Hazardous Waste Control and Enforcement Act of 1983

Hazardous Waste Control and Enforcement Act of 1983 - Amends the Solid Waste Disposal Act (as amended by the Resource Conservation and Recovery Act of 1976) to authorize appropriations for FY 1984 through 1986 for: (1) general administration by the Administrator of the Environmental Protection Agency (EPA) to carry out such Act (including funds for Resource Recovery and Conservation Panels, hazardous waste management, and support for State, regional, local, and interstate agency solid waste plans); (2) grants to State hazardous waste programs; (3) hazardous waste site inventory; (4) development and implementation of plans by State, local, regional, and interstate authorities; (5) implementation of State, local, and intermunicipal programs for solid waste management, resource recovery, resource conservation, and hazardous waste management; (6) special communities assistance; (7) assistance to States for recycled oil programs; and (8) the Secretary of Commerce to carry out resource and recovery duties.

Establishes requirements for small quantity generator waste. Prohibits exemption from hazardous waste management standards, by reason of the small quantities any hazardous waste generated by any generator in a quantity greater than 100 kilograms during any calendar month. Makes such prohibition of such exemption effective 24 months after the date of the enactment of this Act. Directs the Administrator, within 24 months of such enactment and after notice, opportunity for comment, and public hearings, to promulgate standards for hazardous waste generated in monthly quantities between 100 to 1,000 kilograms which are applicable to generators, transporters, and owners or operators of treatment, storage, or disposal facilities. Authorizes the Administrator to allow such small quantity generator waste standards to vary from standards for larger quantities. Sets forth requirements for such variances. Directs the Administrator, in cooperation with the Secretary of Transportation, to modify current regulations to conform requirements applicable to transporters of hazardous waste to the scale of the operations involved.

Authorizes the Administrator to establish special standards or exemptions for hazardous wastes generated by any generator in a quantity less than 100 kilograms during any calendar month.

Requires that, within 90 days of enactment of this Act, each hazardous waste generator who is not required under EPA regulations to provide a manifest to transporters shall provide specified written notices to each person transporting such waste to a facility for treatment, storage, or disposal. Prohibits any variance with respect to such requirement.

Establishes requirements for interim control of hazardous waste injection. Prohibits hazardous waste disposal by underground injection above or into a formation which contains, within one-quarter mile of the well used for such injection, an underground source of drinking water. Provides for exemptions from such prohibition upon demonstration that such injection will not cause hazardous waste to endanger drinking water sources. Provides for State and Federal enforcement of such prohibitions and identical prohibitions under the Safe Drinking Water Act.

Establishes requirements with respect to liquids in landfills. Directs the Administrator, within six months after enactment of this Act, to promulgate final regulations which minimize the disposal of liquid hazardous waste, and free liquids contained in hazardous waste, in landfills. Directs the Administrator to maintain current requirements, pending promulgation of such regulations.

Sets forth requirements for land disposal reports. Directs the Administrator, within six months after enactment of this Act, to publish and submit to the Congress a report: (1) listing hazardous wastes for which one or more types of land disposal may not be protective of human health and the environment; (2) identifying hazardous wastes for which there are technologically feasible alternatives to land disposal which would be so protective; (3) assessing the costs of such alternatives; and (4) assessing other hazardous wastes which are unsuitable for other means of waste treatment or disposal. Requires modification and supplementation of such report as new information becomes available.

Directs the Administrator, within nine months after the required publication date of such report, and from time to time thereafter, to promulgate regulations respecting those hazardous wastes in the report (in addition to hazardous wastes specifically prohibited from land disposal under this Act). Requires that such regulations, for those hazardous wastes for which one or more types of land disposal of a hazardous waste may present the environment, be based on the toxicity, mobility, persistence, ability of the waste to bioaccumulate and the inability of land disposal facilities to contain hazardous wastes over a period of time. Requires that such regulations contain effective dates allowing time necessary to install nationwide sufficient capacity of alternative treatment, recovery, or disposal methods identified in such report. Provides for case-by-case exemptions based on demonstrations that capacity for such alternative means of disposition is not reasonably available. Directs the Administrator, for purposes of such regulations, to: (1) consider alternative treatment methods; (2) examine State government actions with regard to such controls; and (3) review all halogenated organic wastes.

Prohibits, effective on the date one year after enactment of this Act, land disposal of specified hazardous wastes unless the Administrator determines such prohibition is not required. Lists the hazardous waste for which such land disposal prohibition applies at specified concentrations: (1) cyanide-containing liquid wastes; (2) liquid toxic metal wastes and their compounds (arsenic, cadmium, hexavalent chromium, lead, mercury, nickel, selenium, thallium); (3) acid wastes; (4) wastes containing polychlorinated biphenyls (PCBs); and (5) wastes containing halogenated organics.

Requires, within 12 months after enactment of this Act, notification to the Administrator by: (1) the owner or operator of any facility producing a fuel from any hazardous waste alone or with other material or from used oil alone or with other material; (2) the owner or operator of any facility burning fuel containing any hazardous waste or used oil; and (3) any person who distributes or markets fuel containing hazardous waste or used oil. Requires that such notification describe the location, the facility, the identified or listed hazardous waste involved, and the production or energy recovery activity. Exempts facilities, such as residential boilers, from such notification requirements where the Administrator determines that such notification is not necessary for obtaining sufficient information respecting current practices of facilities using hazardous waste for energy recovery.

Directs the Administrator, within two years after the enactment of this Act, to promulgate regulations establishing health and environmental standards applicable to owners or operators of facilities producing fuel from hazardous wastes or burning hazardous wastes for energy recovery and to distributors or marketers of such fuels.

Prohibits producers, distributors, or marketers of fuels containing hazardous wastes from distributing or marketing such fuels unless the invoice or bill of sale bears a conspicuous warning and lists the hazardous wastes contained in such fuel. Exempts Exempts oil or petroleum refining waste containing oil from such labeling requirement under certain conditions.

Requires that permits (other than interim status permits) issued to treatment, storage, or disposal facilities by Federal or State hazardous waste programs under the Act address any release of hazardous waste from such facilities which occurs prior to the permit issuance. Requires that such permits include schedules and provide financial assurances for addressing such releases where the required action cannot be completed prior to permit issuance. Exempts from such permit requirements any portion of the facility at which hazardous waste treatment, storage, or disposal activities have not taken place.

Directs the Administrator to promulgate regulations requiring any facility operating on interim status permits to obtain a final permit before expanding its capacity by more than ten percent (except capacity for storage or treatment in tanks or containers and enclosed waste piles). Authorizes the Administrator to establish standards for any interim status permit facility expanding its capacity by ten percent or less. Allows such standards for facilities expanding by ten percent or less to vary from the interim permit status standards for facilities which do not expand capacity. Requires landfill disposal facilities operating under an interim status permit to comply with monitoring and corrective action requirements applicable to facilities for which a final permit is issued. Requires any new, replacement, or laterally expanded unit of a landfill or surface impoundment operating under an interim status permit to be subject to requirements respecting liners and leachate collection systems or equivalent protection applicable to facilities for which a final permit is issued.

Directs the Administrator to issue final permits or final denials of permit applications: (1) for land disposal facilities, within four years of the enactment of this Act; (2) for any other treatment, storage, or disposal facilities, within eight years of such enactment. Provides that such time periods shall also apply in the case of any authorized State hazardous waste program. Requires facilities operating under interim status permits to submit applications for final permit review within the applicable time period, with specified exceptions.

Authorizes the Administrator, after notice and opportunity for hearing, to promulgate permit application requirements and permit conditions applicable to owners and operators of a class of facilities, upon determination that facilities in the class should be subject to similar design, operating, and management requirements. Limits such classes to facilities which treat or store hazardous waste in containers, tanks, or enclosed piles. Authorizes the Administrator, after notice and opportunity for informal hearing, to issue a class permit for a facility which meets such conditions and requirements. Authorizes the Administrator, in establishing class permit requirements and conditions, to provide that certain conditions shall be established for each facility on a site-specific basis.

Directs the Administrator to promulgate regulations which protect human health and the environment with respect to the use, recycling, and reclamation of identified or listed hazardous waste.

Declares the intention that adequate provision be given to the present and future needs of the recycling and resource recovery interest in the area encompassed by the comprehensive planning process in determining the size of waste-to-energy facilities.

Authorizes the Administrator to make grants to local government authorities to construct (and acquire lands for) demonstration recycling intermediate processing centers. Sets forth requirements for such grants.

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (the "Superfund Act") to revise provisions relating to the State share of the costs of remedial actions in response to a release of a hazardous substance at a disposal facility owned by a State or local government. Requires that such facility be operated, as well as owned, by the State or local government in order for such provisions to apply. Directs the President to use money in the Hazardous Substance Response Trust Fund to reimburse any State for the amount paid in excess of ten percent of the costs of remedial action at a facility owned, but not operated, by such State or local government.

Amends the Solid Waste Disposal Act to increase the maximum sentences as criminal penalties for knowing endangerment and other specified violations under such Act.

Authorizes the Administrator to bring suit, and to take other appropriate action, if the past (or present) handling, storage, treatment, transportation, or disposal of hazardous waste may present an imminent and substantial endangerment to health or the environment.

Revises provision for citizen suits to provide that only the prevailing or substantially prevailing party may be awarded litigation costs.

Revises preservation of rights provisions to declare that nothing in the Solid Waste Disposal Act shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or requirement relating to the management of solid waste or hazardous waste, or to seek any other relief (including relief against the Administrator or a State agency).

Directs the Administrator to request the Attorney General to file, and represent the Administrator in, any civil action which the Administrator is authorized to bring under the Solid Waste Disposal Act. Grants the Administrator, if the Attorney General does not give notice and file such action within specified deadlines, exclusive authority to commence and conduct the litigation and any appeals of such action and to designate EPA Attorneys for such purposes, except in the case of actions before the U.S. Supreme Court.

Grants EPA officers or employees specified law enforcement powers in the investigation of any activity for which a criminal penalty is provided under the Solid Waste Disposal Act.

Revises citizen suit provisions of such Act to allow any person to commence civil actions to: (1) immediately restrain any person contributing to the handling, storing, treating, transporting, or disposing of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment; or (2) order the Administrator to perform any act or duty which is not discretionary under such Act and to supply appropriate civil penalties.

Provides that specified prohibitions against the open dumping of solid waste or hazardous waste shall apply whether or not a State plan has been submitted and approved.

Authorizes the Administrator, and duly designated agents and employees of EPA to initiate and conduct investigations under the criminal provisions of the Solid Waste Disposal Act and to refer investigation results to the Attorney General for appropriate prosecution.

Revises provisions for Federal enforcement of hazardous waste management requirements under the Solid Waste Disposal Act to authorize the Administrator to assess a civil penalty for any past or current violation.

Provides for criminal penalties for persons who knowingly: (1) cause specified hazardous waste to be transported; (2) treat, store, or dispose of such waste in violation of any material condition or requirement of specified permits or of any applicable interim status regulations or standards; (3) omit material information used for purposes of compliance with regulations promulgated by the Administrator (or by a State program); (4) fail to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of such compliance; or (5) transports, or causes to be transported, without a manifest any hazardous waste required to be so accompanied. Raises the maximum criminal penalties for these and other violations, under specified conditions.

Revises provisions relating to conditions for knowing endangerment. Raises the penalties for knowing endangerment.

Revises provisions for review of certain actions of the Administrator relating to permits for treatment, storage, or disposal of hazardous waste and authorized State hazardous waste programs. Provides that action of the Administrator with respect to which review could have been obtained under such provisions of the Solid Waste Disposal Act shall not be subject to judicial review in civil or criminal proceedings for enforcement.

Revises findings and objectives of the Solid Waste Disposal Act.

Revises provisions for identification and listing of hazardous waste under such Act to add requirements with respect to specified wastes. Directs the Administrator, where appropriate, to list as subject to hazardous waste management provisions: (1) within ten months of enactment of this Act, additional wastes containing chlorinated dioxins and dibenzofurans; and (2) within two years after such enactment, wastes containing remaining halogenated dioxins and dibenzofurans. Directs the Administrator, within six months after such enactment, to determine whether or not to list as subject to such requirements 23 wastes named in a specified congressional committee report.

Directs the Administrator to also list those hazardous wastes which shall be subject to hazardous waste management requirements because they contain hazardous constituents (such as identified carcinogens, mutagens, or teratagens) at concentration levels in excess of levels which endanger human health and and the environment.

Sets forth delisting procedures. Directs the Administrator, when evaluating a petition to exclude a waste generated at a particular facility, to: (1) consider factors, other than those for which the waste was listed, which could cause the waste to be hazardous; (2) provide notice and opportunity for comment on such additional factors before granting or denying such petition; and (3) make a final decision on each such petition within 18 months after granting a temporary exclusion from regulation of such waste.