Page:United States Statutes at Large Volume 98 Part 3.djvu/901

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3273

this Act, and to refer the results of these investigations to the Attorney General for prosecution in appropriate cases.". (5) Section 7006(b) of such Act is amended by inserting the following before the last sentence thereof: "Action of the Administrator with respect to which review could have been obtained under this subsection shall not be subject to judicial review in civil or criminal proceedings for enforcement.".

42 USC 6976.


SEC. 404. Section 7003 of the Solid Waste Disposal Act is amended by adding the following new subsection after subsection (c) thereof: "(d) PuBLi© PARTICIPATION IN SETTLEMENTS.—Whenever the United States or the Administrator proposes to covenant not to sue or to forbear from suit or to settle any claim arising under this section, notice, and opportunity for a public meeting in the affected area, and a reasonable opportunity to comment on the proposed settlement prior to its final entry shall be afforded to the public. The decision of the United States or the Administrator to enter into or not to enter into such Consent Decree, covenant or agreement shall not constitute a final agency action subject to judicial review under this Act or the Administrative Procedure Act.".

Ante, p. 3271.

5 USC note prec. 551.


SEC. 405. (a) Subtitle G of the Solid Waste Disposal Act is amended by adding the following new section at the end thereof: "INTERIM CONTROL OF HAZARDOUS WASTE INJECTION "SEC. 7010. (a) UNDERGROUND SOURCE OF DRINKING WATER.—NO hazardous waste may be disposed of by underground injection— "(1) into a formation which contains (within one-quarter mile of the well used for such underground 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 the enactment of the Hazardous and Solid Waste Amendments of 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. "(b) ACTIONS UNDER CERCLA.—Subsection (a) shall not apply to the injection of contaminated ground water into the aquifer from which it was withdrawn, if— "(1) such injection is— "(A) a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, or "(B) part of corrective action required under this title intended to clean up such contamination; "(2) such contaminated ground water is treated to substantially reduce hazardous constituents 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 sections 7002 and 7003 of this Act, the prohibitions established under para-

Prohibition. ^^ ^SC 6979a.

42 USC 201 note.

42 USC 9604, 9606.

42 USC 6972, 6973.