Page:United States Statutes at Large Volume 100 Part 2.djvu/587

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1689

"SEC. 124. METHANE RECOVERY.

Waste disposal. 42 USC 9624.

"(a) IN GENERAL.—In the case of a facility at which equipment for the recovery or processing (including recirculation of condensate) of methane has been installed, for purposes of this Act: "(1) The OMmer or operator of such equipment shall not be considered an 'owner or operator', as defined in section 101(20), with respect to such facility. "(2) The owner or operator of such equipment shall not be considered to have arrsmged for disposal or treatment of any hazardous substance at such facility pursuant to section 107 of this Act. 42 USC 9607. "(3) The owner or operator of such equipment shall not be subject to any action under section 106 with respect to such 42 USC 9606. facility. "(b) EXCEPTIONS.—Subsection (a) does not apply with respect to a release or threatened release of a hazardous substance from a facility described in subsection (a) if either of the following circumstances exist: "(1) The release or threatened release was primarily caused by activities of the owner or operator of the equipment described in subsection (a). "(2) The owner or operator of such equipment would be covered by paragraph (1), (2), (3), or (4) of subsection (a) of section 107 with respect to such release or threatened release if he were not the owner or operator of such equipment. In the case of any release or threatened release referred to in paragraph (1), the owner or operator of the equipment described in subsection (a) shall be liable under this Act only for costs or damages primarily caused by the activities of such owner or operator.", (b) REGULATION UNDER THE SOUD WASTE DISPOSAL ACT.—Unless

42 USC 6921 note. 42 USC 6921.

the Administrator of the Environmental Protection Agency promulgates regulations under subtitle C of the Solid Waste Disposal Act addressing the extraction of wastes from landfills as part of the process of recovering methane from such landfills, the owner and operator of equipment used to recover methane from a landfill shall not be deemed to be managing, generating, transporting, treating, storing, or disposing of hazardous or liquid wastes within the meaning of that subtitle. If the aqueous or hydrocarbon phase of the condensate or any other waste material removed from the gas recovered from the landfill meets any of the characteristics identified under section 3001 of subtitle C of the Solid Waste Disposal Act, 42 USC 6921. the preceding sentence shall not apply and such condensate phase or other waste material shall be deemed a hazardous waste under that subtitle, and shall be regulated accordingly. SEC. 125. CERTAIN SPECIAL STUDY WASTES.

Title I of CERCLA is amended by adding the following new section after section 124: "SEC. 125. SECTION SOOKbKSKAKi) WASTE.

"(a) REVISION OF HAZARD RANKING SYSTEM.—This section shall apply only to facilities which are not included or proposed for inclusion on the National Priorities List and which contain substantial volumes of waste described in section 3001(b)(3)(A)(i) of the Solid Waste Disposal Act. As expeditiously as practicable, the President shall revise the hazard ranking system in effect under the National Contingency Plan with respect to such facilities in a manner which

President of U.S. 42 USC 9625.

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