---
kind: "section"
citation: "42 U.S.C. § 6939e"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6939e"
heading: "Federally owned treatment works"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6939e"
units:
  - "Chapter 82 — Solid Waste Disposal"
  - "Subchapter III — Hazardous Waste Management"
---

# §6939e. Federally owned treatment works

- (a) **In general—** For purposes of [section 6903(27) of this title](/usc/42/6903.md?p=27), the phrase “but does not include solid or dissolved material in domestic sewage” shall apply to any solid or dissolved material introduced by a source into a federally owned [treatment](/usc/42/6903.md?p=34) works if—
  - (1) such solid or dissolved material is subject to a pretreatment standard under [section 1317 of title 33](/usc/33/1317.md), and the source is in compliance with such standard;
  - (2) for a solid or dissolved material for which a pretreatment standard has not been promulgated pursuant to [section 1317 of title 33](/usc/33/1317.md), the [Administrator](/usc/42/6903.md?p=1) has promulgated a schedule for establishing such a pretreatment standard which would be applicable to such solid or dissolved material not later than 7 years after October 6, 1992, such standard is promulgated on or before the date established in the schedule, and after the effective date of such standard the source is in compliance with such standard;
  - (3) such solid or dissolved material is not covered by paragraph [(1)](#a-1) or [(2)](#a-2) and is not prohibited from land [disposal](/usc/42/6903.md?p=3) under subsections[^1] (d), (e), (f), or (g) of [section 6924 of this title](/usc/42/6924.md) because such material has been treated in accordance with [section 6924(m) of this title](/usc/42/6924.md?p=m); or
  - (4) notwithstanding paragraphs[^1] (1), (2), or (3), such solid or dissolved material is generated by a household or [person](/usc/42/6903.md?p=15) which [generates](/usc/42/2021b.md?p=8) less than 100 kilograms of [hazardous waste](/usc/42/6903.md?p=5) per month unless such solid or dissolved material would otherwise be an acutely [hazardous waste](/usc/42/6903.md?p=5) and subject to standards, regulations, or other requirements under this chapter notwithstanding the quantity generated.
- (b) **Prohibition—** It is unlawful to introduce into a federally owned [treatment](/usc/42/6903.md?p=34) works any pollutant that is a [hazardous waste](/usc/42/6903.md?p=5).
- (c) **Enforcement—**
  - (1) Actions taken to enforce this section shall not require closure of a [treatment](/usc/42/6903.md?p=34) works if the [hazardous waste](/usc/42/6903.md?p=5) is removed or decontaminated and such removal or decontamination is adequate, in the discretion of the [Administrator](/usc/42/6903.md?p=1) or, in the case of an authorized [State](/usc/42/6903.md?p=31), of the [State](/usc/42/6903.md?p=31), to protect human health and the environment.
  - (2) Nothing in this subsection shall be construed to prevent the [Administrator](/usc/42/6903.md?p=1) or an authorized [State](/usc/42/6903.md?p=31) from ordering the closure of a [treatment](/usc/42/6903.md?p=34) works if the [Administrator](/usc/42/6903.md?p=1) or [State](/usc/42/6903.md?p=31) determines such closure is necessary for protection of human health and the environment.
  - (3) Nothing in this subsection shall be construed to affect any other enforcement authorities available to the [Administrator](/usc/42/6903.md?p=1) or a [State](/usc/42/6903.md?p=31) under this subchapter.
- (d) **“Federally owned treatment works” defined—** For purposes of this section, the term “federally owned [treatment](/usc/42/6903.md?p=34) works” means a facility that is owned and operated by a department, [agency](/usc/42/8262.md?p=1), or instrumentality of the Federal Government treating wastewater, a majority of which is domestic sewage, prior to discharge in accordance with a permit issued under [section 1342 of title 33](/usc/33/1342.md).
- (e) **Savings clause—** Nothing in this section shall be construed as affecting any agreement, permit, or administrative or judicial order, or any condition or requirement contained in such an agreement, permit, or order, that is in existence on October 6, 1992, and that requires corrective action or closure at a federally owned [treatment](/usc/42/6903.md?p=34) works or [solid waste management](/usc/42/6903.md?p=28) unit or facility related to such a [treatment](/usc/42/6903.md?p=34) works.

## Footnotes

[^1]: So in original. Probably should be singular.

## Source credit

(Pub. L. 89–272, title II, § 3023, as added Pub. L. 102–386, title I, § 108(a), Oct. 6, 1992, 106 Stat. 1514.)