The Secretary may waive the requirements of subsection 6605(d) of this title and the technical and siting requirements of the solid waste management rules adopted pursuant to subdivision 6603(1) of this title, provided the following conditions are met:
(1) The Secretary intends to perform a removal or remedial action, pursuant to chapter 159 of this title, or the President of the United States intends to perform a response action, as defined in 42 U.S.C. § 9601(25), in response to a release or threatened release of hazardous substances; and(2) The Secretary makes a prior written determination that: (A) the proposed response action will not adversely affect the public health, safety, or the environment; and(B) the technical and siting requirements will be complied with to the extent practical in light of the overall objectives of the response.Added 2001, No. 149 (Adj. Sess.), § 88, eff. 6/27/2002.