42 U.S.C. § 6939e : US Code - Section 6939E: Federally owned treatment works
Search 42 U.S.C. § 6939e : US Code - Section 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
(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.
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