United States            Wastewater Enforcement      EPA 833-B-92-003
                   Environmental Protection      And Compliance          June 1992
                   Agency               (EN-336)
vvEPA          Model Pretreatment
                   Ordinance
                                                     Recycled/Recyclable
                                                     Prtnted on paporthat contains
                                                     at (east 50% recycled fiber

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EPA MODEL PRETREATMENT ORDINANCE
     Office of Wastewater Enforcement and Compliance

                   June 1992
         U.S. Environmental Protection Agency
                401 M Street, SW
              Washington, DC 20460

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                   EPA MODEL PRETREATMENT ORDINANCE
     This Model Pretreatment Ordinance has been prepared by the United States Environmental
Protection Agency (USEPA), Office of Wastewater Enforcement  and Compliance, Permits
Division. It is intended for use by municipalities operating Publicly Owned Treatment Works
(POTWs) that are required to develop pretreatment programs to regulate industrial discharges
to their systems.

     A municipality should not adopt the model verbatim. Instead, the model should be used
as a guide for adopting new or revised legal authority to implement and enforce a pretreatment
program that fulfills requirements set out in the Code of Federal  Regulations (CFR).  The
municipality must consider conditions at its POTW and consult State  law to determine  what
adjustments may need to be made to the model.  Many provisions in the model contain blanks
or brackets;  these indicate that the provision must be adapted to the POTW's circumstances.
Also,  bracketed notes in bold print are  provided for certain  provisions, explaining issues the
municipality must consider when crafting its legal authority.

    Some provisions in the model  are not  strictly required by  the General  Pretreatment
Regulations (40 CFR Part 403); however, they have been included because they may be useful
in ensuring that the municipality has adequate legal authority  to implement effectively its  local
pretreatment program. These provisions are designated as optional. Where a municipality either
must  adopt  a provision  similar to the one  in the model or  develop  its own means  of
accomplishing that section's objective, the section is preceded by a bracketed note explaining the
municipality's options. Other provisions, such as the model's statement of purpose and effective
date, are "necessary" only to the extent  that they are typical of any  local ordinance.

    USEPA Regions and representatives of various States and municipalities provided valuable
comments in helping to prepare this document.  Special thanks are extended to members of the
Association of Metropolitan Sewage Authorities for their  participation  in  the document's
preparation.

    This EPA Model Pretreatment Ordinance also is available on diskette in Word Perfect 5.1
format. It may be obtained by writing to:

                          Pretreatment Ordinance Coordinator
                              Permits Division (EN-336)
                         U.S. Environmental Protection Agency
                      401  M Street, SW,  Washington, DC  20460

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                                   EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)
                             TABLE OF CONTENTS
                                                                           Page

SECTION 1 - GENERAL PROVISIONS	1
   1.1 Purpose and Policy	1
   1.2 Administration  	2
   1.3 Abbreviations	2
   1.4 Definitions	2

SECTION 2 - GENERAL SEWER USE REQUIREMENTS	8
  2.1 Prohibited Discharge Standards	8
  2.2 National Categorical Pretreatment Standards  	10
  2.3 State Pretreatment Standards	11
  2.4 Local Limits	11
  2.5 [City's] Right of Revision  	12
  2.6 Dilution  	13

SECTION 3 - PRETREATMENT OF WASTEWATER	13
  3.1 Pretreatment Facilities	13
  3.2 Additional Pretreatment Measures	13
  3.3 Accidental Discharge/Slug Control Plans  	14
  3.4 Hauled Wastewater	15

SECTION 4 - WASTEWATER DISCHARGE PERMIT APPLICATION	15
  4.1 Wastewater Analysis	15
  4.2 Wastewater Discharge Permit Requirement	16
  4.3 Wastewater Discharge Permitting:  Existing Connections  	16
  4.4 Wastewater Discharge Permitting:  New Connections	16
  4.5 Wastewater Discharge Permit Application Contents	17
  4.6 Application Signatories and Certification   	17
  4.7 Wastewater Discharge Permit Decisions	18

SECTION 5 - WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS	  18
  5.1 Wastewater Discharge Permit Duration 	18
  5.2 Wastewater Discharge Permit Contents 	18
  5.3 Wastewater Discharge Permit Appeals	20
  5.4 Wastewater Discharge Permit Modification	20
  5.5 Wastewater Discharge Permit Transfer	21
  5.6 Wastewater Discharge Permit Revocation	22
  5.7 Wastewater Discharge Permit Reissuance	23
  5.8 Regulation of Waste Received from Other Jurisdictions	23
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                                 EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


                       TABLE OF CONTENTS (Continued)


                                                                        Page

SECTION 6 - REPORTING REQUIREMENTS  	25
  6.1  Baseline Monitoring Reports	25
  6.2  Compliance Schedule Progress Reports  	26
  6.3  Reports on Compliance with Categorical Pretreatment Standard Deadline	27
  6.4  Periodic Compliance Reports	27
  6.5  Reports of Changed Conditions	28
  6.6  Reports of Potential Problems	28
  6.7  Reports from Unpermitted Users  	29
  6.8  Notice of Violation/Repeat Sampling and Reporting	29
  6.9  Notification of the Discharge of Hazardous Waste	29
  6.10 Analytical Requirements	30
  6.11 Sample Collection	30
  6.12 Timing  	31
  6.13 Record Keeping	31

SECTION 7 - COMPLIANCE MONITORING	31
  7.1  Right of Entry:  Inspection and Sampling	31
  7.2  Search Warrants  	32

SECTION 8 - CONFIDENTIAL INFORMATION	33

SECTION 9 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPUANCE ... 33

SECTION 10 - ADMINISTRATIVE ENFORCEMENT REMEDIES	34
  10.1 Notification of Violation	34
  10.2 Consent Orders	35
  10.3 Show Cause Hearing	35
  10.4 Compliance Orders	35
  10.5 Cease and Desist Orders	36
  10.6 Administrative Fines	36
  10.7 Emergency Suspensions	37
  10.8 Termination of Discharge	38

SECTION 11 - JUDICIAL ENFORCEMENT REMEDIES	38
  11.1 Injunctive Relief	38
  11.2 Civil Penalties	39
  11.3 Criminal  Prosecution	39
  11.4 Remedies Nonexclusive	40

SECTION 12 - SUPPLEMENTAL ENFORCEMENT ACTION  	40
  12.1 Performance Bonds [Optional]	40
  12.2 Liability Insurance [Optional]	41

                                     -ii-

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                                 EPA MODEL PRFTREATMENT ORDINANCE (JUNE 1992)


                      TABLE OF CONTENTS (Continued)


                                                                      Page

  12.3  Water Supply Severance [Optional]	41
  12.4  Public Nuisances [Optional]	41
  12.5  Informant Rewards [Optional]  	41
  12.6  Contractor Listing [Optional]	42

SECTION 13 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS	42
  13.1  Upset 	42
  13.2  Prohibited Discharge Standards  	43
  13.3  Bypass  	44

SECTION 14 - WASTEWATER TREATMENT RATES	45

SECTION 15 - MISCELLANEOUS PROVISIONS  	45
  15.1  Pretreatment Charges and Fees [Optional]	45
  15.2  Severability [Optional]	45

SECTION 16 - EFFECTIVE DATE	46
                                    -111-

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                   EPA MODEL PRETREATMENT ORDINANCE


ORDINANCE NO.


SECTION 1 - GENERAL PROVISIONS

1.1  Purpose and Policy

     This ordinance sets forth uniform requirements for users of the Publicly Owned Treatment

Works for the [CHy of	]  and enables [the City] to comply with all applicable State and

Federal laws, including the Clean Water Act (33 United States Code § 1251 tt stq.} and the

General Pretreatment Regulations (40 Code of Federal Regulations Part 403). The objectives

of this ordinance are:
     A.   To prevent the introduction of pollutants into the Publicly Owned Treatment Works
          that will interfere with its operation;

     B.   To prevent the introduction of pollutants into the Publicly Owned Treatment Works
          that will pass through the Publicly Owned Treatment Works, inadequately treated,
          into  receiving waters,  or  otherwise  be incompatible with  the  Publicly Owned
          Treatment Works;

     C.   To protect both Publicly Owned Treatment Works personnel who may be affected by
          wastewater and sludge in the course of their employment and the general public;

     D.   To promote reuse and recycling of industrial wastewater and sludge from the Publicly
          Owned Treatment Works;

     E.   To  provide  for  fees  for  the  equitable distribution  of the cost of operation,
          maintenance, and improvement of the Publicly Owned Treatment Works; and

     F.   To enable [the Chy] to comply  with its National  Pollutant Discharge Elimination
          System permit conditions,  sludge  use  and disposal requirements, and any  other
          Federal or State laws to which the Publicly Owned Treatment Works is subject.
     This ordinance shall apply to all users of the Publicly Owned Treatment Works.  The
ordinance authorizes the issuance of wastewater discharge permits; provides for monitoring,

compliance, and enforcement activities; establishes administrative review procedures; requires

user reporting; and provides for the setting of fees for the equitable distribution of costs resulting

from the program established herein.

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                                     EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)
1.2 Administration
     Except as otherwise provided herein,  [the Superintendent] shall administer, implement,
and enforce the provisions of this ordinance.  Any powers granted to or duties imposed upon
[the Superintendent] may be delegated by [the Superintendent] to other [City] personnel.

1.3 Abbreviations
The following abbreviations, when used in  this ordinance, shall have the designated meanings:

     •  BOD   - Biochemical Oxygen Demand
     •  CFR    - Code of Federal Regulations
     •  COD   - Chemical Oxygen Demand
     •  EPA    - U.S. Environmental Protection Agency
     *  SPd     - gallons per day
     •  mg/1    - milligrams per liter
     •  NPDES  -National Pollutant Discharge Elimination System
     •  POTW - Publicly Owned Treatment Works
     •  RCRA  - Resource Conservation  and Recovery Act
     •  SIC     - Standard Industrial Classification
     •  TSS    - Total Suspended Solids
     •  U.S.C. - United States Code

1.4 Definitions
     Unless a provision explicitly states otherwise, the following terms and phrases, as used in
this ordinance, shall  have the meanings hereinafter designated.
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                                 EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


[Note:  Each of the terms and phrases defined below are used at least once in the
ordinance. When the municipality adopts its final version of the ordinance,  it should
delete from this Section all terms not used.]
A.   Act or 'the Act." The Federal Water Pollution Control Act, also known as the Clean
     Water Act, as amended, 33 U.S.C. § 1251 et seq.

B.   Approval Authority. [Note:  Designate the State as the Approval Authority if the
     State has an EPA-approved pretreatment program.  Alternatively, designate the
     appropriate Regional  Administrator of  EPA  as  the Approval Authority  in  a
     nonapproved State.]

C.   Authorized Representative of the User.

     (1)  If the user is a corporation:

          (a)  The president, secretary, treasurer, or a vice-president of the corporation in
              charge of a principal business function, or any other person who performs
              similar policy or decision-making functions for the corporation; or

          (b)  The manager of one  or more manufacturing, production, or  operation
              facilities employing  more than two hundred fifty (250) persons or having
              gross annual sales or expenditures  exceeding twenty-five (25) million dollars
              (in second-quarter 1980  dollars),  if authority to sign documents has been
              assigned  or delegated to  the manager  in  accordance  with  corporate
              procedures.

     (2)  If the  user is  a partnership  or sole proprietorship:  a general  partner or
          proprietor, respectively.

     (3)  If the user is a Federal, State, or local  governmental facility:  a director or
          highest  official  appointed  or  designated to oversee  the operation  and
          performance of the activities of the government facility, or their designee.

     (4)  The individuals described  in paragraphs 1 through 3,  above,  may  designate
          another  authorized  representative if the  authorization  is  in writing,  the
          authorization specifies the individual or position responsible for  the overall
          operation of the facility  from which the discharge originates or having overall
          responsibility for environmental matters for  the company, and  the written
          authorization is submitted to [the City].

D.   Biochemical Oxygen Demand or BOD.   The quantity  of oxygen  utilized in the
     biochemical oxidation of organic matter under standard laboratory procedures for five
     (5) days  at 20° centigrade,  usually expressed  as a concentration (e.g., mg/1).
                                     -3-

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                                 EPA MODEL PRFTREATMENT ORDINANCE (JUNE 1992)
E.   Catctoricftl  PretTMtpfflU  Sttn49ri ^  Categorif^  StflfldSfd    Any  regulation
     containing pollutant discharge limits promulgated by EPA in accordance with Sections
     307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of
     users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

F.   FCitvl.  [The City of _ ] or [the City Council of _ ].

G.   Environmental  Protection  Agency  or EPA.  The U.S. Environmental  Protection
     Agency or, where appropriate, the Regional Water Management Division Director,
     or other duly authorized official of said agency.

H.   Existing Source.  Any source of discharge,  the construction or  operation of which
     commenced  prior to the publication by EPA of proposed categorical  pretreatment
     standards, which will be  applicable to  such source  if the standard  is thereafter
     promulgated in accordance with Section 307 of the Act.

I.    Grab Sample.  A sample which is taken from a wastestream without regard to the
     flow in the wastestream and over a period of time not to exceed fifteen (IS) minutes.

J.    Indirect Discharge or Discharge. The introduction of pollutants into the POTW from
     any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.
K.   InsttnttnWUS Mrcifl*mni Allowable Discharge Limit.  The maximum concentration
     of a pollutant allowed to be discharged at any time, determined from the analysis of
     any discrete or composited sample collected, independent of the industrial flow rate
     and the duration of the sampling event.

L.   Interference.  A discharge,  which  alone or  in conjunction  with a discharge  or
     discharges from other sources, inhibits or disrupts the POTW, its treatment processes
     or operations or its sludge processes, use or disposal; and therefore, is a cause of a
     violation of [the City's] NPDES permit or of the prevention of sewage sludge use
     or disposal in compliance with any of the following statutory/regulatory provisions
     or permits issued thereunder, or any  more stringent State or  local regulations:
     Section 405 of the Act; the Solid Waste Disposal Act, including Title n commonly
     referred  to as the Resource Conservation and Recovery  Act (RCRA);  any State
     regulations contained in  any  State sludge management  plan prepared pursuant to
     Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances
     Control Act; and the Marine Protection, Research, and Sanctuaries Act.

M.  Medical Waste. Isolation wastes, infectious agents, human blood and blood products,
     pathological wastes,  sharps,  body parts, contaminated  bedding, surgical wastes,
     potentially contaminated laboratory wastes, and dialysis wastes.

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                                  EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)
N.   New Source.
     (1)  Any building, structure, facility, or installation from which there is (or may be)
          a discharge of  pollutants,  the  construction of which commenced  after the
          publication of proposed pretreatment standards under Section 307(c) of the Act
          which will  be  applicable to such source if such standards  are  thereafter
          promulgated in accordance with that section, provided that:

          (a)  The building,  structure, facility, or installation is constructed at a site at
              which no other source is located; or

          (b)  The building, structure, facility, or installation  totally replaces the process
              or production equipment that  causes the discharge of pollutants  at  an
              existing source; or

          (c)  The  production or  wastewater  generating  processes of  the  building,
              structure, facility, or installation are substantially independent of an existing
              source at  the same site.  In determining whether these are substantially
              independent, factors  such as  the extent to  which  the  new facility is
              integrated with the existing plant, and the extent to which the new facility
              is engaged in the same general type of activity as the existing source, should
              be considered.

     (2)  Construction  on a site at which an existing source  is  located results  in  a
          modification rather than a new source if the construction does not create a new
          building, structure, facility, or installation meeting the criteria of Section (l)(b)
          or (c) above but otherwise alters, replaces,  or adds to existing process  or
          production equipment.

     (3)  Construction of  a new source  as defined  under this paragraph has commenced
          if the owner or operator has:

          (a)  Begun, or caused  to  begin,  as part of a continuous onsite construction
              program

              (i) any placement, assembly, or installation of facilities or equipment; or

              (ii) significant site preparation work including clearing, excavation,  or
                 removal of existing buildings, structures, or facilities which is necessary
                 for the placement, assembly, or installation of new source facilities or
                 equipment; or
                                      -5-

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                                 EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


          (b)  Entered into a binding contractual obligation for the purchase of facilities
              or  equipment which are intended to be used  in  its operation  within  a
              reasonable time.  Options to purchase or contracts which can be terminated
              or  modified without  substantial  loss,  and   contracts  for  feasibility,
              engineering, and design studies do not constitute a contractual obligation
              under this paragraph.

O.   Noncontact Cooling Water.  Water used for cooling which does not come into direct
     contact with any  raw material, intermediate  product, waste  product, or  finished
     product.

P.   PaM Through   A discharge which exits the POTW into waters of the United States
     in quantities or concentrations  which,  alone or in conjunction with a discharge or
     discharges from other sources,  is a cause of a violation of any requirement of [the
     City's] NPDES permit,  including an  increase in  the magnitude or duration of  a
     violation.

Q.   Eejscn-  Any individual, partnership,  copartnership, firm,  company, corporation,
     association, joint stock company, trust, estate, governmental entity, or any other legal
     entity; or their legal representatives, agents, or assigns.  This definition includes all
     Federal, State, and local governmental entities.

R.   pH- A measure of the acidity or alkalinity of a solution, expressed in standard units.

S.   Pollutant. Dredged spoil, solid waste,  incinerator residue, filter backwash,  sewage,
     garbage, sewage sludge,  munitions, medical  wastes, chemical  wastes, biological
     materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand,
     cellar dirt, municipal, agricultural and  industrial wastes,  and certain  characteristics
     of wastewater (e.g., pH, temperature,  TSS, turbidity, color, BOD, COD, toxicity,
     or odor).

T.   Pretreatment.    The  reduction  of  the amount  of pollutants, the elimination of
     pollutants, or the alteration of the nature of pollutant properties in wastewater prior
     to,  or in lieu  of,  introducing such pollutants  into the POTW.  This reduction or
     alteration can be obtained by physical, chemical, or biological processes; by process
     changes; or by other means, except by diluting the concentration of the pollutants
     unless allowed by an applicable pretreatment standard.

U.   Pretreatment Requirements.  Any  substantive or procedural requirement related to
     pretreatment imposed on a user, other  than a pretreatment standard.

V.   Pretreatment Standards or Standards.  Pretreatment standards shall mean prohibited
     discharge standards, categorical pretreatment standards, and local limits.
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                                 EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)
W.  Prohibited Discharge Standards  °f  Prohibited Discharges.   Absolute prohibitions
     against the discharge of certain substances; these prohibitions appear in Section 2.1
     of this ordinance.

X.   Publicly Owned Treatment Works or POTW.  A "treatment works," as defined by
     Section 212 of the Act (33 U.S.C. §1292)  which is owned by  [the CHy].   This
     definition includes any devices or systems used in the collection, storage, treatment,
     recycling, and reclamation of sewage or industrial wastes of a liquid nature and any
     conveyances which convey wastewater to a treatment plant.

Y.   Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets,
     campers, trailers, and septic tanks.

Z.   Sewage.    Human  excrement and gray  water (household  showers,  dishwashing
     operations, etc.).
AA. Significant Industrial User.

     (1)  A user subject to categorical pretreatment standards; or

     (2)  A user that:

          (a) Discharges an average of twenty-five thousand (25,000) gpd or more of
             process wastewater to the POTW (excluding sanitary, noncontact cooling,
             and boiler blowdown wastewater);

          (b) Contributes a process wastestream which makes up five (5) percent or more
             of the average dry weather hydraulic or organic capacity of the POTW
             treatment plant; or

          (c) Is designated as such by [the City]  on  the basis that it has a reasonable
             potential for adversely affecting the POTW's operation or for violating any
             pretreatment standard or requirement.

     (3)  Upon a finding  that a user  meeting the criteria  in Subsection (2) has no
          reasonable  potential  for adversely affecting the POTW's  operation or  for
          violating any pretreatment standard or requirement, [the City] may at any time,
          on its own  initiative or in response to a  petition received from a user, and in
          accordance with procedures in 40 CFR 403.8(0(6), determine that such user
          should not be considered a significant industrial user.

BB.  Slug Load or Slug.  Any discharge at a flow rate or concentration which could  cause
     a violation of the prohibited  discharge standards in Section 2.1 of this ordinance.
                                     -7-

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                                     EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


     CC.  Standard  Indn^a] riassificarion (SIO Code.   A classification punuant  to the
          Standard  Industrial Classification Manual issued by  the United  States  Office of
          Management and Budget.

     DD.  Storm Water.   Any flow occurring during or following any  form  of natural
          precipitation, and resulting from such precipitation, including snowmelt.

     EE.  fSuperintendent!. The person designated by [the CHy] to  supervise the operation
          of the POTW, and who is charged with certain duties and responsibilities by this
          ordinance, or a duly authorized representative.

     FF.  Suspended Solids. The total suspended matter that floats on the  surface of, or is
          suspended in,  water, wastewater, or other liquid,  and which  is  removable by
          laboratory filtering.

     GG.  User or Industrial User.  A source of indirect discharge.

     HH.  Wastewater.  Liquid and water-carried industrial wastes and  sewage from residential
          dwellings, commercial  buildings, industrial and  manufacturing facilities,  and
          institutions, whether treated or untreated, which are contributed to the POTW.

     n.   Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which
          is designed to provide treatment of municipal sewage and industrial waste.
SECTION 2 - GENERAL SEWER USE REQUIREMENTS

2.1 Prohibited Discharge Standards

     A.   General Prohibitions.  No user shall introduce or cause  to be introduced into the
          POTW any pollutant or wastewater which causes pass through or interference.  These
          general prohibitions apply to all users of the POTW whether or not they are subject
          to  categorical  pretreatment  standards  or  any other National,  State, or  local
          pretreatmem standards or requirements.

     B.   Specific Prohibitions.  No user shall introduce or cause  to be introduced into the
          POTW the following pollutants, substances, or wastewater:

          (1)  Pollutants which create a fire or explosive hazard in the POTW, including, but
              not limited to, wastestreams with a closed-cup  flashpoint of less than  140°F
              (60°C) using the test methods specified in 40 CFR 261.21;

          (2)  Wastewater  having a pH less than 5.0 (or more than	], or otherwise
              causing corrosive structural damage to the POTW or equipment;
              [Note:  The municipality should be aware that the General Pretreatment
              Regulations at 40 CFR 403.5(b) do not set an upper pH limit, although many


                                         -8-

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                                       EPA MODEL PRFTREATMENT ORDINANCE (JUNE 1992)


               municipalities find such a limit necessary or useful.  If the municipality wishes
               to set an upper pH limit, it should insert one in this section.  Any pH above
               12.5 is considered hazardous under 40 CFR 261.22.]

          (3)  Solid or viscous substances  in amounts which will cause obstruction of the flow
               in the POTW resulting in  interference [but  in no case solids greater  than
               	   inch(es)  (	")  or 	  centimeter(s)  (	  cm)   in  any
               dimension];

          (4)  Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a
               discharge at a flow rate and/or pollutant concentration which, either  singly or
               by interaction with other pollutants, will cause interference with the POTW;

          (5)  Wastewater having a temperature greater than [	°F (	°QJ, or which will
               inhibit biological activity in the treatment plant resulting in interference, but in
               no case wastewater which causes the temperature at the introduction into the
               treatment plant to exceed 104°F (40°C);

          (6)  Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin,
               in amounts that will cause interference  or pass through;

          (7)  Pollutants which result in the presence of toxic gases, vapors, or fumes within
               the POTW in  a quantity  that may cause acute worker  health  and safety
               problems;

          (8)  Trucked  or hauled pollutants, except at discharge points designated by  [the
               Superintendent] in accordance with Section 3.4 of this ordinance;

[Note: Discharge prohibitions B. (1) through B. (8) are mandatory and must be included in the
ordinance; discharge prohibitions B.(9) through  B.(17) below are optional.]

          (9)  Noxious or malodorous liquids, gases, solids, or other wastewater which, either
               singly or by interaction  with other wastes, are sufficient to create  a public
               nuisance  or a hazard to life, or to prevent entry into the sewers for maintenance
               or repair,

          (10) Wastewater which imparts  color  which cannot be removed by the treatment
               process, such as, but not limited to, dye wastes and vegetable tanning solutions,
               which consequently imparts color to the treatment  plant's  effluent, thereby
               violating  [the City's] NPDES permit;

          (11) Wastewater containing any radioactive wastes or isotopes except in compliance
               with applicable State or Federal regulations;

          (12) Storm water, surface water, ground water, artesian  well water, roof runoff,
               subsurface drainage, swimming pool drainage, condensate, deionized water,
                                          -9-

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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


               noncontact  cooling  water,  and  unpolluted  wastewater,  unless  specifically
               authorized by [the Superintendent];

          (13) Sludges,  screenings,  or other residues  from the pretreatment of industrial
               wastes;

          (14) Medical wastes, except as specifically authorized by [the Superintendent] in a
               wastewater discharge permit;

          (IS) Wastewater causing, alone or in conjunction with  other sources, the treatment
               plant's effluent to fail a toxicity test;

          (16) Detergents,  surface-active agents, or  other substances  which  may  cause
               excessive foaming in the POTW;

          (17) Fats, oils, or greases of animal or vegetable origin in concentrations greater than
               [	   (	)mg/I]; [Note: Numeric Units for these pollutants may be
               placed in Section 2.4.] or

          (18) Wastewater causing two readings on an explosion  hazard meter at  the point of
               discharge into the POTW, or at any point in the POTW,  of more than [	
               percent (	%)] or any single reading over [	percent (	%)] of the
               Lower Explosive Limit of the meter.
     Pollutants, substances, or wastewater prohibited by this section shall not be processed or
stored in such a manner that they could be discharged to the POTW.


2.2 National Categorical Pretreatment Standards

     The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts

405-471 are hereby incorporated. [Note: State procedures for incorporation by reference must
be followed.]
     A.   Where a categorical pretreatment standard is expressed only in terms of either the
          mass or the concentration of a pollutant in wastewater, [the Superintendent]  may
          impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

     B.   When wastewater  subject to a categorical pretreatment standard  is  mixed  with
          wastewater not regulated by the same standard, [the Superintendent] shall impose
          an alternate limit using the combined wastestream formula in 40 CFR 403.6(e).
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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


     C.   A user may obtain a variance from a categorical pretreatment standard if the user can
          prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that
          factors  relating  to  its  discharge  are  fundamentally  different  from  the  factors
          considered by EPA  when developing  the categorical pretreatment standard.

     D.   A user may obtain a net gross adjustment to a categorical standard in accordance with
          40 CFR 403.15.
2.3  State Pretreatment Standards

     [State pretreatment standards located at [insert appropriate cite to State statute or
regulation] are hereby incorporated.]
     [Note: In the ease of an Approved State, the ordinance should incorporate applicable
     State pretreatment standards. Even \fthe State does not have an approved program, the
     ordinance should incorporate State pretreatment standards which are more stringent than
     the categorical pretreatment standards.]
2.4 Local Limits

     [Note:  Municipalities may need to establish limits for some or all of the pollutants listed
     below, and may need to set limits for pollutants not listed below. The municipality must
    provide  public notice and  an opportunity to respond  to  interested parties.   This
     requirement applies whether local limits are set by ordinance or on a case-by-case basis.

     The municipality may set omits as instantaneous maximums or for other durations (e.g.,
     daily maximums or monthly averages). The municipality should define these durations
     in its definition section.}
     The  following  pollutant limits are established  to  protect against  pass through and
interference.   No person  shall discharge wastewater  containing in  excess of the following
[instantaneous nMvfannm allowable discharge limits] :
         mg/1 arsenic

         mg/1 benzene

         mg/1 beryllium

         mg/1 BOD$


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                                     EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)

     	mg/1 cadmium
     	mg/1 chromium
     	mg/1 copper
     	mg/1 cyanide
     	mg/1 lead
     	mg/1 mercury
     	mg/1 nickel
     	mg/1 oil and grease
     	mg/1 selenium
     	mg/1 silver
     	mg/1 total phenols
     	mg/1 total suspended solids
     	mg/1 zinc

     The above limits apply at the point where the wastewater is discharged to the POTW.  All
concentrations for metallic substances are for "total" metal unless indicated  otherwise.  [The
Superintendent] may impose mass limitations in addition to, or in place of, the concentration-
based limitations above.

2.5  [City's] Right of Reriskm
     [The City] reserves the right to establish, by ordinance or in wastewater discharge permits,
more stringent standards or requirements  on discharges to the POTW.
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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)
2.6  Dilution
     No user shall ever increase the use of process water, or in any way attempt to dilute a
discharge, as a partial or complete substitute for adequate treatment to achieve compliance with
a discharge limitation unless expressly authorized by an applicable pretreatment standard or
requirement.  [The Superintendent] may impose mass limitations  on users  who are  using
dilution to meet applicable pretreatment standards or requirements, or in other  cases when  the
imposition of mass limitations is appropriate.

SECTION 3 - PRETREATMENT OF WASTEWATER
3.1  Pretreatment Facilities
     Users shall provide wastewater treatment as necessary to comply with this ordinance and
shall achieve compliance  with  all categorical pretreatment  standards,  local limits, and  the
prohibitions set out in Section 2.1 of this ordinance within the time limitations specified by EPA,
the State, or [the  Superintendent], whichever is more stringent.  Any facilities necessary  for
compliance shall be provided, operated, and maintained at the user's expense.  Detailed  plans
describing such facilities and operating procedures shall  be submitted to [the Superintendent]
for review, and  shall be acceptable  to  [the Superintendent]  before  such facilities  are
constructed. The review of such plans and operating procedures shall in no way relieve the user
from  the responsibility of modifying  such  facilities as necessary  to produce a  discharge
acceptable to [the City] under the provisions of this ordinance.

3.2  Additional Pretreatment Measures
     [Note: These provisions an optional.  The municipality may provide legal authority to
     do the following.]
     A.   Whenever deemed necessary, [the Superintendent] may require users to restrict their
          discharge during peak flow periods, designate that certain wastewater be discharged
          only  into specific sewers,  relocate and/or consolidate points of discharge, separate
          sewage wastestreams  from industrial wastestreams,  and such other conditions as may
          be necessary to protect  the POTW  and determine the user's compliance with  the
          requirements of this ordinance.
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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)
     B.   [The Superintendent] may require any person discharging into the POTW to install
          and  maintain, on their property and at their expense, a suitable storage and flow-
          control facility to ensure equalization of flow.  A wastewater discharge permit may
          be issued solely  for flow equalization.

     C.   Grease, oil, and sand interceptors shall be  provided when, in the opinion of [the
          Superintendent], they are necessary for the proper handling of wastewater containing
          excessive amounts of grease and oU, or sand; except that such interceptors shall not
          be required for residential users.  All interception units shall be of type and capacity
          approved by [the Superintendent] and shall be so located to be easily accessible for
          cleaning and inspection.  Such interceptors shall be inspected, cleaned, and repaired
          regularly, as  needed,  by the user at their expense.

     D.   Users with the potential to discharge flammable substances may be required to install
          and  maintain an  approved combustible gas detection meter.
3.3  Accidental Discharge/Slug Control Plans

     At least once every two  (2) years,  [the Superintendent] shall  evaluate whether each

significant industrial user needs an accidental discharge/slug control plan. [The Superintendent]

may require any  user  to develop,  submit for  approval,  and  implement  such a plan.

Alternatively,  [the Superintendent] may develop such a plan for any user.   An  accidental

discharge/slug control plan shall address, at a minimum, the following:


     A.   Description of discharge practices,  including nonroutine batch discharges;

     B.   Description of stored chemicals;

     C.   Procedures for immediately notifying [the Superintendent] of any accidental  or slug
          discharge, as required by Section 6.6 of this ordinance;  and

     D.   Procedures to prevent adverse impact from any accidental or slug discharge. Such
          procedures include,  but are not limited to,  inspection and maintenance  of  storage
          areas, handling and transfer of materials, loading and unloading operations,  control
          of plant site runoff, worker training, building of containment structures or equipment,
          measures for containing toxic organic pollutants, including solvents, and/or measures
          and equipment for emergency response.
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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)
3.4  Hauled Waste water
     [Note: The municipality must ensure that hauled industrial waste is adequately regulated
     and should consider taking measures to ensure that haulers of septic tank waste are not
     introducing industrial waste to the POTW.   The following is one possible means of
     regulating hauled waste.]

     A.   Septic tank waste may be introduced into the POTW only at locations designated by
          [the Superintendent], and at such times as are established by [the Superintendent].
          Such waste shall not violate  Section 2 of this ordinance or any other requirements
          established by [the CHy].  [The Superintendent]  may require septic tank waste
          haulers to obtain wastewater  discharge permits.

     B.   [The Superintendent] shall require haulers of industrial waste to obtain wastewater
          discharge permits. [The Superintendent] may require generators of hauled industrial
          waste to obtain wastewater  discharge permits.  [The  Superintendent]  also may
          prohibit the disposal of hauled industrial waste. The discharge of hauled industrial
          waste is subject to all other requirements of this ordinance.

     C.   Industrial  waste haulers  may discharge  loads only at locations designated  by [the
          Superintendent].   No  load  may  be discharged  without prior consent  of [the
          Superintendent].  [The  Superintendent] may collect samples of each hauled load
          to ensure compliance with applicable standards.  [The Superintendent] may require
          the industrial waste hauler to provide a waste analysis of any load prior to discharge.

     D.   Industrial  waste haulers  must provide a waste-tracking  form  for every load.  This
          form shall include,  at a minimum, the name and  address of the industrial waste
          hauler, permit number, truck identification, names and addresses of sources of waste,
          and volume and characteristics of waste.   The  form shall identify the  type of
          industry, known or suspected waste constituents, and whether any wastes are RCRA
          hazardous wastes.
SECTION 4 - WASTEWATER DISCHARGE PERMIT APPLICATION

[Note:  The municipality must control significant industrial users by permits or equivalent
individual  control mechanisms.   Sections  4 and  5 detail one means of fulfilling  this
requirement.]

4.1 Wastewater Analysis

     When requested by [the Superintendent], a user must submit information on the nature

and characteristics of its wastewater within  [	  (	)] days of the request.  [The

Superintendent] is authorized to prepare a form for this purpose and may periodically require

users to update this information.

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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)

4.2  Wastewater Discharge Permit Requirement
     A.   No significant industrial user shall discharge wastewater into the POTW without first
          obtaining a wastewater discharge permit from [the Superintendent], except that a
          significant industrial user that has filed a timely application pursuant to Section 4.3
          of this ordinance may continue to discharge for the time period specified therein.
     B.   [The  Superintendent] may require other users  to  obtain  wastewater discharge
          permits as necessary to carry out the purposes of this ordinance.
     C.   Any violation of the terms and conditions of a wastewater discharge permit shall be
          deemed a violation of this ordinance and subjects the wastewater discharge permittee
          to the sanctions set out in Sections 10 through  12 of this ordinance.  Obtaining a
          wastewater discharge permit does not relieve a permittee of its obligation to comply
          with all Federal and State pretreatment standards or requirements or with any other
          requirements of Federal, State, and local law.
4.3  Wastewater Discharge Permitting: Existing Connections
     Any user required to obtain a wastewater discharge permit who was discharging wastewater
into  the POTW prior to the effective date of this ordinance and who wishes to continue such
discharges  in the future,  shall,  within [	(	)] days after said date, apply to [the
Superintendent]  for  a wastewater discharge permit in  accordance with  Section 4.5 of this
ordinance,  and shall not cause or allow discharges to the POTW to continue after [	
(	)] days of the effective date of this ordinance except in accordance with a wastewater
discharge permit issued by [the Superintendent].

4.4  Wastewater Discharge Permitting: New Connections
     Any user  required to obtain a wastewater discharge permit who proposes to begin  or
recommence discharging into the POTW must obtain such permit prior to the beginning  or
recommencing of such discharge.   An  application for this wastewater discharge permit,  in
accordance with Section 4.5 of this ordinance, must be filed at least [	(	)] days prior
to the date  upon which any discharge will begin or recommence.
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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


4.5  Wastewater Discharge Permit Application Contents

     All users required to obtain a  wastewater discharge permit must  submit a  permit

application. [The Superintendent] may require all users to submit as part of an application the

following information:


     A.    All information required by  Section 6.1(6) of this ordinance;

     B.    Description of activities, facilities, and plant processes on the premises, including a
           list of all raw materials and chemicals used or stored at the facility which are,  or
           could accidentally or intentionally be, discharged to the POTW;

     C.    Number and type of employees, hours of operation, and proposed  or actual hours of
           operation;

     D.    Each product produced by type,  amount,  process  or processes,  and rate  of
           production;

     £.    Type and amount of raw materials processed (average and maximum per day);

     F.    Site plans, floor plans, mechanical and plumbing plans, and  details to show all
           sewers, floor drains,  and  appurtenances by size, location,  and elevation,  and all
           points of discharge;

     G.    Time and duration of discharges; and

     H.    Any other  information as  may be deemed necessary by  [the Superintendent]  to
           evaluate the wastewater discharge permit application.


Incomplete or inaccurate applications will not be processed and will be returned to the user for

revision.
4.6  Application Signatories and Certification

     All  wastewater discharge permit applications and user  reports must  be signed by an

authorized representative of the user and contain the following certification statement:
     "I certify under penalty of law that this document and all attachments were prepared
     under my direction or supervision in accordance with a system designed to assure that
     qualified personnel properly gather and evaluate the information submitted.  Based
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                                     EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


     on my inquiry of the person or persons who manage the system, or those persons
     directly responsible for gathering the information, the information submitted is, to the
     best of my knowledge and belief, true, accurate, and complete. I am aware that there
     are significant penalties for submitting false information, including the possibility of
     fine and imprisonment for knowing violations."


4.7  Wastewater Discharge Permit Decisions

     [The Superintendent] will evaluate the data  furnished by  the user and may require

additional information.  Within [	(	)] days of  receipt  of a  complete  wastewater

discharge permit application, [the Superintendent]  will determine whether or not to issue a

wastewater discharge permit. [The Superintendent]  may deny any application for a wastewater

discharge permit.


SECTION 5 - WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS

5.1  Wastewater Discharge Permit Duration

     A wastewater discharge permit shall be issued  for a specified time period, not to exceed

five  (5) years from the effective date of the permit.  A wastewater discharge permit may be

issued for a period less than five (5) years, at the discretion of [the Superintendent].  Each
wastewater discharge permit will indicate a specific date upon which  it will expire.


5.2  Wastewater Discharge Permit Contents

     A wastewater discharge permit shall include such conditions as are  deemed reasonably

necessary by [the Superintendent] to prevent pass through or interference, protect the quality

of the water body  receiving the treatment plant's effluent, protect worker health  and safety,

facilitate sludge management and disposal, and protect  against damage to the POTW.


     A.   Wastewater discharge permits must contain:

          (1)   A statement that indicates  wastewater discharge permit duration, which in no
               event shall exceed  [	(	)] years  [not more than five];

          (2)   A statement that the wastewater discharge permit is nontransferable without
               prior notification to [the City] in accordance with Section 5.5 of this ordinance,
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                                 EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


          and provisions for furnishing  the new owner or operator with a copy of the
          existing wastewater discharge  permit;

     (3)  Effluent limits based on applicable pretreatment standards;

     (4)  Self monitoring,  sampling,   reporting,   notification,   and  record-keeping
          requirements. These requirements shall include an identification of pollutants
          to be monitored, sampling location, sampling frequency, and sample type based
          on Federal, State, and local law; and

     (5)  A  statement  of  applicable civil and criminal  penalties  for violation of
          pretreatment  standards and requirements,  and any applicable compliance
          schedule.  Such schedule may not extend the time for compliance beyond that
          required by applicable Federal, State, or local law.

B.   Wastewater discharge permits may contain, but need not be limited to, the following
     conditions:

     (1)  Limits on  the average and/or  maximum rate of discharge, time of discharge,
          and/or requirements for flow regulation and equalization;

     (2)  Requirements for the installation of pretreatment technology,  pollution control,
          or  construction  of appropriate  containment  devices,  designed to  reduce,
          eliminate,  or prevent the introduction of pollutants into the treatment works;

     (3)  Requirements for the development and  implementation of spill control plans or
          other special conditions including management practices necessary to adequately
          prevent accidental, unanticipated, or  nonroutine discharges;

     (4)  Development  and implementation of waste  minimization plans to reduce  the
          amount of pollutants discharged to the  POTW;

     (5)  The unit charge or schedule of user charges and fees for the management of the
          wastewater discharged to the POTW;

     (6)  Requirements for  installation  and maintenance  of inspection  and  sampling
          facilities and equipment;

     (7)  A statement that compliance with the wastewater discharge permit does  not
          relieve the permittee of responsibility  for compliance with all applicable Federal
          and State pretreatment standards, including those which become effective during
          the term of the wastewater discharge permit; and

     (8)  Other conditions as deemed appropriate by [the Superintendent] to ensure
          compliance with  this  ordinance,  and  State and  Federal  laws, rules,  and
          regulations.
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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)



5.3  Wastewater Discharge Permit Appeals

     [The Superintendent] shall provide public notice of the issuance of a wastewater discharge

permit.  Any person, including the user, may petition [the Superintendent] to reconsider the

terms of a wastewater discharge permit within [	(	)] days of notice of its issuance.
     A.   Failure to submit a timely petition for review shall be deemed to be a waiver of the
          administrative appeal.

     B.   In its petition, the appealing party must indicate the wastewater discharge permit
          provisions objected to, the reasons for this objection, and the alternative condition,
          if any, it seeks to place in the wastewater discharge permit.

     C.   The effectiveness of the wastewater discharge permit shall not be stayed pending the
          appeal.

     D.   If [the Superintendent] fails to  act within I	 (	)] days,  a request for
          reconsideration shall  be deemed  to be denied.   Decisions not  to  reconsider a
          wastewater discharge permit, not to issue a wastewater  discharge permit, or not to
          modify a wastewater discharge permit shall be considered final administrative actions
          for purposes of judicial review.

     E.   Aggrieved  parties  seeking judicial review  of the final administrative wastewater
          discharge permit decision must do so by filing a complaint with the [insert name of
          appropriate  Court] for [proper jurisdiction] within  [insert appropriate  State
          Statute of Limitations].
5.4  Wastewater Discharge Permit Modification

     [The  Superintendent]  may  modify a  wastewater discharge  permit for good  cause,
including, but not limited to,  the following reasons:
     A.   To incorporate any new or revised Federal, State, or local pretreatment standards or
          requirements;

     B.   To address significant alterations or additions to the user's operation,  processes, or
          wastewater volume or character  since the  time of  wastewater  discharge  permit
          issuance;

     C.   A change in the POTW that requires either a temporary  or permanent reduction or
          elimination of the authorized discharge;

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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


     D.   Information indicating that the permitted discharge poses  a threat to  [the City's]
          POTW, [Chy] personnel, or the receiving waters;

     E.   Violation of any terms or conditions of the wastewater discharge permit;

     F.   Misrepresentations or failure to fully disclose all relevant facts in the wastewater
          discharge permit application or in any required reporting;

     G.   Revision of or a grant of variance from categorical pretreatment standards pursuant
          to 40 CFR 403.13;

     H.   To correct typographical or other errors in the wastewater discharge permit; or

     I.    To reflect  a  transfer of the  facility ownership or operation to a new  owner or
          operator.
          [Note:  Modification for this purpose may not be allowed unless the  permit is
          transferable as provided in Section 5.5.7


5.5  Wastewater Discharge Permit Transfer

     Wastewater discharge permits may be transferred to a new owner or operator only if the
permittee gives at least [	(	)] days advance notice to [the Superintendent] and [the
Superintendent] approves  the wastewater discharge  permit transfer.  The notice  to [the

Superintendent] must include  a written certification by the new owner or operator which:
     A.   States that the new owner and/or operator has no immediate intent to change the
          facility's operations and processes;

     B.   Identifies the specific date on which the transfer is to occur; and

     C.   Acknowledges  full responsibility  for  complying  with the  existing wastewater
          discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as
of the date of facility transfer.
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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1997)


5.6  Wastewater Discharge Permit Revocation

     [The  Superintendent]  may  revoke a wastewater discharge  permit  for  good  cause,

including, but not limited to,  the following reasons:


     A.   Failure to notify [the Superintendent] of significant changes to the wastewater prior
          to the changed discharge;

     B.   Failure to provide prior notification to  [the Superintendent] of changed conditions
          pursuant to Section 6.5 of this ordinance;

     C.   Misrepresentation  or failure to fully disclose all relevant facts in the wastewater
          discharge permit application;

     D.   Falsifying self-monitoring reports;

     E.   Tampering with monitoring equipment;

     F.   Refusing to allow  [the Superintendent] timely access to  the facility premises and
          records;

     G.   Failure to meet effluent limitations;

     H.   Failure to pay fines;

     I.    Failure to pay sewer charges;

     J.    Failure to meet compliance schedules;

     K.   Failure to complete  a wastewater  survey or  the  wastewater discharge permit
          application;

     L.   Failure to provide advance notice of the transfer of business ownership of a permitted
          facility; or

     M.   Violation of  any  pretreatment standard  or  requirement, or any terms of the
          wastewater discharge permit or this ordinance.


     Wastewater discharge permits shall be voidable upon cessation of operations or transfer of

business ownership.  All wastewater discharge permits issued to a particular user are void upon

the issuance of a new wastewater discharge permit to that user.
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                                     EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


5.7 Wastewater Discharge Permit Reissuance

     A user with an expiring wastewater discharge permit shall apply for wastewater discharge

permit reissuance by submitting a complete permit application, in accordance with Section 4.5
of this ordinance, a minimum of [	(	)] days prior to the  expiration of the user's
existing wastewater discharge permit.


5.8 Regulation of Waste Received from Other Jurisdictions

    [Note: The municipality must ensure that discharges received from entities outside of Us
    jurisdictional boundaries an regulated to the same extent as an discharges from within
    its jurisdictional boundaries.  How a municipality regulates such discharges largely will
    be determined by what is allowed under its State law.  The municipality must determine
    the extent of its authority under State law to regulate  users located outside of its
    jurisdictional boundaries.  If the municipality does not have the legal authority to issue
    enforceable permits directly to  extrajurisdictional dischargers  and cannot obtain  this
    authority under State  law, it should strongly consider entering  into an agreement with
    the municipality in which the dischargers an located. The agreement would require that
    the contributing municipality either regulate the dischargers within its jurisdiction directly
    or allow the municipality (in which the POTW is located) to regulate such dischargers.
    Following is  one possible  means  of regulating  dischargers  located outside of the
    municipality's jurisdictional boundaries.]
     A.   If another municipality, or user  located within  another municipality, contributes
          wastewater to the POTW,  [the Superintendent] shall enter into an intermunicipal
          agreement with the contributing municipality.

     B.   Prior  to  entering  into  an agreement  required  by  paragraph  A,  above, [the
          Superintendent] shall  request the following information  from the contributing
          municipality:

          (1)  A description of the quality and volume of wastewater discharged to the POTW
              by the contributing municipality;

          (2)  An inventory of all users located within  the contributing municipality that are
              discharging to the POTW; and

          (3)  Such other information as [the Superintendent] may deem necessary.
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                                 EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


C.   An intermunicipal agreement, as required by paragraph A, above, shall contain the
     following conditions:

     (1)  A requirement for the contributing municipality to adopt a sewer use ordinance
          which is at least as stringent as this ordinance and local limits which are at least
          as stringent as those set out in Section 2.4 of this ordinance. The requirement
          shall specify that such ordinance and limits must be revised as necessary to
          reflect changes made to [the City's] ordinance or local limits;

     (2)  A  requirement  for  the  contributing municipality to submit a  revised  user
          inventory on at least an annual basis;

     (3)  A provision specifying which pretreatment implementation activities, including
          wastewater  discharge   permit  issuance,  inspection   and  sampling,  and
          enforcement, will be conducted by the contributing municipality; which of these
          activities will be conducted  by [the Superintendent];  and which  of these
          activities will be conducted jointly by the contributing municipality and  [the
          Superintendent];

     (4)  A requirement for the contributing municipality to provide [the Superintendent]
          with access to all information that the contributing municipality obtains as part
          of its pretreatment activities;

     (5)  Limits on the nature, quality, and volume of the contributing  municipality's
          wastewater at the point where it discharges to the POTW;

     (6)  Requirements for monitoring the contributing municipality's discharge;

     (7)  A provision ensuring [the Superintendent] access to the facilities  of users
          located within the contributing municipality's jurisdictional  boundaries for the
          purpose of inspection, sampling, and any other duties deemed necessary by  [the
          Superintendent]; and

     (8)  A provision specifying  remedies  available  for  breach of the terms  of the
          intermunicipal agreement.
          [Not*:  When the contributing municipality has primary responsibility for
          permitting, compliance monitoring,  or enforcement,  the intermunicipal
          agreement should specify that the municipality (in which the POTW is located)
          has the right to take legal action  to enforce the terms of the contributing
          municipality's ordinance or to impose and enforce pretreatment standards and
          requirements directly  against noncomptiant  dischargers  in  the event the
          contributing jurisdiction is unable or unwilling to take such action.]
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                                     EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


SECTION 6 • REPORTING REQUIREMENTS

6.1 Baseline Monitoring Reports

     A.   Within either one hundred eighty (180) days after the effective date of a categorical
          pretreatment standard, or the final administrative decision on a category determination
          under 40 CFR 403.6(a)(4),  whichever is later, existing categorical  users currently
          discharging  to or  scheduled  to  discharge to  the  POTW  shall submit to [the
          Superintendent] a report which  contains  the information listed in paragraph  B,
          below.  At least ninety (90) days prior to commencement of their discharge, new
          sources, and sources that become categorical users subsequent to the promulgation
          of an applicable categorical standard, shall submit to [the Superintendent] a report
          which contains the information listed  in paragraph  B,  below. A new source shall
          report the method of pretreatment it intends to use to meet  applicable categorical
          standards. A new source also shall give estimates of its anticipated flow and quantity
          of pollutants to be discharged.

     B.   Users described above shall  submit the information set forth below.

          (1)   Identifying Information.  The name and address of the  facility, including the
               name of the operator and owner.

          (2)   Environmental Permits.  A list of any environmental control permits held by or
               for the facility.

          (3)   Description of Operations.  A brief description of the nature, average rate of
               production, and standard industrial classifications of the operation(s) carried out
               by such user.  This description should include a schematic process diagram
               which indicates points of discharge to the POTW from the regulated processes.

          (4)   Flow Measurement.  Information  showing the measured  average  daily  and
               maximum daily flow, in gallons per day, to the POTW from regulated process
               streams and  other streams, as  necessary, to allow use of the  combined
               wastestream formula set out in  40 CFR 403.6(e).

          (5)   MCflffllFffment of Pollutants.

               (a) The categorical pretreatment standards applicable to each regulated process.

               (b) The  results  of sampling   and  analysis  identifying  the  nature  and
                  concentration,  and/or mass,  where required  by the standard or by [the
                  Superintendent], of regulated pollutants in the  discharge from each
                  regulated process.  Instantaneous,  daily maximum, and long-term average
                  concentrations, or mass, where required, shall be reported.  The sample
                  shall  be  representative  of daily  operations  and  shall be analyzed in
                  accordance with procedures set out in Section 6.10 of this ordinance.
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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)
               (c) Sampling must be performed in accordance with procedures set  out  in
                  Section 6.11 of this ordinance.

          (6)  Certification- A statement, reviewed by the user's authorized representative and
               certified by a qualified professional, indicating whether pretreatment standards
               are being met on a consistent basis, and, if not, whether additional operation
               and maintenance (O&M) and/or additional pretreatment is required to meet the
               pretreatment standards and requirements.

          (7)  Compliance Schedule. If additional pretreatment and/or O&M will be required
               to meet the pretreatment standards, the shortest schedule by which  the user will
               provide such additional pretreatment and/or O&M.  The completion date in this
               schedule  shall not be  later than  the  compliance date established for the
               applicable pretreatment  standard.  A compliance schedule pursuant to this
               section must meet the requirements set out in Section 6.2 of this ordinance.

          (8)  Signature and Certification.  All baseline monitoring reports must be signed and
               certified in accordance with Section 4.6 of this ordinance.
6.2 Compliance Schedule Progress Reports

     The  following conditions  shall apply to the  compliance schedule required by Section
6.1(6)(7) of this ordinance:
     A.   The  schedule shall  contain progress increments in  the  form of  dates  for  the
          commencement and  completion of major events  leading to the construction and
          operation of  additional pretreatment required for  the  user to meet  the applicable
          pretreatment  standards (such events include,  but are not limited  to, hiring an
          engineer, completing preliminary and final  plans, executing contracts for major
          components, commencing and completing construction, and beginning and conducting
          routine operation);

     B.   No increment referred to above shall exceed nine (9) months;

     C.   The  user shall submit a progress report to [the Superintendent]  no later than
          fourteen  (14) days following  each  date in the  schedule and  the  final date of
          compliance including, as a minimum, whether or not it complied with the increment
          of progress, the reason for any delay, and, if appropriate, the steps being taken by
          the user to return to the established schedule; and

     D.   In no event shall more than nine (9) months elapse  between such progress reports to
          [the Superintendent].
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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


6.3  Reports on Compliance with Categorical Pretreatment Standard Deadline

     Within ninety (90) days following the date for final compliance with applicable categorical
pretreatment  standards, or in  the case of  a  new  source following  commencement of the
introduction of wastewater into the POTW, any user subject to such pretreatment standards and
requirements shall submit to [the Superintendent] a report containing the information described
in Section 6. l(B)(4-6) of this ordinance. For users subject to equivalent mass or concentration
limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain
a reasonable  measure of the user's long-term production rate.  For all other users subject to
categorical pretreatment standards expressed  in terms of allowable pollutant discharge per unit
of production (or other measure of operation),  this report shall include the user's actual
production during the appropriate sampling period. All compliance reports must be signed and
certified in accordance with Section 4.6 of this ordinance.


6.4  Periodic Compliance Reports

     [Note: Municipalities may sample and analyze user discharges in lieu of requiring the
     users to conduct sampling and  analysis.]

     A.   All  significant  industrial  users  shall,  at  a  frequency  determined  by  [the
          Superintendent] but in no case less than twice per year (in June and December),
          submit a report indicating the nature and concentration of pollutants in the discharge
          which are limited by pretreatment standards and the measured or estimated average
          and maximum daily flows  for the reporting period.  All periodic compliance reports
          must be signed and certified in accordance with Section 4.6 of this ordinance.

     B.   All wastewater samples must be representative of the user's  discharge. Wastewater
          monitoring and flow measurement facilities shall be properly operated, kept clean,
          and maintained in good working order at all times.  The failure of a user to keep its
          monitoring facility in good working order shall not be grounds for the user to claim
          that sample results are unrepresentative of its  discharge.

     C.   If a user subject to the reporting requirement  in this section monitors any pollutant
          more  frequently than  required by  [the Superintendent],  using  the procedures
          prescribed in Section 6.11 of this ordinance, the results of this monitoring shall be
          included in the report.
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6.5 Reports of Changed Conditions

     Each user must notify  [the Superintendent] of any planned significant changes  to the

user's operations or system which might alter the nature, quality, or volume of its wastewater

at least I	(	)] days before the change.
     A.   [The Superintendent] may require the user to submit such information as may be
          deemed necessary to evaluate the changed condition, including the submission of a
          wastewater discharge permit application under Section 4.5 of this ordinance.

     B.   [The Superintendent] may issue a wastewater discharge permit under Section 4.7
          of this ordinance or modify an existing wastewater discharge permit under Section
          5.4 of this ordinance in response to changed conditions or anticipated changed
          conditions.

     C.   For purposes of this requirement, significant changes include, but are not limited to,
          flow increases of [	  percent  (	%)] or greater, and  the discharge  of any
          previously unreported pollutants. [Note:  EPA regulations do not define the term
          "significant change." However, it is recommended that changes of twenty percent
          (20%) or greater be considered significant changes.]
6.6 Reports of Potential Problems

     A.   In the case of any discharge, including, but not limited to, accidental discharges,
          discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a
          slug load,  that  may  cause potential problems for  the POTW, the  user  shall
          immediately telephone and  notify [the Superintendent] of  the  incident.   This
          notification shall include the location of the discharge, type of waste, concentration
          and volume, if known, and corrective actions taken by the user.

     B.   Within five (5) days following such discharge, the user shall, unless waived by [the
          Superintendent], submit a detailed written  report describing the cause(s) of the
          discharge and the measures to  be taken  by the user  to prevent similar future
          occurrences.   Such notification  shall  not  relieve  the user of any expense,  loss,
          damage, or other liability which may be incurred as a result of damage to the POTW,
          natural resources,  or any other damage to person or  property; nor  shall  such
          notification relieve the user of any fines, penalties, or other liability which may be
          imposed pursuant to this ordinance.  [Note:  This report is not required under the
          General Pretreatment Regulations and, therefore, is optional.]

     C.   A notice shall be permanently posted on the user's bulletin board or other prominent
          place advising employees  whom to call in the  event of a discharge described in
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                                     EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


          paragraph A, above. Employers shall ensure that all employees, who may cause such
          a discharge to occur, are advised of the emergency notification procedure.


6.7  Reports from Unpermitted Users

     All users not required to obtain a wastewater discharge permit shall provide appropriate

reports to [the Superintendent] as [the Superintendent] may require.


6.8  Notice of Violation/Repeat Sampling and Reporting

     If  sampling performed by a  user  indicates a violation,  the user  must  notify [the

Superintendent] within twenty-four (24) hours of becoming aware of the violation.  The user

shall also repeat the sampling and analysis and submit the results of the repeat analysis to [the

Superintendent] within thirty (30) days after becoming aware of the violation.  The user is not

required  to resample if [the Superintendent] monitors at the user's facility at least once a

month, or if [the Superintendent] samples between the user's initial sampling and when the user

receives the results of this sampling.


6.9  Notification of the Discharge of Hazardous Waste

     [Note: The municipality may choose to prohibit the discharge of hazardous wastes.]
     A.   Any user who commences the discharge of hazardous waste shall notify the POTW,
          the EPA Regional Waste Management Division Director, and State hazardous waste
          authorities, in writing, of any discharge  into the POTW of a substance which,  if
          otherwise disposed of, would be a hazardous waste under 40 CFR Part 261.  Such
          notification must include the name of the hazardous waste as set forth in 40 CFR Part
          261, the EPA hazardous waste number, and the type of discharge (continuous, batch,
          or other).   If the user discharges more than one hundred (100)  kilograms of such
          waste per calendar month to the POTW,  the  notification also shall  contain the
          following information to the extent such information is known and readily available
          to the user:  an identification of the hazardous constituents contained in the wastes,
          an estimation of the mass and concentration of such constituents  in the wastestream
          discharged during that calendar month, and an estimation of the mass of constituents
          in the wastestream  expected to be discharged  during the following twelve (12)
          months.  All notifications must take place no later than one hundred and eighty (180)
          days after the discharge commences.  Any notification under this paragraph need be
          submitted only once for each hazardous waste discharged.  However, notifications
          of changed conditions must be submitted  under Section 6.5 of this ordinance. The

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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


          notification requirement in this section does not apply to pollutants already reported
          by users subject  to categorical pretreatment standards under  the  self-monitoring
          requirements of Sections 6.1, 6.3, and 6.4 of this ordinance.

     B.   Dischargers are exempt from the requirements of paragraph A, above,  during a
          calendar month in which  they discharge no more than fifteen (15)  kilograms of
          hazardous wastes, unless the wastes are acute hazardous wastes as  specified in 40
          CFR 261.30(d) and 261.33(e).  Discharge of more than fifteen (15)  kilograms of
          nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous
          wastes  as  specified  in 40  CFR 261.30(d) and  261.33(e), requires a  one-time
          notification. Subsequent months during which the user discharges more than such
          quantities of any hazardous waste do not require additional notification.

     C.   In the  case of any  new  regulations under Section 3001  of RCRA  identifying
          additional characteristics of hazardous waste or listing any additional substance as a
          hazardous waste,  the user must notify [the Superintendent], the  EPA  Regional
          Waste Management Waste Division Director, and State hazardous waste authorities
          of the discharge of such substance within ninety  (90) days of the effective date of
          such regulations.

     D.   In the case of any notification made under this section, the user shall  certify that it
          has a program  in place to  reduce  the volume and toxicity of hazardous  wastes
          generated to the degree it has determined to be economically practical.

     E.   This provision does  not create a right to discharge any substance not otherwise
          permitted to be discharged by this ordinance,  a  permit issued  thereunder, or any
          applicable Federal or State law.
6.10  Analytical Requirements

     All pollutant analyses,  including sampling techniques,  to be submitted as part of a
wastewater discharge permit application or report shall be performed in accordance with  the
techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical
pretreatment standard.  If 40 CFR Part 136 does not contain sampling or analytical techniques
for the  pollutant in question, sampling and analyses must be performed in accordance with
procedures approved by EPA.


6.11  Sample Collection

     A.   Except as indicated in Section B, below,  the user must collect wastewater samples
          using flow  proportional composite collection techniques.    In  the  event flow
          proportional sampling is infeasible, [the Superintendent] may authorize the use of

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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)

          time proportional sampling or a minimum of four (4) grab samples where the user
          demonstrates that this  will provide a representative sample of the effluent being
          discharged.  In addition, grab samples may be required to show compliance with
          instantaneous discharge limits.
     B.   Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile
          organic compounds must be obtained using grab collection techniques.
6.12  Timing
     Written reports will  be deemed to have been submitted on the date postmarked.   For
reports which are not mailed, postage prepaid, into a mail facility serviced by the United States
Postal Service,  the date of receipt of the report shall govern.

6.13  Record Keeping
     Users subject  to  the reporting requirements of this  ordinance shall retain,  and make
available for inspection and copying,  all records  of information obtained  pursuant  to  any
monitoring activities required by this ordinance and any  additional records of information
obtained pursuant  to  monitoring  activities undertaken by  the user independent of  such
requirements. Records shall include the date, exact place, method, and time  of sampling, and
the name of the person(s) taking the samples; the dates analyses were performed; who performed
the analyses;  the analytical techniques or methods used; and the results of such analyses. These
records  shall remain available for a period of at least three (3) years.  This period shall be
automatically extended for the duration of any litigation concerning the user or [the City], or
where the  user has  been  specifically  notified  of  a  longer retention  period by  [the
Superintendent].

SECTION 7 - COMPLIANCE MONITORING
7.1 Right of Entry:  Inspection and Sampling
     [The Superintendent] shall have the right to enter  the premises of any user to determine
whether the user is complying with all requirements of this  ordinance and any  wastewater
discharge permit or order issued hereunder.  Users shall allow [the Superintendent] ready
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access to all parts of the premises for the purposes of inspection, sampling, records examination
and copying,  and the performance of any additional duties.
     A.   Where a user has security measures in force which require proper identification and
          clearance before entry into its premises, the user shall make necessary arrangements
          with its security guards so that, upon presentation of suitable identification, [the
          Superintendent] will be  permitted  to enter without delay for the purposes of
          performing specific responsibilities.

     B.   [The Superintendent] shall have the right to set up on the user's property, or require
          installation of, such devices as are necessary to conduct sampling and/or metering of
          the user's operations.

     C.   [The  Superintendent] may require the user  to install monitoring equipment as
          necessary.  The facility's sampling and monitoring equipment shall be maintained at
          all times in a safe and proper operating condition by the user at its own expense. All
          devices used to measure wastewater  flow and quality  shall be calibrated [insert
          desired frequency] to ensure their accuracy.

     D.   Any temporary or permanent obstruction to safe and easy access to the facility to be
          inspected and/or sampled shall be promptly removed by the user at the written or
          verbal request of [the Superintendent] and shall not be replaced.  The costs of
          clearing such access shall be born by the user.

     E.   Unreasonable delays in allowing [the Superintendent] access to the user's premises
          shall be a violation  of this ordinance.
7.2  Search Warrants

     If [the Superintendent] has been refused access to a building, structure, or property, or

any part thereof, and is able to demonstrate probable  cause to believe that there may be a
violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine

inspection and sampling program of [the City] designed to verify compliance with this ordinance
or any permit or order  issued hereunder, or to protect the overall public health, safety and

welfare of the community, then [the Superintendent] may seek issuance of a search warrant
from the [insert name of appropriate Court] of [the City].
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                                     EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)

SECTION 8 - CONFIDENTIAL INFORMATION
     Information and data on a user obtained from reports, surveys, wastewater discharge permit
applications,  wastewater  discharge  permits,  and  monitoring  programs, and from  [the
Superintendent's] inspection and sampling activities, shall be available to the public without
restriction, unless the user specifically requests,  and is able to demonstrate to the satisfaction of
[the Superintendent], that the release of such information would divulge information, processes,
or methods of production entitled to protection as trade secrets under applicable State law. Any
such request must be asserted  at the time of submission of the information or data.   When
requested and demonstrated by the user furnishing a report that such information should be held
confidential, the portions of a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public, but shall be made available immediately upon
request  to  governmental  agencies for uses  related to the NPDES program or pretreatment
program,  and in  enforcement  proceedings involving the person  furnishing the  report.
Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR
2.302 will  not be recognized as confidential information and will  be available  to the public
without restriction.

SECTION 9 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
     [The Superintendent] shall publish annually,  in the largest daily newspaper published in
the municipality where the POTW is located, a list of the users which, during the previous
twelve  (12) months, were in significant noncompliance with applicable pretreatment standards
and requirements.  The term significant noncompliance shall mean:
     A.   Chronic violations of wastewater discharge limits, defined here as those in which
          sixty-six percent (66%) or more of wastewater measurements taken during a six- (6-
          )month period exceed the daily maximum limit or average limit for the same pollutant
          parameter by any amount;
     B.   Technical Review Criteria (TRC) violations, defined here as those in which thirty-
          three percent (33%) or more of wastewater measurements taken for each pollutant
          parameter during a six- (6-)month period equals or exceeds the product of the daily
          maximum limit or the average limit multiplied by the applicable criteria (1.4 for
          BOD, TSS, fats, oils and grease, and  1.2 for all other pollutants except pH);
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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


     C.   Any other discharge violation that [the Superintendent] believes has caused, alone
          or in combination with other  discharges, interference  or  pass through, including
          endangering the health of POTW personnel or the general public;

     D.   Any discharge of pollutants that has caused imminent endangerment to the public or
          to the environment,  or has resulted in [the Superintendent's] exercise of its
          emergency authority to halt or prevent such a discharge;

     E.   Failure to meet, within ninety (90) days of the scheduled  date, a compliance schedule
          milestone contained in a  wastewater discharge permit or enforcement order  for
          starting construction, completing construction, or attaining  final compliance;

     F.   Failure to provide within thirty (30) days after the due  date, any required reports,
          including baseline  monitoring reports,   reports  on compliance  with  categorical
          pretreatment standard  deadlines, periodic self-monitoring  reports, and  reports on
          compliance with compliance schedules;

     G.   Failure to accurately report noncompliance; or

     H.   Any other violation(s) which [the Superintendent] determines will adversely affect
          the operation or implementation of the local pretreatment program.
SECTION 10 - ADMINISTRATIVE ENFORCEMENT

[Note:  The municipality must refer to State law to see if the remedies listed in Sections 10,
11, and 12 an allowable.  The municipality must have the authority to seek injunctive relief
for noncompliance and to seek or assess penalties of at least $1,000 a day for each violation
of pretreatment standards or requirements by industrial users.]

10.1  Notification of Violation

     When [the Superintendent] finds  that a user has violated,  or continues to violate, any
provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any
other pretreatment standard or requirement, [the Superintendent] may serve upon that user a
written  Notice of Violation. Within [	(	)] days of the receipt of this notice, an
explanation of the violation and a plan  for the satisfactory correction and prevention thereof, to
include specific required actions, shall  be submitted  by the user  to  [the Superintendent].
Submission of  this plan in no way  relieves the user of liability  for any violations occurring
before or after  receipt  of  the Notice of Violation.   Nothing in this  section shall limit  the
authority of [the Superintendent] to take any action, including emergency actions or any other
enforcement action, without first issuing a Notice of Violation.

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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)
10.2  Consent Orders
     [The Superintendent] may enter into Consent Orders, assurances of voluntary compliance,
or  other  similar  documents  establishing an  agreement  with  any user  responsible  for
noncompliance.  Such documents will include specific action to be taken by the user to correct
the noncompliance within a time period specified by the document. Such documents shall have
the same force and effect as the administrative orders issued pursuant to Sections 10.4 and 10.5
of this ordinance and shall be judicially enforceable.

10.3  Show Cause Hearing
     [The Superintendent] may order a user which has violated, or continues to violate, any
provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any
other pretreatment standard or requirement, to appear  before [the Superintendent] and show
cause why the proposed enforcement action should not  be taken.  Notice shall be served on the
user specifying the time and place for the meeting, the proposed enforcement action,  the reasons
for such action, and a  request  that the user show cause why the proposed enforcement action
should not be taken.  The notice of the meeting  shall be served personally or by registered or
certified mail (return receipt requested) at least [	(	)] days prior to the hearing.  Such
notice may be served on any authorized representative of the user.  A show cause hearing shall
not be a bar against, or prerequisite for, taking any other action against the user.

10.4  Compliance Orders
     When [the Superintendent] finds that a user has violated,  or continues to violate, any
provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any
other pretreatment standard or requirement, [the Superintendent] may issue an order to the user
responsible for  the discharge directing that the user come into compliance within  a specified
time.  If the user does  not come into compliance within the time provided,  sewer service may
be discontinued unless adequate treatment facilities, devices, or other related appurtenances are
installed and properly  operated.  Compliance orders also may contain other requirements to
address the  noncompliance, including  additional  self-monitoring and management practices
designed to minimize the amount of pollutants discharged to the sewer.  A compliance order may
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                                       EPA MODEL PRETREATMENT ORD[NANCE (JUNE 1997)
not extend the deadline for compliance established for a pretreatment standard or requirement,

nor does  a  compliance order relieve the  user of liability for any violation, including any

continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite

for, taking any other action against the user.
10.5  Cease and Desist Orders

     When [the Superintendent] finds that a user has violated, or continues to violate, any

provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any

other pretreatment standard or requirement, or that the user's past violations are likely to recur,

[the Superintendent] may issue  an order to the user directing it to cease and desist all such
violations and directing the user to:


     A.   Immediately comply with all requirements; and

     B.   Take such appropriate remedial or preventive action as may be needed to properly
          address a continuing or threatened  violation, including halting operations and/or
          terminating  the discharge.


Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any

other action against the user.


10.6  Administrative Fines

     [Note: The municipality should consult State law to determine whether it has the legal
     authority to impose administrative penalties.]

     A.   When [the Superintendent] finds that a user has  violated, or continues to violate,
          any provision of this  ordinance,  a  wastewater discharge permit or order  issued
          hereunder, or any other pretreatment standard or requirement, [the Superintendent]
          may fine such user in an amount not to exceed [insert maximum fine allowed under
          State Law].  Such fines shall be assessed on a per violation, per day basis.  In the
          case of monthly or other long term average discharge limits, fines  shall be assessed
          for each day during the period of violation.

     B.   Unpaid charges, fines, and penalties shall, after [	(	)] calendar days, be
          assessed an  additional  penalty of [	percent (	%)] of the unpaid balance,
          and interest shall accrue thereafter at  a rate of [	percent (	%)] per month.


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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


          A  lien against the user's property will be sought for unpaid charges, fines, and
          penalties.

     C.   Users  desiring  to  dispute  such  fines must  file  a written request  for  [the
          Superintendent] to reconsider the fine along with full payment of the fine amount
          within I	(	)] days of being notified of the fine. Where a request has merit,
          [the Superintendent] may convene a hearing on the matter. In the event the user's
          appeal is successful, the payment, together with any interest accruing thereto, shall
          be returned  to the user.  [The Superintendent] may add the costs of preparing
          administrative enforcement actions, such as notices and orders, to the fine.

     D.   Issuance of an administrative fine shall  not be a bar against, or a prerequisite for,
          taking any other action against the user.


10.7  Emergency Suspensions

     [The Superintendent] may immediately suspend a user's discharge, after informal notice

to the user, whenever such suspension is necessary to  stop an actual or threatened discharge

which reasonably appears to present or cause an imminent or substantial endangerment to the

health or welfare of persons. [The Superintendent] may also immediately suspend a user's

discharge, after notice and opportunity to respond, that threatens to interfere with the operation

of the POTW, or which presents, or may present, an endangerment to the environment.
     A.   Any user notified of a suspension of its discharge shall immediately stop or eliminate
          its contribution.  In the event of a user's failure to immediately comply voluntarily
          with the  suspension order, [the Superintendent] may take such steps as deemed
          necessary, including immediate severance of the  sewer connection, to prevent or
          minimize damage to the POTW, its receiving stream, or endangerment to any
          individuals.  [The Superintendent] may allow the  user to recommence its discharge
          when the user has demonstrated to the satisfaction  of [the Superintendent] that the
          period of endangerment has passed, unless the termination proceedings in Section
          10.8 of this ordinance are initiated against the user.

     B.   A user that is responsible, in whole or in part, for any discharge presenting imminent
          endangerment shall submit a detailed written statement, describing the causes of the
          harmful contribution and the measures taken to prevent any future occurrence, to [the
          Superintendent] prior to the date of any show cause or termination hearing under
          Sections 10.3 or 10.8 of this ordinance.
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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)

Nothing in this  section shall be interpreted as requiring a hearing prior  to any emergency
suspension under this section.

10.8  Termination of Discharge
     In addition to the provisions in Section 5.6 of this ordinance, any user who violates the
following  conditions is subject to discharge termination:

     A.   Violation of wastewater discharge permit conditions;
     B.   Failure to accurately report the wastewater constituents and characteristics of its
          discharge;
     C.   Failure to report significant changes in operations or wastewater volume, constituents,
          and characteristics prior to discharge;
     D.   Refusal of reasonable access to the user's premises for the purpose of inspection,
          monitoring,  or sampling; or
     E.   Violation of the pretreatment standards in Section 2 of this ordinance.

Such  user will be notified of the proposed termination  of its discharge  and  be offered an
opportunity to show cause under Section 10.3 of this ordinance why the proposed action should
not be taken.   Exercise of this option by [the Superintendent] shall  not be a bar to, or a
prerequisite for, taking any other action against the user.

SECTION 11 - JUDICIAL ENFORCEMENT REMEDIES
11.1  Injunctive Relief
     When [the Superintendent] finds that a user has violated, or continues to violate, any
provision  of this ordinance, a wastewater discharge permit, or order issued hereunder, or any
other pretreatment standard or requirement, [the Superintendent] may petition the [insert name
of appropriate  Court] through [the City's]  Attorney  for the issuance of a temporary or
permanent injunction, as appropriate, which restrains or compels the specific performance of the
wastewater discharge permit, order, or other requirement imposed by this ordinance on activities
of the user.  [The Superintendent]  may also seek such other action as is appropriate for legal

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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


and/or equitable relief,  including  a requirement  for the user to  conduct environmental

remediation.  A petition for injunctive relief shall not be a bar against,  or a prerequisite for,

talcing any other action against a user.


11.2  Civil Penalties

     [Note:  The municipality must have the minimum authority  to seek civil or criminal
     penalties in the amount of at least $1,000 per day per violation.]
     A.   A user who has violated, or continues to violate, any provision of this ordinance, a
          wastewater discharge permit, or order issued hereunder, or any other pretreatment
          standard or requirement shall be liable to [the City] for a maximum civil penalty of
          [insert maximum allowed under State law but not less than $1,000] per violation,
          per day.  In the case of a monthly  or other  long-term average discharge limit,
          penalties shall accrue for each day during the period of the violation.

     B.   [The Superintendent] may recover reasonable attorneys' fees, court costs, and other
          expenses associated with enforcement  activities, including sampling and monitoring
          expenses,  and the cost of any actual damages incurred by [the City].

     C.   In determining  the  amount of civil liability, the Court  shall take into account all
          relevant circumstances, including, but not limited to, the extent of harm caused by
          the violation, the magnitude and duration  of the violation, any economic benefit
          gained through  the  user's violation, corrective actions by the user, the compliance
          history of the user,  and any other factor as justice requires.

     D.   Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking
          any other  action against a user.
11.3 Criminal Prosecution

     [Note:  The municipality should enact all criminal authorities authorized under State
     law.]
     A.   A  user  who  willfully  or  negligently violates any provision  of this ordinance, a
          wastewater discharge permit, or order issued hereunder, or any other pretreatment
          standard or requirement  shall,  upon  conviction, be  guilty of a misdemeanor,
          punishable by a fine of not more than [insert maximum fine allowed under State
          law] per violation,  per day,  or  imprisonment for not  more than [	(	)]
          years, or both.
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                                     EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


     B.   A user who willfully or negligently introduces any substance into the POTW which
          causes personal injury or property damage shall, upon conviction, be guilty of a
          [misdemeanor] and be  subject to  a penalty of at least [insert  maximum fine
          allowable under State law], or be subject to  imprisonment  for  not more than
          [	(	)] years, or both. This penalty shall be in addition to any other cause
          of action for personal injury or property damage  available under State law.

     C.   A user who knowingly makes any false statements, representations, or certifications
          in any application, record, report, plan, or other documentation filed, or required to
          be maintained, pursuant to this ordinance,  wastewater discharge  permit, or order
          issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any
          monitoring device or method required under this  ordinance shall,  upon conviction,
          be punished by a fine of not more than [insert mavfaniiin fine allowable under State
          law] per violation, per day,  or imprisonment for not more than [	(	)]
          yean, or both.

     D.   In the event of a second conviction, a user shall be punished by a fine of not more
          than [insert maximum fine allowable under State law] per violation, per  day, or
          imprisonment for not more than [	(	)]  years, or both.
11.4 Remedies Nonexclusive

     The remedies provided for in this ordinance are not exclusive.  [The Superintendent] may
take any, all, or any combination of these actions against a noncompliant user.  Enforcement of
pretreatment violations will generally be in accordance with [the City's] enforcement response
plan.   However,  [the  Superintendent] may take other action  against any user when the
circumstances warrant.   Further, [the Superintendent] is empowered to take more than one
enforcement action against any noncompliant user.


SECTION 12 - SUPPLEMENTAL ENFORCEMENT ACTION

12.1 Performance  Bonds [Optional]

     [The Superintendent] may decline to issue or reissue a wastewater discharge permit to any
user who has failed to comply with any provision of this ordinance, a previous wastewater
discharge permit, or order issued hereunder, or any other pretreatment standard or requirement,
unless such user first files a satisfactory bond, payable to  [the City], in a sum not to exceed a
value determined by [the Superintendent] to be necessary to achieve consistent compliance.
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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)

12.2  Liability Insurance [Optional]
     [The Superintendent] may decline to issue or reissue a wastewater discharge permit to any
user who has failed to comply with any provision of this ordinance, a previous wastewater
discharge permit, or order issued hereunder, or any other pretreatment standard or requirement,
unless the user first submits proof that it has obtained financial assurances sufficient to restore
or repair damage to the POTW caused by its discharge.

12.3  Water Supply Severance [Optional]
     Whenever a user has violated or continues to violate any provision of this ordinance, a
wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or
requirement, water service to the user may be severed.  Service will only recommence, at the
user's expense, after it has satisfactorily demonstrated its ability to comply.

12.4  Public Nuisances [Optional]
     A violation of any provision of this ordinance, a wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement is hereby declared a public
nuisance and shall be corrected or abated as directed by [the Superintendent].  Any person(s)
creating a public nuisance shall be subject to the provisions of [the CHy Code]  [insert proper
citation] governing  such nuisances, including reimbursing [the City] for any costs incurred in
removing, abating, or remedying said nuisance.

12.5 Informant Rewards [Optional]
     [The Superintendent] may pay up to [	dollars ($	)] for information leading to
the discovery of noncompliance by a user. In the event that the information provided results in
a civil penalty [or an administrative fine] levied against the user, [the Superintendent] may
disperse up  to [	percent  (	%)] of the  collected  fine  or  penalty to  the  informant.
However, a  single reward payment may not exceed [	dollars ($	)].
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                                     EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


12.6  Contractor Listing [Optional]

     Users which have not achieved  compliance with  applicable pretreatment standards and
requirements are not eligible to receive a contractual award for the sale of goods or services to
[the Chy].  Existing contracts for the sale of goods or services to [the City] held by a user
found to be in significant noncompliance with  pretreatment standards or requirements  may be

terminated at the discretion of [the Superintendent].


SECTION 13 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS

[NoU:  Although Federal law allows the affirmative defenses set  out in this Section,  some
Approved States do not allow for one or more of the affirmative defenses listed below.]


13.1  Upset

     A.   For the purposes of this section, "upset" means an exceptional incident in which
          there  is unintentional and temporary noncompliance with  categorical pretreatment
          standards because of factors beyond the reasonable control of the user.  An upset
          does not include noncompliance to the extent caused by operational error, improperly
          designed treatment  facilities,  inadequate treatment facilities,  lack  of  preventive
          maintenance, or careless or improper operation.

     B.   An  upset  shall  constitute an  affirmative defense  to an  action  brought  for
          noncompliance with categorical  pretreatment standards  if the requirements of
          paragraph  (Q, below, are met.

     C.   A user who wishes  to establish the affirmative defense of upset shall demonstrate,
          through properly signed, contemporaneous operating logs, or other relevant evidence
          that:

          (1)  An upset occurred and the user can identify the cause(s) of the upset;

          (2)  The facility was at the time being operated in  a prudent and workman-like
              manner  and  in  compliance  with  applicable  operation  and  maintenance
              procedures;  and

          (3)  The user has submitted the following  information to [the Superintendent]
              within twenty-four (24) hours  of  becoming  aware of the upset  [if this
              information is provided  orally, a written submission  must  be provided
              within five (5) days]:

              (a) A description of the indirect discharge and cause of noncompliance;


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                                       EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


               (b) The period of noncompliance, including exact dates and times  or, if not
                   corrected, the anticipated time the noncompliance is expected to continue;
                   and

               (c) Steps  being taken  and/or planned  to  reduce,  eliminate,  and  prevent
                   recurrence of the noncompliance.

     D.   In any enforcement proceeding, the user seeking to establish the occurrence of an
          upset shall have the burden of proof.

     E.   Users will have the opportunity for a judicial determination on any claim of upset
          only  in  an enforcement  action  brought  for noncompliance  with categorical
          pretreatment standards.

     F.   Users shall control production of all discharges to the extent necessary to maintain
          compliance with categorical pretreatment standards upon reduction, loss,  or failure
          of its treatment facility until the  facility is restored  or an alternative method of
          treatment is provided. This requirement applies in the situation where, among other
          things, the primary source of power of the treatment facility is reduced, lost, or fails.
13.2  Prohibited Discharge Standards

     A user shall have an affirmative defense to an enforcement action brought against it for
noncompliance with the general prohibitions in Section 2.1 (A) of this ordinance or the specific
prohibitions in Sections 2.1(B)(3) through [(_)] of this ordinance if it can prove that it did not
know, or have reason to know, that its discharge, alone or in conjunction with discharges from

other sources, would cause pass  through or interference and that either
     A.   A local limit exists for each pollutant discharged and the user was in compliance with
          each limit directly prior to, and during, the pass through or interference; or

     B.   No local limit exists, but the discharge  did not change  substantially in  nature or
          constituents from the  user's prior discharge  when [the City] was regularly in
          compliance with its  NPDES permit, and in the case of  interference,  was in
          compliance with applicable sludge use or disposal requirements.
[Note: The references in Section 13.2 should refer only to specific prohibitions actually listed
in the ordinance.  Also note that, pursuant to 40 CFR Section 403.5(a)(2), the affirmative
defense outlined in Section 13.2 cannot apply to the specific prohibitions in Sections 2.8(1)
and (2), and (8).]
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                                      EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)


13.3  Bypass

     A.   For the purposes of this section,

          (1)   "Bypass" means the intentional diversion of wastestreams from any portion of
               a user's treatment facility.

          (2)   "Severe property  damage"  means substantial physical damage to  property,
               damage to the treatment facilities which causes them  to become inoperable, or
               substantial and permanent loss of natural resources which can  reasonably be
               expected to occur in the absence of a bypass. Severe property damage does not
               mean economic loss caused by delays in production.

     B.   A user may  allow any bypass  to occur which does not cause pretreatment standards
          or requirements to be violated, but only if it also is for essential maintenance to
          assure efficient operation.  These bypasses are not subject to  the provision of
          paragraphs (Q and (D) of this section.

     C.   (1)   If a user knows in advance of the need for a bypass, it shall submit prior notice
               to [the  Superintendent], at least ten (10) days before the date of the bypass, if
               possible.

          (2)   A user shall submit oral notice to [the Superintendent] of an  unanticipated
               bypass  that exceeds applicable pretreatment standards within twenty-four (24)
               hours from the time it becomes aware of the bypass. A written submission shall
               also be provided within five (5) days of the time the user becomes aware of the
               bypass. The written submission shall contain a description of the bypass and its
               cause; the duration of the bypass,  including exact dates and  times, and,  if the
               bypass  has not been corrected, the anticipated time it is expected to continue;
               and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
               bypass.  [The Superintendent] may waive the written report  on a case-by-case
               basis if the oral report has been received within twenty-four  (24) hours.

     D.   (1)   Bypass is prohibited, and [the Superintendent] may take an enforcement action
               against a user for a bypass, unless

               (a) Bypass was unavoidable to prevent loss of life, personal injury,  or severe
                  property  damage;

               (b) There  were no feasible  alternatives to the bypass, such as the use of
                  auxiliary treatment facilities, retention of untreated wastes, or maintenance
                  during normal periods of equipment downtime.  This condition is  not
                  satisfied  if adequate back-up equipment should have been installed in the
                  exercise  of reasonable engineering judgment to prevent a  bypass which
                  occurred during  normal  periods of equipment  downtime  or preventive
                  maintenance; and
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                                     EPA MODEL PRETREATMENT ORDINANCE (JUNE 1992)
              (c) The user submitted notices as required under paragraph (C) of this section.

          (2)  [The Superintendent] may approve an anticipated bypass, after considering its
              adverse effects, if [the Superintendent] determines that it will meet the three
              conditions listed in paragraph (D)(l) of this section.
SECTION 14 - WASTEWATER TREATMENT RATES

[RESERVED]


SECTION 15 - MISCELLANEOUS PROVISIONS

15.1  Pretreatment Charges and Fees [Optional]

     [The City] may adopt reasonable fees  for reimbursement of costs of setting  up and

operating [the City's] Pretreatment Program which may include:
     A.   Fees for wastewater discharge permit applications including the cost of processing
          such applications;

     B.   Fees for monitoring, inspection, and surveillance procedures including the cost of
          collection and analyzing a  user's discharge, and  reviewing  monitoring  reports
          submitted by users;

     C.   Fees for reviewing  and responding  to  accidental discharge procedures  and
          construction;

     D.   Fees for filing appeals; and

     E.   Other fees as [the Cfty] may deem necessary to carry out the requirements contained
          herein.   These fees relate solely to the matters covered  by this ordinance and are
          separate from all other fees, fines, and penalties chargeable by [the City].
15.2 Severability [Optional]

     If any provision of this ordinance is invalidated by any court of competent jurisdiction, the
remaining provisions shall not be effected and shall continue in full force and effect.
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                                   EPA MODEL PRETREATMENT ORDENANCE (JUNE 1992)
SECTION 16 - EFFECTIVE DATE
    This ordinance shall be in full force and effect immediately following its passage, approval,
and publication, as provided by law.
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