110 STAT. 830 PUBLIC LAW 104-119—MAR. 26, 1996 Public Law 104-119 104th Congress An Act Mar. 26, 1996 To amend the Solid Waste Disposal Act to make certain adjustments in the land [H.R. 2036] disposal program to provide needed flexibility, and for other purposes. Be it enacted by the Senate and House of Representatives of Land Disposal the United States of America in Congress assembled, Program Flexibility SECTION 1. SHORT TITLE. Act of 1996. mi.A -1 1«T 1 T-». 1 T-» T-1 1 -1 •!• Environmental This Act may be Cited as the Land Disposal Program Flexibihty protection. Act of 1996". 42 USC 6901 iiote. SEC. 2. LAND DISPOSAL RESTRICTIONS. 42 USC 6924. Section 3004(g) of the Solid Waste Disposal Act is amended by adding after paragraph (6) the following: "(7) Solid waste identified as hazardous based solely on one or more characteristics shall not be subject to this subsection, any prohibitions under subsection (d), (e), or (f), or any requirement promulgated under subsection (m) (other than any applicable specific methods of treatment, as provided in paragraph (8)) if the waste— "(A) is treated in a treatment system that subsequently discharges to waters of the United States pursuant to a permit issued under section 402 of the Federal Water Pollution Control Act (commonly known as the "Clean Water Act") (33 U.S.C. 1342), treated for the purposes of the pretreatment requirements of section 307 of the Clean Water Act (33 U.S.C. 1317), or treated in a zero discharge system that, prior to any permanent land disposal, engages in treatment that is equivalent to treatment required under section 402 of the Clean Water Act (33 U.S.C. 1342) for discharges to waters of the United States, as determined by the Administrator; and "(B) no longer exhibits a hazardous characteristic prior to management in any land-based solid waste management unit. "(8) Solid waste that otherwise qualifies under paragraph (7) shall nevertheless be required to meet any applicable specific methods of treatment specified for such waste by the Administrator under subsection (m), including those specified in the rule promulgated by the Administrator June 1, 1990, prior to management in a land-based unit as part of a treatment system specified in paragraph (7)(A). No solid waste may qualify under paragraph (7) that would generate toxic gases, vapors, or fumes due to the presence of cyanide when exposed to pH conditions between 2.0 and 12.5.
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