[Code of Federal Regulations]
[Title 40, Volume 29]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR436.41]

[Page 349]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 436_MINERAL MINING AND PROCESSING POINT SOURCE CATEGORY
--Table of Contents
 
                  Subpart D_Industrial Sand Subcategory
 
Sec. 436.41  Specialized definitions.

    For the purpose of this subpart:
    (a) Except as provided below, the general definitions, 
abbreviations, and methods of analysis set forth in part 401 of this 
chapter shall apply to this subpart.
    (b) The term ``mine dewatering'' shall mean any water that is 
impounded or that collects in the mine and is pumped, drained, or 
otherwise removed from the mine through the efforts of the mine 
operator. This term shall also include wet pit overflows caused solely 
by direct rainfall and ground water seepage. However, if a mine is also 
used for the treatment of process generated waste water, discharges of 
commingled water from the mine shall be deemed discharges of process 
generated waste water.
    (c) The term ``10-year 24-hour precipitation event'' shall mean the 
maximum 24 hour precipitation event with a probable reoccurrence 
interval of once in 10 years. This information is available in ``Weather 
Bureau Technical Paper No. 40,'' May 1961 and ``NOAA Atlas 2,'' 1973 for 
the 11 Western States, and may be obtained from the National Climatic 
Center of the Environmental Data Service, National Oceanic and 
Atmospheric Administration, U.S. Department of Commerce.
    (d) The term ``mine'' shall mean an area of land actively mined for 
the production of sand and gravel from natural deposits.
    (e) The term ``process generated waste water'' shall mean any waste 
water used in the slurry transport of mined material, air emissions 
control, or processing exclusive of mining. The term shall also include 
any other water which becomes commingled with such waste water in a pit, 
pond, lagoon, mine or other facility used for treatment of such waste 
water. The terms does not include waste water used for the suction 
dredging of deposits in a body of water and returned directly to the 
body of water without being used for other purposes or combined with 
other waste water.

[[Page 350]]