[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as ofJuly 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR440.144]

[Page 436-437]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 440--ORE MINING AND DRESSING POINT SOURCE CATEGORY--Table of Contents
 
                 Subpart M--Gold Placer Mine Subcategory
 
Sec. 440.144  New source performance standards (NSPS).

    Any new source subject to this subpart must achieve the following 
NSPS representing the degree of effluent reduction attainable by the 
application

[[Page 437]]

of the best available demonstrated technology:
    (a) The volume of process wastewater which may be discharged from an 
open-cut mine plant site shall not exceed the volume of infiltration, 
drainage and mine drainage waters which is in excess of the make up 
water required for operation of the beneficiation process. The 
concentration of pollutants in process wastewaters discharged from an 
open-cut mine plant site shall not exceed:

------------------------------------------------------------------------
                                                             Effluent
                                                          limitations--
                Effluent characteristics                  Instantaneous
                                                             maximum
------------------------------------------------------------------------
Settleable solids......................................         0.2 ml/l
------------------------------------------------------------------------

    (b) The volume of process wastewater which may be discharged from a 
dredge plant site shall not exceed the volume of infiltration, drainage 
and mine drainage waters which is in excess of the make up water 
required for operation of the beneficiation process. The concentration 
of pollutants in process wastewater discharged from a dredge plant site 
shall not exceed:

------------------------------------------------------------------------
                                                             Effluent
                                                          limitations--
                Effluent characteristics                  Instantaneous
                                                             maximum
------------------------------------------------------------------------
Settleable solids......................................         0.2 ml/l
------------------------------------------------------------------------

    (c) Notwithstanding any other provision of this chapter, the 
Regional Administrator or Director of a State agency with authority to 
administer the NPDES program shall in designating new source gold placer 
mines, take into account and base the decision on whether one or more of 
the following factors has occurred after May 24, 1988.
    (1) The mine will operate outside of the permit area which is 
covered by a currently valid NPDES Permit.
    (2) The mine significantly alters the nature or quantity of 
pollutants discharged.
    (3) The mine discharges into a stream into which it has not 
discharged under its currently valid NPDES permit.
    (4) The mine will operate in a permit area that has not been mined 
during the term of the currently valid NPDES permit.
    (5) Such other factors as the Regional Administrator or state 
Director deems relevant.