[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as ofJuly 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR436.142]

[Page 357]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 436--MINERAL MINING AND PROCESSING POINT SOURCE CATEGORY--Table of Contents
 
                      Subpart N--Potash Subcategory
 
Sec. 436.142  Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control 
          technology currently available.

    (a) Except as provided in Secs. 125.30 through 125.32, and subject 
to the provisions of paragraph (b) of this section, any existing point 
source subject to this subpart shall achieve the following effluent 
limitations representing the degree of effluent reduction attainable by 
the application of the best practicable control technology currently 
available (BPT): there shall be no discharge of process waste water 
pollutants into navigable waters.
    (b) Only that volume of water resulting from precipitation that 
exceeds the maximum safe surge capacity of a process waste water 
impoundment may be discharged from that impoundment. The height 
difference between the maximum safe surge capacity level and the normal 
operating level must be greater than the inches of rain representing the 
10-year, 24-hour rainfall event as established by the National Climatic 
Center, National Oceanic and Atmospheric Administration for the locality 
in which such impoundment is located.

[40 FR 48657, Oct. 16, 1975, as amended at 60 FR 33968, June 29, 1995; 
60 FR 35796, July 11, 1995]