Page:United States Statutes at Large Volume 98 Part 3.djvu/855

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3227

"(A) minimize the disposal of containerized liquid hazardous waste in landfills, and "(B) minimize the presence of free liquids in containerized hazardous waste to be disposed of in landfills. Such regulations shall also prohibit the disposal in landfills of Prohibition. liquids that have been absorbed in materials that biodegrade or that release liquids when compressed as might occur during routine landfill operations. Prior to the date on which such final regulations take effect, the requirements (as in effect on April 30, 1983) promulgated under this section by the Administrator shall remain in force and effect to the extent such requirements are applicable to the disposal of containerized liquid hazardous waste, or free liquids contained in hazardous waste, in landfills. "(3) Effective twelve months after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984, the placement of any liquid which is not a hazardous waste in a landfill for which a permit is required under section 3005(c) or which is operating Post, pp. 3241, pursuant to interim status granted under section 3005(e) is prohib- 3242. ited unless the owner or operator of such landfill demonstrates to the Administrator, or the Administrator determines, that— "(A) the only reasonably available alternative to the placement in such landfill is placement in a landfill or unlined surface impoundment, whether or not permitted under section 3005(c) or operating pursuant to interim status under section 3005(e), which contains, or may reasonably be anticipated to contain, hazardous waste; and "(B) placement in such owner or operator's landfill will not present a risk of contamination of any underground source of drinking water. As used in subparagraph (B), the term 'underground source of drinking water' has the same meaning as provided in regulations under the Safe Drinking Water Act (title XIV of the Public Health 42 USC 201 note. Service Act). 42 USC 300f. "(4) No determination made by the Administrator under subsection (d), (e), or (g) of this section regarding any hazardous waste to which such subsection (d), (e), or (g) applies shall affect the prohibition contained in paragraph (1) of this subsection. "(d) PROHIBITIONS ON LAND DISPOSAL OF SPECIFIED WASTES.—(1)

Effective 32 months after the enactment of the Hazardous and Solid Waste Amendments of 1984 (except as provided in subsection (f) with respect to underground injection into deep injection wells), the land disposal of the hazardous wastes referred to in paragraph (2) is prohibited unless the Administrator determines the prohibition on one or more methods of land disposal of such waste is not required in order to protect human health and the environment for as long as the waste remains hazardous, taking into account— "(A) the long-term uncertainties associated with land disposal, "(B) the goal of managing hazardous waste in an appropriate manner in the first instance, and "(C) the persistence, toxicity, mobility, and propensity to bioaccumulate of such hazardous wastes and their hazardous constituents. For the purposes of this paragraph, a method of land disposal may not be determined to be protective of human health and the environment for a hazardous waste referred to in paragraph (2) (other than a hazardous waste which has complied with the pretreatment regu-