Code of Federal Regulations Title 40. Protection of Environment § 40.421.41 Specialized definitions

(a) Except as provided below, the general definitions, abbreviations, and methods of analysis set forth in 40 CFR part 401 apply to this subpart.

(b) In the event that the waste streams covered by this subpart are combined for treatment or discharge with waste streams covered by Subparts E—Primary Electrolytic Copper Refining and/or Subpart I—Metallurgical Acid Plants, the quantity of each pollutant or pollutant property discharged shall not exceed the quantity of each pollutant or pollutant property which could be discharged if each waste stream were discharged separately.

(c) For all impoundments constructed prior to the effective date of the interim final regulation (40 FR 8513), the term “within the impoundment,” when used to calculate the volume of process wastewater which may be discharged, means the water surface area within the impoundment at maximum capacity plus the surface area of the inside and outside slopes of the impoundment dam as well as the surface area between the outside edge of the impoundment dam and any seepage ditch adjacent to the dam upon which rain falls and is returned to the impoundment. For the purpose of such calculations, the surface area allowances set forth above shall not exceed more than 30 percent of the water surface area within the impoundment dam at maximum capacity.

(d) For all impoundments constructed on or after the effective date of the interim final regulation (the interim regulation was effective February 27, 1975;  40 FR 8513, February 27, 1975), the term “within the impoundment,” for purposes of calculating the volume of process wastewater which may be discharged, means the water surface area within the impoundment at maximum capacity.