section 6921 of this title, the period for
compliance in paragraph (1) shall be four years after the date of
such promulgation, the period for demonstrations under paragraph
(4) and for submission of evidence under paragraph (5) shall be not
later than twenty-four months after the date of such promulgation,
and the period for the Administrator (or if appropriate, the State)
to advise such owners or operators under paragraph (5) shall be not
later than thirty-six months after the date of promulgation.
(B) In any case in which a surface impoundment is initially
determined to be excluded from the requirements of paragraph (1)
but due to a change in condition (including the existence of a
leak) no longer satisfies the provisions of paragraph (2), (3), or
(4) and therefore becomes subject to paragraph (1), the period for
compliance in paragraph (1) shall be two years after the date of
discovery of such change of condition, or in the case of a surface
impoundment excluded under paragraph (3) three years after such
date of discovery.
(7)(A) The Administrator shall study and report to the Congress
on the number, range of size, construction, likelihood of hazardous
constituents migrating into ground water, and potential threat to
human health and the environment of existing surface impoundments
excluded by paragraph (3) from the requirements of paragraph (1).
Such report shall address the need, feasibility, and estimated
costs of subjecting such existing surface impoundments to the
requirements of paragraph (1).
(B) In the case of any existing surface impoundment or class of
surface impoundments from which the Administrator (or the State, in
the case of a State with an authorized program) determines
hazardous constituents are likely to migrate into ground water, the
Administrator (or if appropriate, the State) is authorized to
impose such requirements as may be necessary to protect human
health and the environment, including the requirements of section
6924(o) of this title which would apply to such impoundments if
they were new.
(C) In the case of any surface impoundment excluded by paragraph
(3) from the requirements of paragraph (1) which is subsequently
determined to be leaking, the Administrator (or, if appropriate,
the State) shall require compliance with paragraph (1), unless the
Administrator (or, if appropriate, the State) determines that such
compliance is not necessary to protect human health and the
environment.
(8) In the case of any surface impoundment in which the liners
and leak detection system have been installed pursuant to the
requirements of paragraph (1) and in good faith compliance with
section 6924(o) of this title and the Administrator's regulations
and guidance documents governing liners and leak detection systems,
no liner or leak detection system which is different from that
which was so installed pursuant to paragraph (1) shall be required
for such unit by the Administrator when issuing the first permit
under this section to such facility. Nothing in this paragraph
shall preclude the Administrator from requiring installation of a
new liner when the Administrator has reason to believe that any
liner installed pursuant to the requirements of this subsection is
leaking.
(9) In the case of any surface impoundment which has been
excluded by paragraph (2) on the basis of a liner meeting the
definition under paragraph (12)(A)(ii), at the closure of such
impoundment the Administrator shall require the owner or operator
of such impoundment to remove or decontaminate all waste residues,
all contaminated liner material, and contaminated soil to the
extent practicable. If all contaminated soil is not removed or
decontaminated, the owner or operator of such impoundment shall be
required to comply with appropriate post-closure requirements,
including but not limited to ground water monitoring and corrective
action.
(10) Any incremental cost attributable to the requirements of
this subsection or section 6924(o) of this title shall not be
considered by the Administrator (or the State, in the case of a
State with an authorized program under section 1342 of title 33) -
(A) in establishing effluent limitations and standards under
section 1311, 1314, 1316, 1317, or 1342 of title 33 based on
effluent limitations guidelines and standards promulgated any
time before twelve months after November 8, 1984; or
(B) in establishing any other effluent limitations to carry out
the provisions of section 1311, 1317, or 1342 of title 33 on or
before October 1, 1986.
(11)(A) If the Administrator allows a hazardous waste which is
prohibited from one or more methods of land disposal under
subsection (d), (e), or (g) of section 6924 of this title (or under
regulations promulgated by the Administrator under such
subsections) to be placed in a surface impoundment (which is
operating pursuant to interim status) for storage or treatment,
such impoundment shall meet the requirements that are applicable to
new surface impoundments under section 6924(o)(1) of this title,
unless such impoundment meets the requirements of paragraph (2) or
(4).
(B) In the case of any hazardous waste which is prohibited from
one or more methods of land disposal under subsection (d), (e), or
(g) of section 6924 of this title (or under regulations promulgated
by the Administrator under such subsection) the placement or
maintenance of such hazardous waste in a surface impoundment for
treatment is prohibited as of the effective date of such
prohibition unless the treatment residues which are hazardous are,
at a minimum, removed for subsequent management within one year of
the entry of the waste into the surface impoundment.
(12)(A) For the purposes of paragraph (2)(A) of this subsection,
the term "liner" means -
(i) a liner designed, constructed, installed, and operated to
prevent hazardous waste from passing into the liner at any time
during the active life of the facility; or
(ii) a liner designed, constructed, installed, and operated to
prevent hazardous waste from migrating beyond the liner to
adjacent subsurface soil, ground water, or surface water at any
time during the active life of the facility.
(B) For the purposes of this subsection, the term "aggressive
biological treatment facility" means a system of surface
impoundments in which the initial impoundment of the secondary
treatment segment of the facility utilizes intense mechanical
aeration to enhance biological activity to degrade waste water
pollutants and
(i) the hydraulic retention time in such initial impoundment is
no longer than 5 days under normal operating conditions, on an
annual average basis;
(ii) the hydraulic retention time in such initial impoundment
is no longer than thirty days under normal operating conditions,
on an annual average basis: Provided, That the sludge in such
impoundment does not constitute a hazardous waste as identified
by the extraction procedure toxicity characteristic in effect on
November 8, 1984; or
(iii) such system utilizes activated sludge treatment in the
first portion of secondary treatment.
(C) For the purposes of this subsection, the term "underground
source or (!3) drinking water" has the same meaning as provided in
regulations under the Safe Drinking Water Act (title XIV of the
Public Health Service Act [42 U.S.C. 300f et seq.]).
(13) The Administrator may modify the requirements of paragraph
(1) in the case of a surface impoundment for which the owner or
operator, prior to October 1, 1984, has entered into, and is in
compliance with, a consent order, decree, or agreement with the
Administrator or a State with an authorized program mandating
corrective action with respect to such surface impoundment that
provides a degree of protection of human health and the environment
which is at a minimum equivalent to that provided by paragraph (1).