---
kind: "section"
citation: "40 C.F.R. § 437.10"
title: "40"
number: "437.10"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/437.10"
---

# §437.10. Applicability.

- (a) Except as provided in § [437.1(b)](/cfr/40/437.1.md?p=b), [(c)](/cfr/40/437.1.md?p=c), or [(d)](/cfr/40/437.1.md?p=d) or in [paragraph (b)](#b) of this section, this subpart applies to that portion of the discharge of wastewater from a CWT facility that results from the treatment of, or recovery of metals from, both metal-bearing wastes received from off-site and other CWT wastewater associated with the treatment of, or recovery of metal-bearing wastes.
- (b) In order to ensure appropriate treatment rather than dilution of dissimilar wastes, an NPDES permit writer or control authority may require a new source or an existing facility subject to this subpart to achieve alternative effluent limitations and standards as defined in [§ 437.2(b)](/cfr/40/437.2.md?p=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](/cfr/40.md) subchapter N limitations and standards; and
  - (2) The process wastewater flows received for treatment at the facility have relatively consistent pollutant profiles.

## Notes

### Authority

Authority: 33 U.S.C. 1311, 1314, 1316, 1317, 1318, 1342, and 1361.

### Source

Source: 65 FR 81300, Dec. 22, 2000, unless otherwise noted.