[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR129.6]

[Page 346]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 129--TOXIC POLLUTANT EFFLUENT STANDARDS--Table of Contents
 
     Subpart A--Toxic Pollutant Effluent Standards and Prohibitions
 
Sec. 129.6  Adjustment of effluent standard for presence of toxic pollutant 
in the intake water.

    (a) Upon the request of the owner or operator of a facility 
discharging a pollutant subject to a toxic pollutant effluent standard 
or prohibition, the Regional Administrator (or State Director, if 
appropriate) shall give credit, and shall adjust the effluent 
standard(s) in such permit to reflect credit for the toxic pollutant(s) 
in the owner's or operator's water supply if (1) the source of the 
owner's or operator's water supply is the same body of water into which 
the discharge is made and if (2) it is demonstrated to the Regional 
Administrator (or State Director, if appropriate) that the toxic 
pollutant(s) present in the owner's or operator's intake water will not 
be removed by any wastewater treatment systems whose design capacity and 
operation were such as to reduce toxic pollutants to the levels required 
by the applicable toxic pollutant effluent standards in the absence of 
the toxic pollutant in the intake water.
    (b) Effluent limitations established pursuant to this section shall 
be calculated on the basis of the amount of section 307(a) toxic 
pollutant(s) present in the water after any water supply treatment steps 
have been performed by or for the owner or operator.
    (c) Any permit which includes toxic pollutant effluent limitations 
established pursuant to this section shall also contain conditions 
requiring the permittee to conduct additional monitoring in the manner 
and locations determined by the Regional Administrator (or State 
Director, if appropriate) for those toxic pollutants for which the toxic 
pollutant effluent standards have been adjusted.