40 C.F.R. § 403.1

Purpose and applicability

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(a) This part implements sections 204(b)(1)(C), 208(b)(2) (C)(iii), 301(b)(1)(A)(ii), 301(b)(2) (A)(ii), 301(h)(5) and 301(i)(2), 304 (e) and (g), 307, 308, 309, 402(b), 405, and 501(a) of the Federal Water Pollution Control Act as amended by the Clean Water Act of 1977 (Pub. L. 95-217) or “The Act”. It establishes responsibilities of Federal, State, and local government, industry and the public to implement National Pretreatment Standards to control pollutants which pass through or interfere with treatment processes in Publicly Owned Treatment Works (POTWs) or which may contaminate sewage sludge.

(b) This regulation applies:

(1) To pollutants from non-domestic sources covered by Pretreatment Standards which are indirectly discharged into or transported by truck or rail or otherwise introduced into POTWs as defined below in § 403.3;

(2) To POTWs which receive wastewater from sources subject to National Pretreatment Standards;

(3) To States which have or are applying for National Pollutant Discharge Elimination System (NPDES) programs approved in accordance with section 402 of the Act; and

(4) To any new or existing source subject to Pretreatment Standards. National Pretreatment Standards do not apply to sources which Discharge to a sewer which is not connected to a POTW Treatment Plant.

[46 FR 9439, Jan. 28, 1981, as amended at 48 FR 2776, Jan. 21, 1983; 60 FR 33932, June 29, 1995]
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1983–2026 · leading case: National Ass'n of Metal Finishers v. Environmental Protection Agency
National Ass'n of Metal Finishers v. Environmental Protection Agency (1983) ca3 · cites it 3× “The General Pretreatment Regulations The General Pretreatment Regulations for Existing and New Sources of Pollution, 40 C.F.R. § 403.1 .-16 (1982), serve to implement the two types of pretreatment standards.”
United States v. John Borowski (1992) ca1 “” 40 C.F.R. § 403.1 (a). 7 . Any concern for employees reflected in the regulations deals with "downstream” employees, i.”
United States Ex Rel. McElmurray v. Consolidated Government of Augusta-Richmond County (2006) gand “” 40 C.F.R. §§ 403.1 , 403.8. In Georgia, the NPDES permit for each WWTP addresses Industrial Pretreatment standards for that facility and imposes responsibility for monitoring industrial users who contribute to the influent for each facility.”
Bio Energy (Washington) LLC v. King County (2024) wawd “Instead, the regulations establish the responsibility of government entities “to 12 control pollutants which pass through or interfere with treatment processes,” 40 C.F.R. § 403.1 (a), 13 and define “Pass Through” as “a Discharge which exits the POTW into waters of the United…”
United States of America v. Safety-Kleen Systems, Inc. (2026) innd “40 C.F.R. 403.1(a). The pretreatment regulations define, in detail, what constitutes an approvable program under 40 C.”
— 40 C.F.R. § 403.1(a) — 1 case
United States of America v. Safety-Kleen Systems, Inc. (2026) innd “40 C.F.R. 403.1(a). The pretreatment regulations define, in detail, what constitutes an approvable program under 40 C.”
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