United States        Office Of Water
Environmental Protection    (4203)
Agency
                                      EPA 833-B-94-005
                                      June 1 994
&EPA      Muftijurisdictional Pretreatment
             Programs

             Guidance Manual

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                 THIS DOCUMENT IS AGENCY GUIDANCE ONLY

     It does not establish or affect legal rights or obligations.  It does not establish a binding
norm and is not finally determinative of the issues addressed.  Agency decisions in any particular
case will be made by applying the law and regulations on the basis of specific facts when permits
are issued, regulations promulgated or programs are approved.

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                            TABLE OF CONTENTS
                                                                             Page

1.     INTRODUCTION	   l

  1.1 Who is required to develop a pretreatment program	   1
  1.2 Elements of an approved pretreatment program  	   2
  1.3 When multijurisdictional programs are necessary	   3
  1.4 Overview of the types of multijurisdictional pretreatment programs  	   4
  1.5 Common deficiencies in multijurisdictional pretreatment programs	   6

2.     SOLUTIONS TO MULTIJURISDICTIONAL APPROVED PRETREATMENT
      PROGRAM IMPLEMENTATION AND ENFORCEMENT PROBLEMS  	   7

  2.1 CONTROL AUTHORITY HAS DIRECT AUTHORITY OVER EXTRAJURIS-
      DICTIONAL INDUSTRIAL USERS	   9

      2.1.1 Control authority  applies its local  law to extrajurisdictional industrial users under
           common  law theories	   9
      2.1.2 Control authority applies its local  law to extrajurisdictional industrial users
           pursuant  to authority granted under state statute  	  10
      2.1.3 Creation  under state law of limited function special sewer districts and authorities  11
      2.1.4 Annexation	  12

  2.2 MULTIJURISDICTIONAL AGREEMENTS:  IMPLEMENTING THE APPROVED
      PRETREATMENT PROGRAM USING THE LEGAL AUTHORITY OF MORE THAN
      ONE JURISDICTION	  12

      2.2.1 Minimum elements of a multijurisdictional agreement	  13
      2.2.2 Delegation of authority to control  authority	  13
      2.2.3 Contributing jurisdiction implements and enforces its own program  	  15
      2.2.4 Creation  of a limited function authority  	  16
      2.2.5 Restrictions on delegation of authority	  16

  2.3 NONREGULATORY CONTROL: INDUSTRIAL USER CONTRACTS  	  17

      2.3.1 Problem  with extrajurisdictional industrial user contracts	  17
      2.3.2 Enforcement through citizen suits	  17

  2.4 OBTAINING THE COOPERATION OF CONTRIBUTING MUNICIPALITIES  ....  18

      2.4.1 Revision  of existing agreements	  18
      2.4.2 Include contributing jurisdiction on NPDES permit   	  19

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                        LIST OF TABLES AND FIGURES

                                                                                  Page

TABLE 1.   Basic requirements of an approved pretreatment program	    3

TABLE 2.   Elements of multijurisdictional agreements  	   14

TABLE 3.   Elements of a control authority/extrajurisdictional industrial user contract	   17



FIGURE 1.  Municipality  with potw receiving discharges from another municipality  	    5

FIGURE 2.  Sewer district or authority covering several municipalities created by contributing
            jurisdictions or by state legislature   	    6



                                   APPENDICES

APPENDIX A  Example  multijurisdictional agreement giving the control authority
               responsibility  over pretreatment program implementation and enforcement

APPENDIX B  Example  multijurisdictional agreement  giving the contributing jurisdiction
               responsibility  for pretreatment program implementation and enforcement

APPENDIX C  Example  of an industrial user contract
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l.  INTRODUCTION
    The  National Pretreatment Program was designed to be developed,  implemented, and
enforced primarily by the municipal entities that own or operate wastewater treatment facilities.
Effective  pretreatment program implementation and enforcement is more difficult to achieve if
some dischargers are located beyond the legal jurisdiction of the municipal entity that administers
the Approved Pretreatment Program.  As a general rule, the powers of a municipal entity are
limited to its geographic boundaries, and additional authority will be needed to regulate industrial
users  located beyond these boundaries.   The U.S.  Environmental Protection Agency (EPA)
refers  to these types  of situations as "multijurisdictional," because industrial users are located
within the boundaries of one or more jurisdictions other than the municipal entity that is charged
with program implementation and enforcement responsibilities.  This guidance document is
intended to address these multijurisdictional program implementation and enforcement issues and
offer some of the options that municipal entities may employ to satisfy federal and state program
requirements.

THIS  GUIDANCE DOCUMENT  DOES NOT PROVIDE SPECIFIC LEGAL  ADVICE ON
WHETHER ANY ONE OF  THE  OPTIONS IS ADEQUATE TO SOLVE THE PROBLEMS
PRESENTED BY A PARTICULAR  SITUATION.   EACH  MUNICIPAL ENTITY MUST
RELY ON ADVICE  OF ITS LEGAL COUNSEL WHEN EVALUATING THE USE OF THE
OPTIONS PRESENTED.

1.1 WHO IS REQUIRED TO DEVELOP A PRETREATMENT
    PROGRAM
    The General Pretreatment Regulations, set out at 40 Code of Federal Regulations (CFR) Part
403, establish uniform federal requirements that apply to wastewater treatment facilities that meet
the definition of the term "Publicly Owned Treatment Works" (POTW) and to the industrial users
that discharge wastes to these facilities.  Pursuant to these regulatory requirements, any POTW, or
combination of POTWs operated by the same entity,  with a total  design flow of greater than 5
Million Gallons  Per Day (MGD)  and  receiving waste from dischargers  subject  to  federal
pretreatment  standards and requirements must establish a pretreatment program.  The National

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Pollutant Discharge Elimination System (NPDES) permitting authority, either EPA or a state with
an approved NPDES permitting program, also may require that a POTW with a design flow of less
than 5 MOD  establish a pretreatment program if it determines that it is  necessary to  prevent
interference or pass through at the POTW.  A requirement that the POTW implement and  enforce
this pretreatment program becomes a condition of the POTW's NPDES permit.

     The term POTW, as used in the General Pretreatment Regulations, refers not only to the
wastewater treatment facility  itself,  including the sewers, pipes, and  other infrastructure  used to
convey wastewater to the facility, but also to the  municipal entity or entities that own or operate the
treatment works and have jurisdiction over the persons discharging wastewater to the  facility.  The
terms "municipality" or "municipal entity"  are used in this guidance as generic terms and may
include towns,  villages, cities, counties, sewer districts or authorities,  and even the state, where it
owns all or part of the  POTW. It is the municipal entity or entities that own or operate the POTW
that are charged with the responsibility for developing, implementing, and enforcing a pretreatment
program.

1.2  ELEMENTS  OF AN APPROVED PRETREATMENT PROGRAM
     Each pretreatment program is evaluated for completeness according to the criteria set out in
the Genera] Pretreatment Regulations. An Approved Pretreatment Program must contain six  general
elements.  Table  1 summarizes these general requirements. A municipal entity whose pretreatment
program  has been approved  by  EPA  or a  duly authorized  state  is referred to as  the "Control
Authority."

     To receive pretreatment program approval,  the Control Authority  must demonstrate that it has
the legal authority to enforce federal, state, and local pretreatment standards and requirements against
all  industrial  users  discharging  to the  POTW  and  the  procedures necessary   for program
implementation.   The  Control Authority derives this power through state statute or regulations
promulgated thereunder, through its local sewer use ordinance or regulations, or through agreements
with other municipal entities in which industrial users of the Control Authority's POTW are  located.

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The specific  legal authorities and procedures  that a Control Authority must have to  implement a
pretreatment program are set out in 40 CFR 403.8(f) of the General Pretreatment Regulations.
        TABLE 1. BASIC REQUIREMENTS OF AN APPROVED PRETREATMENT PROGRAM

  1.   Legal  Authority to implement  and  enforce program  requirements  through  a sewer  use
      ordinance or similar authority.
  2.   Local  Discharge Limits developed  using site-specific data  in order to protect  the collection
      system, treatment plant, POTW employees, sludge reuse and disposal practices, and receiving
      stream.
  3.   Industrial User  Inventory to provide current information on the sources, nature, and volume of
      industrial discharges.
  4.   Control Mechanism such  as  permits to ensure that industrial users comply with pretreatment
      standards and requirements.
  5.   Compliance Monitoring procedures including inspections, sampling of industrial users, and data
      management.
  6.   Enforcement Response Plan to facilitate swift and effective enforcement against industrial users
      violating the sewer use ordinance and/or control  mechanism conditions.
1.3  WHEN MULTIJURISDICTIONAL PROGRAMS ARE NECESSARY
     A Control Authority's power to implement and enforce its Approved Pretreatment Program
is  directly  related  to  its  regulatory  "jurisdiction."     Jurisdiction  encompasses  both  the
legal/geographical boundary and the regulatory powers of a municipal entity.  In essence, it is the
area within which a municipal entity has power to regulate the activities of people and organizations.
Local jurisdiction limits are usually defined by a state legislature in the charter or enabling legislation
creating the municipality and in the general laws of the state.  The enabling legislation defines both
the Control Authority's ability to exercise regulatory powers and the geographical area within which
these powers may be used.  The powers described in the enabling legislation should provide the basis
for a Control Authority's authority to adopt a local sewer use ordinance that regulates discharges into
the POTW. The geographical boundaries outlined in the enabling legislation identify the perimeter
within  which dischargers are subject to  the conditions of the  sewer use ordinance.  As discussed in
Section 2.1.2,  this perimeter may be extended by special state legislation.  Therefore, the first step
in determining  whether a pretreatment  program is multijurisdictional is to determine the extent of

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the Control Authority's legal jurisdiction and compare that to the location of dischargers throughout
the service area.  For the purposes of this  guidance document, dischargers located outside of the
Control Authority's jurisdiction are referred  to as "extrajurisdictional industrial users."

     Control Authorities with multijurisdictional programs must establish legally binding procedures
to ensure that all extrajurisdictional industrial users are subject to enforceable pretreatment standards
and requirements.   See 40 CFR §403.8(f)(l).    The Control Authority  must  either obtain this
authority for itself or ensure that some municipal entity has both the authority and the obligation to
implement and enforce pretreatment standards and  requirements against every industrial user that
discharges to the POTW.  Where more than one municipal entity is involved, the  Control Authority
should be able to coordinate their activities and remains liable for all deficiencies in implementation
and enforcement of the Approved Pretreatment Program.  Implementation and enforcement options
for multijurisdictional Approved Pretreatment Programs are discussed in greater detail in Section 2.

1.4 OVERVIEW OF THE TYPES OF MULTIJURISDICTIONAL
     PRETREATMENT PROGRAMS
     There are several possible multijurisdictional scenarios.  Figure 1 shows a POTW that is owned
by one municipal entity (City A) and receives discharges from extrajurisdictional  industrial users
located in another municipal entity (City B).  City A does not possess authority to regulate facilities
within City  B's boundaries.   Two entities have regulatory authority within  City B:  the state
government and City B itself.  To ensure that pretreatment program standards and requirements are
implemented and enforced against extrajurisdictional industrial users located within City B, City A
must either enter into a multijurisdictional agreement with City B or receive additional authority from
the state legislature.

     In some circumstances, there may  not be another local government that is responsible for or
able to impose  pretreatment program standards and requirements against extrajurisdictional industrial
users.  For example, City A  may own sewer  pipes  extending to extrajurisdictional industrial users
in an unincorporated area of the neighboring county and  the county may not have regulatory
authority to enforce program standards and  requirements against the industrial user.  City A's only
option may be  to obtain additional authority from the  state.

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                       City A
CityB
                       POTW
    FIGURE 1. MUNICIPALITY WITH POTW RECEIVING DISCHARGES FROM
                ANOTHER MUNICIPALITY
     It is not uncommon for a POTW to receive wastewater discharges from many  contributing
jurisdictions. In such cases, several approaches may be needed to resolve program implementation
and enforcement issues.  In some major metropolitan areas, scores of local jurisdictions use a single
POTW. In such circumstances, some sort of special state authority is a virtual necessity for effective
regulation.
     In Figure 2, a regional sewer authority has been established with jurisdiction over several
communities.   A regional  sewer authority may  be independently empowered by  state enabling
legislation to fully implement and enforce the Approved Pretreatment Program against all dischargers
within a defined  area.  The service area boundaries are  denned, by state law, to include  other
jurisdictions.  This is often referred to as a Sanitary District or  Special Sewer Authority.  This
mechanism  gives the Control Authority the  ability to cross traditional municipal jurisdictional
boundaries to implement and enforce its Approved Pretreatment Program.  Because this authority
is granted under state law, there is no multijurisdictional problem,  if all industrial users are located

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                       Boundary of Regional Sewer Authority
    FIGURE 2. SEWER DISTRICT OR AUTHORITY COVERING SEVERAL MUNICIPALITIES
                   CREATED BY CONTRIBUTING JURISDICTIONS OR BY STATE
                   LEGISLATURE
within the district.  Note that in Figure 2, however, there are industrial users located outside of the
jurisdiction of the Regional Sewer Authority, and these users will need to be controlled using other
mechanisms.

1.5  COMMON DEFICIENCIES IN MULTLJURISDICTIONAL
     PRETREATMENT PROGRAMS
     Most Control Authorities with multijurisdictional programs have entered into agreements
with the municipal entities  in which extrajurisdictional industrial users are located.  Some of
these agreements predate the imposition of the federal pretreatment program requirements and
address  only conditions for providing collection and treatment of  wastewater.   Existing
agreements are occasionally limited to the following types of provisions:

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     •   Wastewater treatment capacity available to the contributing jurisdiction
     •   Service fees for wastewater treatment
     •   Ownership and maintenance of sewer lines and interceptors
     •   Fiscal responsibilities for future treatment plant or collection system expansion
     •   Requirement  that the total discharge from the contributing jurisdiction meet certain
         discharge limitations
     •   Duration of agreement.

Agreements that are limited to the above provisions are inadequate for purposes of Approved
Pretreatment Program implementation and enforcement because they fail  to provide for the
imposition of adequate pretreatment standards and requirements on extrajurisdictional industrial
users.

     If  its  existing agreement with a  contributing jurisdiction is inadequate, the Control
Authority must either renegotiate with the contributing jurisdiction or receive direct regulatory
authority from  the state legislature.  If the contributing jurisdiction refuses to  renegotiate an
inadequate multijurisdictional agreement, the options discussed in Section 2.4 should be pursued.

2.   SOLUTIONS TO MULTIJURISDICTIONAL APPROVED
     PRETREATMENT PROGRAM IMPLEMENTATION AND
     ENFORCEMENT PROBLEMS
     The mechanisms for achieving control of extrajurisdictional industrial users  are varied and
their use depends  largely  on the particular circumstances of each Approved Pretreatment
Program. This  section highlights some of these alternatives.  Model language has been included
in the Appendices to further illustrate these strategies.  The alternatives described here are not
exhaustive,  and a Control Authority may develop other strategies or use other mechanisms that
provide  equivalent  implementation and enforcement authorities.  A Control Authority should

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contact its state  or EPA Regional Pretreatment Coordinator  for advice on the adequacy  of
existing or proposed multijurisdictional control mechanisms.

     Possible solutions to multijurisdictional program implementation  and  enforcement issues
are discussed below.  It is  preferable that  a Control  Authority have the  direct authority  to
develop, implement, and enforce pretreatment standards and requirements necessary to regulate
all  industrial users of its POTW, including extrajurisdictional  industrial users.  Options for a
Control Authority to obtain this direct authority are discussed  in Section 2.1.  Included in this
section is the option of creating new regional entities under state law to implement and enforce
the Approved Pretreatment Program.

     An adequate but more cumbersome situation exists where  the authorities of more than one
municipal  entity  must  be  used,  and  implementation  and  enforcement  of the  Approved
Pretreatment Program are coordinated among these municipal entities.  In these cases,  it is
necessary for the  Control  Authority  and each municipal  entity in which extrajurisdictional
industrial users are located to  enter into agreements that outline which  entities  will have
responsibility for implementing and enforcing pretreatment standards and requirements against
the industrial users.   Generally, each  municipal  entity will develop its  own pretreatment
authorities (e.g.,  sewer use ordinance).  The  Approved Pretreatment Program  is then enforced
either  by the  Control Authority as  agent  for the others, jointly by some or  all  of  the
municipalities, or by a separately incorporated sewer district or authority that,  in effect,  acts as
agent for all of the municipalities.  These scenarios  are discussed in Section 2.2.

     When a Control Authority is not able to employ any of the options discussed above,  it must
explore other methods for Approved Pretreatment  Program implementation and enforcement.
A Control Authority  can obtain limited  control over extrajurisdictional  industrial users  by
entering  into contracts directly  with such  users.   Contracts generally  are not  sufficiently
enforceable to satisfy the minimum federal requirements.  It may, however, be necessary for the
Control Authority  to use contracts until it  obtains more effective  controls over these users.
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Contracts with extrajurisdictional industrial users, together with enforcement through citizen suits
for violations of federal pretreatment program requirements, are discussed in Section 2.3.

     Finally, means by which the Control Authority may obtain the cooperation of contributing
jurisdictions in implementation of a multijurisdictional program are discussed in Section 2.4.

2.1 CONTROL AUTHORITY HAS DIRECT AUTHORITY OVER
     EXTRAJURISDICTIONAL INDUSTRIAL USERS
2.1.1   CONTROL AUTHORITY APPLIES  ITS LOCAL LAW TO
        EXTRAJURISDICTIONAL INDUSTRIAL USERS UNDER
        COMMON LAW THEORIES
     Municipal ordinances generally are enforceable  only in the jurisdiction of the municipal
entity by which they are enacted.  Without express  authority under state law,  most Control
Authorities will not  have the  ability to enforce local  ordinance provisions outside of their
boundaries.

     If the extrajurisdictional industrial user discharges directly  into the collection system owned
or operated by the Control Authority, the Control Authority's  sewer use laws are more likely
to apply.  Some Control  Authorities have been advised by their legal counsel that their local
ordinance is applicable to extrajurisdictional industrial users who agree in a contract to be subject
to those laws or enter into the Control Authority's jurisdiction and accept a permit to discharge
into the system.  Again, the efficacy of these approaches will depend on the law of the state in
which the Control Authority is located.

     Attempts by Control Authorities to directly enforce  their local sewer use ordinance against
extrajurisdictional industrial users in the absence of authorization under state law to do  so have
generally been unsuccessful.   For  example,  where an  extrajurisdictional industrial user has
refused to allow a Control Authority to conduct inspections, Control Authorities have had limited
ability to obtain a warrant to gain access to the facility.  Similarly,  if judicial enforcement is

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necessary, the extrajurisdictional industrial user may challenge the Control Authority's ability
to enforce its own law against the industrial user.  If, given these limitations, the municipal
entity does not have extraterritorial authority, it must explore other options, some of which are
set out below in this Section.  Problems are best eliminated by giving the Control Authority clear
authority when the pretreatment program is being developed.

2.1.2   CONTROL AUTHORITY APPLIES ITS LOCAL LAW TO
         EXTRAJURISDICTIONAL INDUSTRIAL USERS PURSUANT
         TO AUTHORITY GRANTED UNDER STATE STATUTE
     As  indicated  in Section  1.3, municipal entities are generally viewed as having definite
geographic  boundaries within which they may exercise the  governmental power they possess
under state and  local  law.  However, pursuant to some states' law,  municipal entities have been
granted extraterritorial powers over all facilities discharging to  their POTWs.  Consequently,
in these circumstances, a  Control Authority may enforce the provisions of its local sewer  use
ordinance against all of its industrial users, regardless of where such industrial users are located.
In these states, multijurisdictional concerns have largely been eliminated because all industrial
users are considered to be within the jurisdiction of the Control Authority for the purposes of
Approved Pretreatment Program implementation  and enforcement.

     It should be noted that the  scope of this  extraterritorial power, in most cases, will be
expressly limited by state statute.  While some state laws may provide the authority to maintain
an enforcement  action against an extrajurisdictional industrial user, one must determine if the
statute  also  grants the  Control Authority  the power  to develop  limits  and  monitoring
requirements, to  permit  extrajurisdictional industrial  users, or  to  conduct inspections or
monitoring  at  facilities  located in another municipal entity.    A  Control Authority with
extrajurisdictional industrial users should, therefore, determine both whether  it has  the power
under state law to regulate  such  industrial  users  and the  extent of this authority.   If  the
extraterritorial power does not include all of the authorities required by the General Pretreatment
Regulations, then  the Control  Authority still  must seek  means  of applying the  missing
requirements to  the extrajurisdictional industrial users.
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 2.1.3   CREATION UNDER STATE LAW OF LIMITED FUNCTION
         SPECIAL SEWER DISTRICTS AND AUTHORITIES
     In many municipalities, the responsibility of administering the operation of the local POTW
 has been delegated to limited function special districts or municipal sewage authorities.  The
 utility of special districts and  municipal sewage authorities is that their jurisdictional boundaries
 may be drawn to include the entire service area of the POTW, thereby effectively eliminating
 the multijurisdictional nature  of the Approved Pretreatment Program. Ideally, the jurisdictional
 authority of these entities can be created and fashioned to conform to the particular pretreatment
 implementation and enforcement concerns of a POTW.

     These  types of municipal entities are in most cases created directly by state enactment.
 Some states allow for the creation of independent sewer districts or municipal authorities by two
 or more  municipal entities, with the new  municipal entity then having total independence from
 the municipalities that brought it into existence.

     Sewer  districts  or municipal  sewage  authorities may  vary  in size,  function,  and
 organizational framework from state to state.  They are distinct entities that usually are governed
 by a board of directors, are administratively independent from other units of local  government,
 and have independent revenue raising authority.   State statutes dictate the procedural steps that
 must be followed to bring a special district or  municipal sewage authority into existence and may
 limit the circumstances under which they  may be organized.

     It should be noted that many states have laws that limit the enforcement authority of these
 local government entities.  Because special districts and municipal sewage authorities have only
those powers expressly granted to them under state statute, legislative changes may be necessary
to give  them full  pretreatment authority. To fulfill the legal authority  requirements in the
General Pretreatment Regulations, special districts or municipal sewage authorities that act as
the Control  Authority must be granted both  the  power to enact sewer use ordinances and the
police power to enforce these ordinances  in the areas in which they provide services.  If they
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do  not have all authorities required under the General Pretreatment Regulations, then these
special government entities will face the same problems as traditional local government entities
in multijurisdictional Approved Pretreatment Program implementation and enforcement.

2.1.4  ANNEXATION
     If extrajurisdictional industrial users are located in unincorporated areas, the Control
Authority may gain the most complete control by annexing the unincorporated area.  If complete
annexation is undesirable to the concerned parties, the Control Authority might consider utility
annexation where, for purposes of sewer and water services, the unincorporated  area is within
the Control Authority's jurisdiction. In a more developed area, annexation is probably not a
viable option.   Procedures for  annexation vary  between states.   Control Authorities  should
consult with their municipal attorneys if they wish to investigate this option.

2.2 MULTIJURISDICTIONAL AGREEMENTS: IMPLEMENTING
     THE APPROVED  PRETREATMENT PROGRAM USING THE
     LEGAL AUTHORITY OF MORE THAN ONE JURISDICTION
     Multijurisdictional agreements entered into by a Control Authority and all contributing
jurisdictions are  necessary if the Control Authority  is  unable to extend its jurisdiction  to
administer the Approved Pretreatment  Program over all industrial  users of the POTW.  Such
intermunicipal contracts provide  a flexible method  for local government to cooperate and share
responsibility and cost for the pretreatment program.  The implementation  and enforcement
authority of the  Approved Pretreatment Program  is then based on  the sewer use ordinance or
other police powers of more than one municipal entity.

     A Control Authority may enter into an agreement with its contributing jurisdictions under
which the contributing jurisdictions can either: (1) agree to be responsible for administering the
Approved Pretreatment Program  against all  industrial users located in their jurisdiction; (2)
delegate their authority to administer the Approved Pretreatment Program to the municipality
that is acting as  the Control Authority; or (3) agree that the Control Authority can enforce the
contributing jurisdiction's pretreatment program if the contributing jurisdiction fails to do so.
A fourth option  would be for the existing Control  Authority to delegate its authority to a  third
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 entity  to  which  other municipalities  also delegate  their pretreatment implementation and
 enforcement authority. These options and legal issues associated with each are discussed below.
 These categories are not exclusive and hybrid situations are typical. The availability and scope
 of such agreements will be determined by state law.
2.2.1   MINIMUM ELEMENTS OF A MULTIJURISDICTIONAL
         AGREEMENT
     Two basic  concepts  should  be  kept  in  mind  when negotiating  and  drafting  a
multijurisdictional agreement.  First, all contributing jurisdictions must agree to develop and
maintain the legal authorities necessary to implement and enforce the Approved Pretreatment
Program within their geographic boundaries.  This is necessary because the Control Authority
does not possess the legal authority  over  extrajurisdictional  industrial users located  in the
contributing jurisdiction.   In some circumstances it may be  necessary for  the contributing
jurisdiction to obtain the authority for itself from its state legislature.  Second, for each industrial
user, some municipal entity must have the responsibility to implement and enforce  the Approved
Pretreatment Program.  The local sewer use law of a contributing jurisdiction  may be enforced
by that jurisdiction, by the Control  Authority,  or by both.  The multijurisdictional agreement
must be  specific as to  which party is responsible for implementing and enforcing Approved
Pretreatment Program standards and requirements.

     The elements of an effective multijurisdictional agreement  are listed in Table  2 on the next
page.
2.2.2  DELEGATION OF AUTHORITY TO CONTROL AUTHORITY
     Problems in coordinating administration of the Approved Pretreatment Program are reduced
when the multijurisdictional agreement provides for the Control Authority to implement and
enforce the Approved Pretreatment Program in the contributing jurisdictions.  In this situation,
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TABLE 2. ELEMENTS OF MULTIJURISDICTIONAL AGREEMENTS

An effective multijurisdictional agreement should address the following elements:

Sewer Use Ordinance - The contributing jurisdiction should agree to adopt a pretreatment sewer use
ordinance that is no less stringent than the Control Authority's ordinance.

Local Limits - The contributing jurisdiction should agree to adopt local limits for industrial discharges
into its collection system that  are at least as  stringent as the Control Authority's local limits or should
agree to a specific maximum total mass loading  of pollutants that the contributing  jurisdiction's
system will discharge to the POTW.  If the contributing jurisdiction has  its own POTW or is serviced
by  another  POTW  in another area, there  may be  a conflict  in  local limits.   In this event, the
contributing jurisdiction  can adopt the most stringent local limit for each pollutant and apply these
limits to all  users located in its jurisdiction  regardless of the POTW  to which  they discharge.
Alternatively, the contributing jurisdiction may choose to adopt  two sets of  local limits  and  apply  to
each user the  limit appropriate to the plant to which the user discharges.
Control Mechanism - The agreement  should indicate whether the contributing jurisdiction or the
Control Authority is responsible for issuing control mechanisms to industrial users located within the
contributing jurisdiction.  If joint control mechanisms are to be issued, the agreement should indicate
which party will take the  lead in preparing the draft control mechanisms.

Transfer of Records - The contributing jurisdiction  should  agree to provide the Control  Authority
access  to all records compiled as  part  of the contributing jurisdiction's  pretreatment program
activities. The agreement should also provide for notice to the Control Authority of key activities
(e.g.,  enforcement actions and permit issuance).

Right of Entry/Inspection and Sampling  - The contributing jurisdiction should  grant the Control
Authority the  power to enter into the facilities of industrial  users to periodically verify compliance
with  applicable  pretreatment standards and requirements.   Procedures  and  responsibility  for
conducting inspections and other compliance evaluation activities should be established explicitly.

Enforcement - The agreement should indicate whether the contributing jurisdiction  or the  Control
Authority has  primary responsibility for enforcing pretreatment standards and requirements  against
industrial users  located  within the contributing jurisdiction.   If the contributing jurisdiction  has
primary responsibility for enforcing the ordinance, the agreement should specify whether the  Control
Authority can  enforce if the contributing jurisdiction fails to do so.

Remedies for  Breach - Where the contributing jurisdiction has primary responsibility for permitting,
compliance monitoring, and/or enforcement, it should agree that the Control Authority has the right
to take legal action, as necessary, to enforce the terms of the agreement and/or to take action directly
against noncompliant  industrial users in  the  event  that the contributing municipality is unable  or
unwilling to  do  so.   The  agreement should  also  provide for  remedies  available  against the
noncomplying municipality,  including indemnification  and  specific performance  of  pretreatment
activities.

Residential  Areas - If no  industrial  users  are located within the  contributing jurisdiction, the
agreement should  state:   (1) no industrial  users  are currently  located  within  the contributing
jurisdiction; and  (2) none  shall  be allowed to operate unless prior notification is  provided to the
Control Authority and a  new agreement is entered into addressing implementation and enforcement
of the  pretreatment  program.   A  similar agreement might be appropriate if the  only  existing
nondomestic users are light commercial establishments (e.g., restaurants and hotels).
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 the  Control  Authority  acts as the agent of the  contributing jurisdiction,  carrying  out  program
 implementation  and enforcement on behalf of and under  the police powers of the contributing
 jurisdiction.  The designation of the Control Authority as agent  should  be  clear and specific and
 should also be noted in the contributing jurisdiction's sewer use ordinance.  The  sole responsibility
 of the contributing jurisdiction is to maintain adequate pretreatment authorities.  A sample agreement
 where the Control  Authority  has complete responsibility for implementation and enforcement in a
 contributing jurisdiction is presented in Appendix A.

 2.2.3    CONTRIBUTING JURISDICTION IMPLEMENTS AND
          ENFORCES ITS OWN PROGRAM

     Appendix B contains a sample multijurisdictional agreement where the contributing jurisdiction
 agrees to be responsible for Approved Pretreatment Program implementation and enforcement within
 its  own jurisdiction.   In situations where  contributing jurisdictions  will implement and enforce
 portions of the Approved Pretreatment Program, the multijurisdictional agreement should specify in
 detail the  distribution of responsibility.

     Regardless  of the  terms of the multijurisdictional agreement,  the Control Authority, through its
 NPDES  permit, remains  responsible  for  implementation  and  enforcement of  the  Approved
 Pretreatment Program.  The  Control Authority must be able to  assure that the program  is being
 adequately implemented in the contributing jurisdiction.  Such assurance may be gained by jointly
 issuing industrial user permits, receiving copies of compliance monitoring data, and conducting joint
 inspections.

     Where a contributing jurisdiction has primary responsibility for enforcement of the local sewer
 use ordinance, the multijurisdictional agreement and the sewer use ordinance must indicate whether
 the Control Authority  has  the right to  take  legal action to enforce  the  terms of the contributing
jurisdiction's ordinance  if violations occur.  The  Control Authority should be given the right to
 address any such violations at least in the event that the contributing jurisdiction has failed to take
 appropriate action.

     As discussed in Section 2.2.5, it may not be possible for some  contributing jurisdictions to
 delegate their enforcement authority to the Control Authority. In such instances, unless the Control
 Authority  is able to expand its jurisdiction using  one of the means discussed in Section 2.1, the
 Control Authority  will  not  be able   to bring enforcement  actions  on its  own  behalf against
 extrajurisdictional users.  This greatly complicates the administration of the  pretreatment program.
                                             15

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It is particularly important in  such cases  that the  Control  Authority have alternative means  for
requiring compliance by the industrial users  in outlying jurisdictions. For example, it should co-issue
permits to industries in outlying  areas and these permits should enable it to discontinue service to non-
complying facilities.

     Where only the contributing jurisdiction can take enforcement actions against  industrial users
within it boundaries, the contributing jurisdiction should be made jointly responsible for administering
the pretreatment program.  As discussed in Section 2.4.2, the contributing jurisdiction may be made
a co-permittee on the Control Authority's NPDES permit for the limited purpose of making it jointly
responsible under state and federal law for the pretreatment program elements in the NPDES permit.

2.2.4   CREATION OF A LIMITED FUNCTION AUTHORITY
     All of the municipal entities that use a portion of the POTW's collection system may want to
delegate authority to  an entity that they create for this limited  purpose.  The entity  would be
separately incorporated and would be controlled by the various municipalities pursuant to the articles
of incorporation and other charter documents.  This  would be like the sewage district  or authority
discussed in section 2.1.3 except that its power is delegated to it from municipalities rather than being
granted to it by the state legislature.  Each municipality would have to adopt an adequate sewer use
ordinance and then delegate implementation and enforcement responsibility to the new entity.  An
agreement  similar to that presented in  Appendix A  would be used to transfer implementation and
enforcement responsibility and authority to the new entity.

     Once again, the ability to create such entities may be limited by state law.  It may be necessary
to have hybrid situations where some functions  are performed by the existing Control Authority or
the contributing jurisdictions.

2.2.5   RESTRICTIONS  ON DELEGATION OF AUTHORITY
     The  extent to which a municipality can delegate  its authority will vary from state to  state.
Services that are not uniquely governmental, such as trash collection, can usually be contracted out
to a third party.   At the other  extreme, inherently  governmental  activities, such as making laws,
sometimes cannot be delegated.  In between are activities such as  acting as prosecutor, which only
some jurisdictions allow to be delegated.

     Some states will allow a municipality  to delegate the authority to administer the pretreatment
program within its boundaries and some states will not.  In states where it is not currently allowed,
                                             16

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 it may be possible for the legislature to authorize municipalities to delegate this authority. Elsewhere,
 there may  be a state constitutional limitation on delegation of authority.  In the latter states, the
 multijurisdictional agreement will have to be crafted so that the contributing jurisdiction retains the
 non-delegable authority.  The options in Section 2.1 should also be considered.


 2.3 NONREGULATORY CONTROL:   INDUSTRIAL USER CONTRACTS

 2.3.1   PROBLEM WITH EXTRAJURISDICTIONAL INDUSTRIAL USER
         CONTRACTS

     Although industrial user contracts will  not usually be adequate control mechanisms, a Control
 Authority may wish to use them while  it or a contributing jurisdiction obtains the necessary regulatory
 authority.  In a very  few jurisdictions, these contracts  may be enforceable through the collection of
 penalties. Courts may take into account the unique relationship between the parties and the fact that
 the extrajurisdictional industrial user has agreed to be subject to penalties.  As with other issues, local
 legal counsel will need  to be consulted.


     A sample extrajurisdictional industrial user contract is included in  Appendix C.  The minimum
 elements of these contracts are summarized in Table 3.
 TABLE 3.    ELEMENTS OF A CONTROL AUTHORITY/EXTRAJURISDICTIONAL INDUSTRIAL
             USER CONTRACT

 Sewer Use  Ordinance - The  contract  should  require the industrial  user  to  comply with  all
 pretreatment conditions and requirements contained in the Control Authority's sewer use ordinance.

 Industrial  Wastewater  DischarRe  Permit -  Although  the  requirement  to obtain  an  industrial
 wastewater discharge permit is generally contained in the sewer use ordinance, it is helpful that the
 user expressly agree, under the terms of the contract, to obtain and comply with such  a permit.  If a
 permit cannot be issued immediately, the industrial user should  agree to apply for a permit as soon
 as the contributing jurisdiction or Control  Authority has obtained the necessary authority.

 Right of Entry - The contract  specifically should  allow  the  Control Authority the  right to enter the
 industrial user's premises at any reasonable time for the purpose of inspecting the entire premises,
 taking independent samples, and examining and copying records.Remedies for Breach  - The contract
 should specify that the industrial user will be subject to the Control Authority's enforcement powers,
 as set forth in the sewer use ordinance.

 Other Pertinent Provisions - If  the  industrial user is not to  be immediately  issued  a  permit, the
 contract should  include the minimum permit requirements:  a statement of duration (up to 5 years);
 statement of nontransferability without notice; applicable effluent limits; and monitoring, sampling
 and reporting requirements.	
2.3.2 ENFORCEMENT THROUGH CITIZEN SUITS

     The Clean Water Act (CWA) allows citizens to file suits against violators of the CWA in certain
circumstances.  Some cities have successfully brought citizen suits against noncompliant industries.


                                            17

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A Control Authority may want to file a citizen suit if it is unable to collect penalties under its own
ordinance from a noncompliant extrajurisdictional industrial user.  This option also has been used
where a city did not have adequate penalty authority and wanted to use the CWA penalty authority
of up to $25,000 per violation per day.  Upon collection of sufficient evidence, the Control Authority
files suit against the extrajurisdictional industrial user under Section 505 of the CWA.

     Under Section 505, a  citizen must  first file a 60-day advance notice of an intent to sue the
extrajurisdictional industrial user.  This notice must be sent to the industrial user, EPA, and the state.
After 60 days,  if EPA or the  state has not initiated any action and violations are ongoing,  a  civil
complaint may be filed in federal court.  A copy  of the complaint and
any proposed settlement must also be sent to EPA and the state.  Control Authorities should note that
all penalties collected under Section 505 are currently  returned to the United States Treasury.  In
some instances, the extrajurisdictional industrial user may be required  to pay into a fund dedicated
to restoring natural resources damaged as the result of their violations.

2.4   OBTAINING THE COOPERATION OF CONTRIBUTING
         MUNICIPALITIES
2.4.1 REVISION OF EXISTING AGREEMENTS
     A Control Authority has various options if its existing agreement with a contributing jurisdiction
is inadequate.  It should first attempt to negotiate with the contributing jurisdiction.  If a contributing
jurisdiction is unwilling to renegotiate prior to expiration, the Control Authority should explore other
options.

     The Control Authority should review the existing agreement for provisions that may allow it to
alter its terms.  Some  examples include provisions that allow for contract modification when there
are "changed conditions" or when there is a change in law that alters the responsibilities of one of
the parties  to the agreement.

     Another option that may  be available to the  Control Authority is to seek a judicial reformation
or invalidation of the agreement on the grounds of impracticability or  other legal basis.  This may
be possible if the existing agreement prevents the Control Authority from meeting obligations under
the General Pretreatment Regulations and its NPDES permit that were  imposed after the agreement
was entered into.   A  court may  rule the agreement illegal to the  extent it allows the contributing
jurisdiction's collection system to discharge wastes that violate  federal pretreatment requirements.
The availability of these and other options will depend on state law and will vary from state to state.
                                             18

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2.4.2   INCLUDE CONTRIBUTING JURISDICTION ON NPDES PERMIT
     Another means of obtaining cooperation is to have EPA or a state  with an approved NPDES
program name the contributing jurisdiction as a limited co-permittee on the NPDES permit.  The
NPDES  permit  would  require  the contributing jurisdiction to  implement and  enforce a local
pretreatment program for industrial users located within its jurisdictional boundaries.  This can be
accomplished as a modification to an existing permit or an addition when the  Control Authority's
permit is reissued.  The obvious advantage of this approach is that the contributing jurisdiction would
be partially responsible  for program implementation deficiencies and/or NPDES permit violations,
depending upon how the permit conditions are written.

     If the contributing jurisdiction owns or operates the collection system within its boundaries, then
it is a co-owner or operator of the POTW.   As such, it can be included on the POTW's NPDES
permit and be required to develop a pretreatment program.  Contributing jurisdictions should be made
co-permittees where circumstances or experience  indicate that  it  is necessary  to ensure adequate
pretreatment program implementation.

     The existing Control Authority and the contributing jurisdiction would still need to coordinate
certain pretreatment activities (such as allocation of maximum allowable pollutant loadings) and a
multijurisdictional agreement would be beneficial.  If industrial users in the contributing jurisdiction
are  not subject to adequate pretreatment program requirements, an enforcement action could be taken
by EPA or the state NPDES permitting authority against the contributing jurisdiction alone or with
the  Control Authority as a co-defendant.
                                            19

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              APPENDIX A

EXAMPLE MULTLJURISDICTIONAL AGREEMENT
     GIVING THE CONTROL AUTHORITY
          RESPONSIBILITY OVER
PRETREATMENT PROGRAM IMPLEMENTATION
          AND ENFORCEMENT

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This model language is intended to be used as a guide for situations where the Control Authority
is responsible for implementation and enforcement of the pretreatment program against industrial
users located in a contributing jurisdiction. This language addresses only pretreatment issues,
but may be adapted to address other issues such as sewer use fees.  Items in brackets ("[] )
must be supplied by the panics to the Agreement.

                                  Agreement between

                                   [Control Authority]
                                          and

                                [Contributing Jurisdiction]


This Agreement is entered into this	day of	,  19	, between [Control Authority] and
[Contributing Jurisdiction] (hereinafter jointly referred to as the "Parties").


                                      RECITALS

1.     [Control Authority] owns and operates a wastewater treatment system.

2.     [Contributing Jurisdiction] currently utilizes this wastewater treatment system.

3.     Facilities located in [Contributing Jurisdiction] currently contribute wastewater which
       includes industrial waste. These facilities are hereinafter referred to as industrial users.

4.     [Control Authority] must implement and enforce a pretreatment program  to control
       discharges from all industrial  users of its wastewater treatment system pursuant to
       requirements set out in 40 CFR Part 403 [and State Code citation if appropriate].  In
       this Agreement [Contributing Jurisdiction] agrees to adopt a sewer use ordinance that
       subjects the industrial users within its boundaries to the necessary pretreatment controls,
       and [Control Authority] is authorized  to implement  and  enforce that sewer use
       ordinance.

                                    AGREEMENT

l.A. [Contributing  Jurisdiction]  will adopt a local  sewer use ordinance which  is no less
     stringent and is as broad  in scope as the sewer use ordinance [ordinance citation] of
     [Control Authority].  [Contributing Jurisdiction] will forward to [Control Authority]
     for review a draft of its proposed sewer use ordinance within [ ] days of the date of this
     Agreement. [Contributing Jurisdiction] will adopt its sewer use ordinance within [ ] days
     of receiving approval from [Control  Authority]  of its content.

B.   Whenever [Control Authority] revises its sewer use ordinance, it will forward a copy of
     the revisions to [Contributing Jurisdiction].  [Contributing Jurisdiction]  will  adopt
     revisions to its sewer use  ordinance that are at least as stringent as those adopted  by
     [Control Authority].  [Contributing Jurisdiction] will forward to [Control Authority]
     for review its proposed revisions within [ ] days of receipt of the [Control Authority]' s
     revisions.  [Contributing Jurisdiction] will adopt its revisions within [ ] days of receiving
     approval from [Control Authority] of the content thereof.

C.   [Contributing Jurisdiction] will adopt pollutant specific local limits which address at least
     the same pollutant parameters and  are at  least as stringent as the  local limits enacted by


                                         A-l

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     [Control Authority] within [ ] days of the date of this Agreement.  If {Control Authority]
     makes any revisions or additions to its local limits, [Control Authority] will forward to
     [Contributing  Jurisdiction] a  copy of such revisions or additions within [  ]  days of
     enactment thereof. [Contributing Jurisdiction] will adopt any such revisions or additions
     within [ ] days  of receipt thereof.

2. A. [Contributing Jurisdiction] designates [Control Authority]as the agent of [Contributing
     Jurisdiction] for the  purposes of  implementation and enforcement of [Contributing
     Jurisdiction]'s sewer  use ordinance against industrial users located in [Contributing
     Jurisdiction].    [Control  Authority]  may  take  any  action  under [Contributing
     Jurisdiction]'s sewer  use  ordinance that could have been  taken  by [Contributing
     Jurisdiction], including the  enforcement of the ordinance in courts of law.

B.   [Control Authority],  on behalf of and as agent  for [Contributing Jurisdiction], will
     perform  technical  and  administrative  duties necessary  to  implement  and  enforce
     [Contributing Jurisdiction]'s sewer use ordinance. [Control Authority] will:  (1) update
     the industrial waste survey;  (2) issue permits to all industrial users required to obtain a
     permit; (3) conduct  inspections,   sampling,  and analysis; (4) take  all appropriate
     enforcement action as  outlined in [Control Authority]'s enforcement response plan and
     provided for in [Contributing Jurisdiction]'s sewer use ordinance; and (5) perform any
     other technical or administrative duties the Parties deem appropriate. In addition, [Control
     Authority] may, as agent of [Contributing Jurisdiction], take emergency action to stop
     or prevent any discharge which presents  or may present an imminent danger to the health
     or welfare  of humans,  which reasonably appears to threaten the  environment, or which
     threatens to cause interference,  pass through, or sludge contamination.

3.   Before an industrial  user located outside the jurisdictional boundaries of [Contributing
     Jurisdiction] discharges into [Contributing Jurisdiction]'s sewer system, [Contributing
     Jurisdiction] and [Control Authority] will enter into an agreement with the jurisdiction
     in which such industrial user is  located.  Such agreement will be  substantially equivalent
     to this Agreement and  must  be entered into prior to a discharge from any such industrial
     user.

4.   Note:  The Control Authority should choose only one of the following paragraphs.

     [Contributing Jurisdiction] will reimburse the [Control Authority] for all costs incurred
     in implementing  and  enforcing [Contributing Jurisdiction]'s  sewer use  ordinance.
     [Control Authority] will provide [Contributing Jurisdiction] with a detailed accounting
     of all such costs.

                                           or.

     [Control Authority] will be responsible for all costs incurred by it in implementing and
     enforcing [Contributing Jurisdiction]'s sewer use ordinance.

5.A. If any  term of this Agreement is held to be invalid in any judicial action, the  remaining
     terms will be unaffected.

B.   The  Parties will review and revise this Agreement to ensure compliance with the Federal
     Clean Water Act (42 U.S.C. §1251 el sefl.) and rules and regulations (see 40 CFR Part
     403) issued thereunder, as necessary, but at least once every [ ] years on a date to be
     determined by the Parties.
                                          A-2

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C.   [Control Authority] may terminate this Agreement by providing [ ] days written notice to
     the [Contributing Jurisdiction].  All benefits and obligations under this Agreement will
     cease following [ ] days from receipt of such notice.

6.   If the authority of [Control Authority] to act as agent for [Contributing Jurisdiction]
     under this Agreement is questioned by an industrial user, court of law, or otherwise,
     [Contributing  Jurisdiction] will take whatever action  is  necessary to ensure  the
     implementation and enforcement of its sewer use ordinance against its industrial users,
     including, but not limited to, implementing and  enforcing its sewer use ordinance on its
     own behalf and/or amending this Agreement to clarify the Control Authority's authority.
     [Control Authority]                       [Contributing Jurisdiction]
                                         A-3

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              APPENDIX B

EXAMPLE MULTLJURISDICTIONAL AGREEMENT
  GIVING THE CONTRIBUTING JURISDICTION
          RESPONSIBILITY FOR
PRETREATMENT PROGRAM IMPLEMENTATION
           AND ENFORCEMENT

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The following model language is intended as a guide for situations  where the contributing
jurisdiction is responsible for implementation and enforcement of the pretreatment program
against its industrial users.  This language addresses only pretreatment issues, but may be
adapted to address  other issues such as sewer use fees.   Items in brackets  ( [ ]") must be
supplied by the parties.

                                   Agreement between

                                   [Control Authority]

                                          and

                                [Contributing Jurisdiction]


This Agreement is entered into this 	day of	, 19_, between [Control Authority] and
[Contributing Jurisdiction] (hereinafter jointly referred to as the "Parties").

                                      RECITALS

1.   [Control Authority] owns and operates a wastewater treatment system.

2.   [Contributing Jurisdiction] currently utilizes this wastewater treatment system.

3.   Facilities located in [Contributing Jurisdiction] currently contributes wastewater which
     includes industrial waste.  These facilities are hereinafter referred to as industrial users.

4.   [Control Authority]  must implement  and enforce  a pretreatment program to control
     discharges  from  all industrial users  of its wastewater  treatment system pursuant to
     requirements set out in 40 CFR Part 403 [and State Code citation if appropriate].  In this
     Agreement [Contributing Jurisdiction] agrees to adopt a sewer use ordinance that subjects
     the industrial users within its boundaries to the necessary pretreatment controls,  and to
     implement  and  enforce that sewer use ordinance.


                                    AGREEMENT

1 .A. [Contributing Jurisdiction] will adopt and diligently enforce a sewer use ordinance which
     is  no less  stringent and  is as broad in scope as the sewer use ordinance [ordinance
     citation] of [Control Authority].   [Contributing Jurisdiction] will forward to [Control
     Authority] for  review a draft of its proposed sewer use ordinance within [ ] days of the
     date of this Agreement. [Contributing Jurisdiction] will adopt its sewer use ordinance
     within [ ] days  of receiving approval from [Control Authority] of its content.

 B.  Whenever [Control Authority] revises its sewer use ordinance, it will forward a copy of
     the revisions to [Contributing Jurisdiction].   [Contributing Jurisdiction] will adopt
     revisions to its sewer use ordinance that are at least as stringent as  those adopted by
     [Control Authority].  [Contributing Jurisdiction] will forward to [Control Authority]
     for review  its proposed revisions within [ ] days of receipt of the [Control Authority]'s
     revisions. [Contributing Jurisdiction] will adopt its revisions within [ ] days of receiving
     approval from [Control Authority] of its content.

 C.  [Contributing Jurisdiction] will adopt and diligently enforce pollutant specific local limits
     which address at least the same pollutant parameters and are at least as  stringent as the
     local limits enacted by [Control Authority] within [ ] days of the date of this Agreement.


                                          B-l

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     If [Control Authority] makes any revisions or additions to its local limits, it will forward
     to [Contributing Jurisdiction] a copy of such revisions or additions within [ ] days of
     enactment thereof. [Contributing Jurisdiction] will adopt any such revisions or additions
     within [ ] days of receipt thereof.

2.A. [Contributing Jurisdiction] will take all actions necessary to ensure that industrial users
     within its boundaries are subject  to an approved pretreatment program to  the  extent
     required  by 40 CFR 403.8, including the performance of all technical and administrative
     duties necessary to implement and enforce its sewer use ordinance against industrial users
     located in its jurisdiction. [Contributing Jurisdiction] will:  (1) update the industrial waste
     survey; (2) issue permits to all industrial  users required to obtain a permit; (3) conduct
     inspections, sampling, and analysis;  (4) perform enforcement activities;  and (5) perform
     any other technical or administrative duties the Parties deem appropriate.  In addition,
     [Contributing Jurisdiction] will take emergency action to stop  or prevent any discharge
     which presents or may present an  imminent danger to the health or welfare of humans,
     which  reasonably appears to threaten  the environment, or which  threatens to cause
     interference,  pass through, or sludge contamination.

 B.  [Contributing Jurisdiction] will maintain current information on industrial  users located
     in its jurisdiction. [Contributing Jurisdiction] will update the industrial waste survey on
     [specific  dates - not less  than annually] for  industrial users located in its jurisdiction.
     [Contributing Jurisdiction] will forward a copy of this survey  to [Control Authority].

 C.  Whenever a new industrial user begins operations in [Contributing Jurisdiction],  or any
     time an existing industrial user increases its discharge [by	%]  or changes its discharge,
     or any time  it is requested by [Control  Authority], [Contributing Jurisdiction] will
     require that such industrial user respond to an industrial user questionnaire supplied by
     [Control Authority]. [Contributing Jurisdiction] will forward a copy of the completed
     questionnaire to [Control  Authority] for review.

 D.  [Contributing Jurisdiction]  will provide [Control Authority]  access to all  records or
     documents  relevant  to  the  pretreatment program  for any industrial  user  located in
     [Contributing Jurisdiction] or  discharging  through [Contributing Jurisdiction] to
     [Control Authority].

 E.  [Contributing Jurisdiction]  will inspect and sample all industrial users located in its
     jurisdiction each year. [Contributing Jurisdiction] will submit written notice of scheduled
     inspections to [Control Authority], providing the opportunity for [Control Authority] to
     attend all inspections. If an inspection is in response to an emergency situation and such
     notice is  not possible, [Contributing Jurisdiction] will make every effort to  informally
     notify [Control Authority] of the impending inspection so [Control Authority] may
     attend.   [Contributing Jurisdiction] will forward copies of all  inspection  reports to
     [Control Authority] within [ ] days of the inspection.  [Contributing Jurisdiction] will
     submit to [Control Authority] its procedures for sampling and analyses,  including all
     procedures in place for quality assurance and quality control.  All procedures  will conform
     to those  set  out in 40 CFR  Part  136, except as  otherwise required by  the U.S.
     Environmental Protection Agency.

 F.  [Control Authority] may,  with notice to [Contributing Jurisdiction], conduct inspections
     and sampling at any  industrial user's facility located within  [Contributing Jurisdiction],
     as it deems necessary.
                                          B-2

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 G.   [Contributing Jurisdiction] will issue  permits to all  industrial users required to be
      permitted under its sewer use ordinance located in its jurisdiction. Permits must be issued
      prior to any  discharge.   Permits  must contain,  at  a  minimum,  appropriate effluent
      limitations, monitoring and reporting requirements, a statement of duration, a statement of
      nontransferability, a statement  of applicable civil and criminal  penalties, and any other
      conditions requested to be  included in the  permit  by [Control  Authority].   After
      [Contributing Jurisdiction] drafts a permit, [Contributing Jurisdiction] will forward a
      copy thereof to [Control Authority] for review and comment at least [ ] days prior to the
      expected date of issuance.  Within  [ ] days of receipt of the proposed permit, [Control
      Authority] will either approve the permit or request [Contributing Jurisdiction] to make
      additions, deletions, or changes. No permit will be  issued if [Control Authority] objects.

 H.   [Contributing Jurisdiction] will submit a monthly report to [Control  Authority]  on the
      compliance status of each significant industrial user and  any enforcement response taken
      or anticipated. Such report will include the time frames for initial enforcement actions, as
      well as any subsequent enforcement actions.

  I.   [Contributing Jurisdiction]  will enforce the provisions of its sewer use ordinance and
      permits. In the event [Contributing Jurisdiction] fails to take adequate enforcement action
      against noncompliant users in [Contributing Jurisdiction] on a timely basis, [Control
      Authority] will take such action on behalf of and as agent for [Contributing Jurisdiction].

3.    [Control Authority] may take emergency action,  whenever it deems necessary, to stop or
      prevent any discharge which presents, or may  present, an imminent  danger to the  health
      or welfare of humans, which reasonably appears to threaten the environment, or  which
      threatens  to  cause  interference, pass  through, or  sludge  contamination.    [Control
      Authority]  will  provide informal   notice to the industrial user  and  [Contributing
     Jurisdiction] of its intent to take emergency action prior to taking action. The opportunity
      to respond, however, may be limited to a hearing  after the emergency powers of [Control
      Authority] have been exercised.

4.    Before an industrial  user located outside the jurisdictional boundaries of [Contributing
     Jurisdiction] discharges into [Contributing Jurisdiction]'s sewer system, [Contributing
     Jurisdiction] and [Control Authority] will enter into an agreement  with the jurisdiction
      in which such industrial user is  located.  Such agreement shall be substantially equivalent
     to this  Agreement and must be fully secured prior to a  discharge from any industrial user
     in the outside jurisdiction.

5.    [Contributing Jurisdiction] will indemnify [Control Authority] for all damages, fines,
     and costs either  incurred as a result of  industrial waste  discharged  from [Contributing
     Jurisdiction]  or  from the  failure of [Contributing Jurisdiction] to  comply  with  this
     Agreement.

6.A. If any  term of this Agreement is held to be invalid in  any judicial action, the remaining
     terms of this Agreement will  be unaffected.

 B.  The Parties will review and revise this Agreement to ensure compliance with  the Federal
     Clean Water Act (42 U.S.C. §1251 £l sfifl.) and the rules and regulations (see 40 CFR Part
     403) issued thereunder, as necessary, but at least every [ ] years on a date to be determined
     by the  Parties.
                                          B-3

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C.  [Control Authority] may terminate this Agreement by providing [ ] days written notice to
    the [Contributing Jurisdiction]. All benefits and obligations under this Agreement will
    cease following [ ] days from receipt of such notice.
    [Control Authority]                      [Contributing Jurisdiction]
                                        B-4

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              APPENDIX C




EXAMPLE OF AN INDUSTRIAL USER CONTRACT

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 This model language is intended as a guide for an individual contract with an industrial user
 located in a contributing jurisdiction. This language addresses only pretreatment issues and may
 be adapted to address other issues,  such as sewer use fee schedules.  Items in brackets ("[]")
 must be supplied by the parties.


     This Agreement is entered into this	day of	,  19	between [Control Authority]

 and [Industrial user] (hereinafter jointly referred to as the "Parties").


                                      RECITALS

 1.   [Control Authority] owns  and operates a wastewater treatment system.

 2.   [Industrial  user] wishes to utilize the wastewater treatment system.

 3.   The Parties recognize that [Control Authority] must implement and enforce a pretreatment
     program to control discharges from all industrial users of its wastewater treatment system
     pursuant  to requirements set  out in 40 CFR  Part 403  [and  State Code citation if
     appropriate].

                                     AGREEMENT

 1.   [Control Authority] will provide sewer service  to [Industrial user] in consideration for
     payment of applicable sewer use rates and fees.

 2.   Prior to discharge, [Industrial user] will submit  to [Control Authority] an application for
     a permit to discharge industrial wastes according to [cite appropriate provision in Control
     Authority's sewer use ordinance]  (hereinafter referred  to as the "Ordinance").  The
     [Control Authority] will either issue a permit subject to appropriate terms and conditions
     or will deny the permit application in accordance with  the Ordinance.

 3.   Industrial user will comply with all applicable prohibitions of the Ordinance, [State Code
     citation  if appropriate] and 40 CFR Parts 403 through 471.  If [Control Authority]
     issues a permit to [Industrial user],  [Industrial  user] will comply with all conditions and
     obligations imposed on it by the permit.

4.   [Industrial user] subjects itself to any enforcement action available to [Control Authority]
     under  the terms of the  Ordinance  for  any violation  of  the Ordinance or its permit.
     [Industrial user] accepts the jurisdiction of [cite appropriate  Court]  for the purposes of
     enforcing the Ordinance and will comply with any order of that court to comply with this
     Agreement or pay penalties for the violation thereof.

5.   [Industrial user] will provide access to [Control Authority],  or its agents, to all parts of
     its  facilities  for all  measuring,  sampling,  testing,  or  other  inspection  to  ascertain
     compliance  with [Control Authority] 's sewer use ordinance  and [Industrial  user]'s
     permit.  [Control Authority] may conduct inspections  at all reasonable times and without
     prior  notice.

6.   The  permit will authorize [Industrial user]  to  discharge  to  [Control  Authority]'s
     wastewater treatment system for a specified period of time.  Prior to the expiration of its
     permit, [Industrial user] must submit another application for  a permit as specified in the
     Ordinance.  [Control Authority] will review the  application and decide whether to reissue


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     a permit to [Industrial user].  [Control Authority] may deny [Industrial user] a permit
     for whatever reason it deems appropriate.

7.   [Industrial user] will indemnify [Control Authority] for all damages, fines, and costs
     incurred as a result of its industrial waste discharge.

8.   If any term of this Agreement is held to be invalid  in any judicial action,  the remaining
     terms will be unaffected.

9.   This Agreement will remain in effect for a term of [ ] years subject to renewal. Renewal
     of this Agreement must be executed  in a  signed writing  at least [ ] days prior  to the
     expiration of the term of this Agreement.

10.   This Agreement may be amended only by written agreement of the Parties.
     [Control Authority]                       [Industrial User]
                                          C-2

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