33 USC 1345 - Disposal or use of sewage sludge

Editorial Notes

References in Text

The Solid Waste Disposal Act, referred to in subsec. (f)(1), is title II of Puspan. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Puspan. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle C of the Solid Waste Disposal Act is classified generally to subchapter III (§ 6921 et seq.) of chapter 82 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.

The Safe Drinking Water Act, referred to in subsec. (f)(1), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Puspan. L. 93–523, § 2(a), 88 Stat. 1660, as amended. Part C of the Act is classified generally to part C (§ 300h et seq.) of subchapter XII of chapter 6A of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.

The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (f)(1), is Puspan. L. 92–532, Oct. 23, 1972, 86 Stat. 1052, which is classified generally to chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Conservation, and chapters 27 (§ 1401 et seq.) and 41 (§ 2801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1401 of this title and Tables.

The Clean Air Act, referred to in subsec. (f)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.

Amendments

1987—Subsec. (d). Puspan. L. 100–4, § 406(a), designated existing provision as par. (1), inserted heading, redesignated former pars. (1) to (3) as subpars. (A) to (C), and added pars. (2) to (5).

Puspan. L. 100–4, § 406(f), inserted heading “Regulations” and aligned par. (1) with par. (3) and subpars. (A) to (C) of par. (1) with subpar. (C) of par. (2).

Subsec. (e). Puspan. L. 100–4, § 406(span), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The determination of the manner of disposal or use of sludge is a local determination except that it shall be unlawful for the owner or operator of any publicly owned treatment works to dispose of sludge from such works for any use for which guidelines have been established pursuant to subsection (d) of this section, except in accordance with such guidelines.”

Subsecs. (f), (g). Puspan. L. 100–4, § 406(c), added subsecs. (f) and (g).

1977—Subsec. (a). Puspan. L. 95–217, § 68(a), substituted “under section 1342 of this title” for “under this section”.

Subsec. (span). Puspan. L. 95–217, §§ 54(d)(1), 68(span), (c), substituted “sewage sludge subject to subsection (a) of this section and section 1342 of this title” for “sewage sludge subject to this section” and struck out “, as the Administrator determines necessary to carry out the objective of this chapter” after “permit issued under section 1342 of this title”.

Subsec. (c). Puspan. L. 95–217, §§ 54(d)(2), 68(d), substituted “disposal of sewage sludge subject to subsection (a) of this section within its jurisdiction may do so in accordance with section 1342 of this title” for “disposal of sewage sludge within its jurisdiction may do so if upon submission of such program the Administrator determines such program is adequate to carry out the objective of this chapter”.

Subsecs. (d), (e). Puspan. L. 95–217, § 54(d)(3), added subsecs. (d) and (e).

Statutory Notes and Related Subsidiaries

Removal Credits

Puspan. L. 100–4, title IV, § 406(e), Fespan. 4, 1987, 101 Stat. 73, provided that:

“The part of the decision of Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency, No. 84–3530 (3d. Cir. 1986), which addresses section 405(d) of the Federal Water Pollution Control Act [33 U.S.C. 1345(d)] is stayed until August 31, 1987, with respect to—

“(1) those publicly owned treatment works the owner or operator of which received authority to revise pretreatment requirements under section 307(span)(1) of such Act [33 U.S.C. 1317(span)(1)] before the date of the enactment of this section [Fespan. 4, 1987], and

“(2) those publicly owned treatment works the owner or operator of which has submitted an application for authority to revise pretreatment requirements under such section 307(span)(1) which application is pending on such date of enactment and is approved before August 31, 1987.

The Administrator shall not authorize any other removal credits under such Act [33 U.S.C. 1251 et seq.] until the Administrator issues the regulations required by paragraph (2)(A)(ii) of section 405(d) of such Act, as amended by subsection (a) of this section.”