[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR437.40]

[Page 378-379]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 437--THE CENTRALIZED WASTE TREATMENT POINT SOURCE CATEGORY--Table of Contents
 
                    Subpart D--Multiple Wastestreams
 
Sec. 437.40  Applicability.


    (a) Except as provided in Sec. 437.1(b), (c), or (d) or in paragraph 
(b) of this section, facilities that treat wastes subject to more than 
one of the previous Subparts must comply with either provisions of this 
subpart or the applicable provisions of Subpart A, B, or C. The 
provisions of this subpart are applicable to that portion of wastewater 
discharges from a centralized waste treatment facility that results from 
mixing any combination of treated or untreated waste otherwise subject 
to Subpart A, Subpart B, or Subpart C of this part only if a facility 
requests the permit writer or control authority to develop Subpart D 
limitations (or standards) and establishes that it provides equivalent 
treatment as defined in Sec. 437.2(h).
    (b) In order to ensure appropriate treatment rather than dilution of 
dissimilar wastes, an NPDES permit writer or control authority may 
require a

[[Page 379]]

new or existing facility subject to paragraph (a) of this section to 
achieve alternative effluent limitations or standards as defined in 
Sec. 437.2 (b) in the following circumstances:
    (1) The facility receives, on a continuing basis, flows of process 
wastewater from five or fewer facilities subject to 40 CFR Subchapter N 
limitations and standards; and
    (2) The process wastewater flows received for treatment at the 
facility have relatively consistent pollutant profiles.