40 C.F.R. § 434.61

Commingling of waste streams

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Where waste streams from any facility covered by this part are combined for treatment or discharge with waste streams from another facility covered by this part, the concentration of each pollutant in the combined discharge may not exceed the most stringent limitations for that pollutant applicable to any component waste stream of the discharge.

Notes of Decisions
Cited in 3 cases, 2004–2006 · leading case: Citizens Coal Council & Kentucky Resources Council, Inc. v. United States Env't Prot. Agency, 447 F.3d 879 (6th Cir. 2006).
Citizens Coal Council & Kentucky Resources Council, Inc. v. United States Env't Prot. Agency, 447 F.3d 879 (6th Cir. 2006). · cites it 3× “epted and Commingled Discharges Petitioners also complain that the Final Rule ignores the language and intent of the Rahall Amendment by requiring a pre-existing discharge that is “intercepted by active mining or that is commingled with waste streams from active mining areas for…”
Citizens Coal Council v. United States Env't Prot. Agency, 385 F.3d 969 (6th Cir. 2004). “40 C.F.R. § 434.61 states: Where waste streams from any facility covered by this part are combined for treatment or discharge with waste streams from another facility covered by this part, the concentration of each pollutant in the combined discharge may not exceed the most…”
Citizens Coal v. EPA (6th Cir. 2006). · cites it 3× “ed and Commingled Discharges Petitioners also complain that the Final Rule ignores the language and intent of the Rahall Amendment by requiring a pre-existing discharge that is “intercepted by active mining or that is commingled with waste streams from active mining areas for…”
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