[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: 40CFR437.40]

[Page 369-370]
 
                   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).

[[Page 370]]

    (b) In order to ensure appropriate treatment rather than dilution of 
dissimilar wastes, an NPDES permit writer or control authority may 
require a 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.