42 U.S.C. § 6939b — Interim control of hazardous waste in-

Page 6969 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6939c 1 So in original. Probably should be followed by a comma. § 6939b. Interim control of hazardous waste in- jection (a) Underground source of drinking water No hazardous waste may be disposed of by un- derground injection— (1) into a formation which contains (within one-quarter mile of the well used for such un- derground 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Act Subsection (a) shall not apply to the injection of contaminated ground water into the aquifer from which it was withdrawn, if— (1) such injection is— (A) a response action taken under section 9604 or 9606 of this title, or (B) part of corrective action required under this chapter 1 intended to clean up such contamination; (2) such contaminated ground water is treat- ed to substantially reduce hazardous constitu- ents 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 provi- sions of this chapter, the prohibitions estab- lished 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 re- sponsibility 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 responsi- bility’’, ‘‘underground source of drinking water’’, ‘‘formation’’ and ‘‘well’’ have the same meanings as provided in regulations of the Ad- ministrator 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, § 3020, formerly § 7010, as added Pub. L. 98–616, title IV, § 405(a), Nov. 8, 1984, 98 Stat. 3273; renumbered § 3020, and amend- ed Pub. L. 99–339, title II, § 201(c), June 19, 1986, 100 Stat. 654.) 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 classi- fied generally to subchapter XII (§ 300f et seq.) of chap- ter 6A of this title. Part C of the Act is classified gen- erally 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), sub- stituted ‘‘enforcement under the provisions of this chapter’’ for ‘‘enforcement under sections 6972 and 6973 of this title’’. § 6939c. Mixed waste inventory reports and plan (a) Mixed waste inventory reports (1) Requirement Not later than 180 days after October 6, 1992, the Secretary of Energy shall submit to the Administrator and to the Governor of each State in which the Department of Energy stores or generates mixed wastes the following reports: (A) A report containing a national inven- tory of all such mixed wastes, regardless of the time they were generated, on a State-by- State basis. (B) A report containing a national inven- tory of mixed waste treatment capacities and technologies. (2) Inventory of wastes The report required by paragraph (1)(A) shall include the following: (A) A description of each type of mixed waste at each Department of Energy facility in each State, including, at a minimum, the name of the waste stream. (B) The amount of each type of mixed waste currently stored at each Department of Energy facility in each State, set forth separately by mixed waste that is subject to the land disposal prohibition requirements of section 6924 of this title and mixed waste that is not subject to such prohibition re- quirements. (C) An estimate of the amount of each type of mixed waste the Department expects to generate in the next 5 years at each De- partment of Energy facility in each State. (D) A description of any waste minimiza- tion actions the Department has imple- mented at each Department of Energy facil- ity in each State for each mixed waste stream. (E) The EPA hazardous waste code for each type of mixed waste containing waste that has been characterized at each Department of Energy facility in each State. (F) An inventory of each type of waste that has not been characterized by sampling and analysis at each Department of Energy facility in each State.