HomeMy WebLinkAbout2290ORDINANCE NO. 02 ! Q,
AN ORDINANCE of the City of Port Angeles,
Washington, relating to pretreatment of
industrial wastewater discharge into the
wastewater system of the City of Port Angeles;
defining terms; promulgating regulations;
allowing for fees; providing for enforcement;
requiring records retention; repealing
ordinances in conflict; and establishing a new
chapter in the Port Angeles Municipal Code.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ANGELES as follows:
INDUSTRIAL WASTEWATER PRETREATMENT
SECTIONS
1. Purpose and Policy
2. Definitions
3. General Discharge Prohibitions
4. Limitations on Wastewater Strength
5. Accidental Discharges
6. Pretreatment Facilities
7. Fees
8. Administration
9. Standards Modification
10. Operating Upsets
11. Confidential Information
12. Enforcement
13. Penalties
14. Records Retention
15. Repealer
16. Severability
17. Effective Date
Section 1 Purpose and Policy
A. This Ordinance sets forth uniform requirements for Dis-
chargers into the POTW (Public Owned Treatment Works) and enables
the "City" to protect public health in conformity with all
applicable local, state and Federal laws relating thereto.
The objectives of this Ordinance are:
1. To prevent the introduction of pollutants into the City
wastewater system which will interfere with the normal
operation of the system or contaminate the resulting
municipal sludge;
2. To prevent the introduction of pollutants into the City
wastewater system which do not receive adequate treat-
ment in the POTW, and which will pass through the
system into receiving waters or the atmosphere or
otherwise be incompatible with the system;
3. To improve the opportunity to recycle and reclaim
wastewater and sludge from the system.
B. This Ordinance provides for the regulation of discharge
into the City wastewater system through the enforcement of
administrative regulations. This Ordinance does not provide for
recovery of operations, maintenance or replacement costs of the
POTW or the costs associated with the construction of collection
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and treatment systems used by Dischargers, in proportion to their
use of the POTW, which are the subject of separate enactments.
A. Act
Section 2 Definitions.
The Clean Water Act (33 U.S.C. 1251 et sea}, as
amended.
B. Applicable
Pretreat-
ment
Standards
For any specified pollutant, City prohibitive
discharge standard, City's specific limitations
on discharge, the State of Washington pretreatment
standards or the National Categorical Pretreatment
Standards (when effective), whichever standard is
most stringent.
C. Categorical National Pretreatment Standards specifying
Pretreat- quantities or concentrations of pollutants or
ment pollutant properties which may be discharged
Standards or introduced into a POTW by specific Indus-
trial Dischargers.
D. Discharger Any non - residential user who discharges an
effluent into a POTW by means of pipes, conduits,
pumping stations, force mains, constructed
drainage ditches, surface water intercepting
ditches, intercepting ditches, and all constructed
devides and appliances appurtenant thereto.
E. Indirect
Discharge
F. Industrial
Waste
G. Inter-
ference
The discharge or the introduction of non - domestic
pollutants from a source regulated under Section
307(b) or (c) of the Act, into a POTW.
Solid, liquid or gaseous waste resulting from any
industrial, manufacturing, trade or business
process or from the development, recovery or
processing of natural resources.
An inhibition or disruption of the POTW, its
treatment processes or operations, or its sludge
processes, use of which is a cause of or signifi-
cantly contributes to either a violation of any
requirement of the POTW's NPDES permit (including
an increase in the magnitude or duration of a
violation) or to the prevention of sewage sludge
use or disposal by the POTW in accordance with the
following statutory provisions and regulations or
permits issued thereunder (or more stringent State
or Local regulations): Section 405 of the Clean
Water Act, the Solid Waste Disposal Act (SWDA)
(including title II more commonly referred to as
the Resource Conservation and Recovery Act (RCRA)
and including State regulations contained in any
State sludge management plan prepared pursuant to
Subtitle D of the SWDA), the Clean Air Act, and
the Toxic Substances Control Act. A Discharger
significantly contributes to such a permit
violation or prevention of sludge use or disposal
in accordance with the above -cited authorities
whenever such Discharger:
(1) Discharges a daily pollutant loading in
excess of that allowed by contract with the
POTW or by Federal, State or Local Law.
H. May
I. Natural
Outlet
J. New Source
K. NPDES
L. 0 and M
M. Other
Wastes
N. POTW
(Public
Owned
Treatment
Works)
0. Pollutant
P. Pretreat-
ment
(2) Discharges wastewater which substantially
differs in nature or constituents from the
Discharger's average discharge; or
(3) Knows or has reason to know that its
discharge, alone or in conjunction with
discharges from other sources, would result
in a POTW permit violation or prevent sewage
sludge use or disposal in accordance with the
above -cited authorities as they apply to the
POTW's selected method of sludge management.
Is permissive (see "shall ").
Any outlet, including storm sewer overflows, into
a watercourse, pond, ditch, lake or other body of
surface or ground water.
Any building, structure, facility, or installation
from which there is or may be a discharge, the
construction of which'commenced:
(1) After promulgation of Pretreatment Standards
under Section 307(c) of the Act which are
applicable to such source; or
(2) After proposal of Pretreatment Standards in
accordance with Section 307(c) of the Act
which are applicable to such sources, but
only if the standards are projulgated in
accordance with Section 307(c) within 120
days of their proposal.
National Pollutant Discharge Elimination System
Permit program as administered by the USEPA or
State.
Operation and Maintenance.
Decayed wood, sawdust, shavings, bark, lime,
refuse, ashes, garbage, offal, oil, tar, chemicals
and all other substances except sewage and indus-
trial wastes.
Any sewage treatment works and the sewers and con-
veyance appurtenances discharging thereto, owned
and operated by the City.
Any substance discharged into a POTW or its col-
lection system, including, but not limited to,
those listed in Appendices A and B, which are
attached hereto and incorporated herein by this
reference.
The reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of
the nature of pollutant properties in wastewater
to a less harmful state prior to or in lieu of
discharging or otherwise introducing such pollu-
tants into a POTW.
Q. Sewage
R. Sewer
S. Shall
Water - carried human wastes or a combination of
water - carried wastes from residence, business
buildings, institutions and industrial establish-
ments, together with such ground, surface, storm
or other waters as may be present.
Any pipe, conduit, ditch or other device used to
collect and transport sewage or storm water from
the generating source.
Is mandatory.
T. Significant An industrial user of the City's Wastewater
Industrial disposal system who:
Discharger
(SID) (a) is subject to or potentially subject to
national pretreatment standards promulgated
under Section 307(b) or (c) of the Clean
Water Act (CWA);
(b) has in his wastes any priority toxic
pollutants listed in Appendix A or other
toxic pollutants listed in Section 3 of this
Ordinance;
(c) Has in his wastes toxic pollutants as defined
pursuant to Section 307 of the CWA;
(d) Has a discharge flow of 10,000 gallons or
more per average work day;
(e) has a flow greater than 5% of the flow in the
City's wastewater treatment system; or
(f) is determined by the City to have a signifi-
cant impact or potential for significant
impact, either singly or in combination with
other contributing industries, on the waste-
water treatment system, the quality of
sludge, the systems effluent quality, or air
emissions generated by the system.
U. Slugload Any substance released in a discharge at a rate
and /or concentration which causes interference to
a POTW.
V. Toxic Those substances listed in Appendix A herein, and
Pollutants any other pollutant or combination of pollutants
listed as toxic in regulations promulgated by the
Administrator of the Environmental Protection
Agency under Section 307 of the Clean Water Act.
W. Upset
An exceptional incident in which a Discharger
unintentionally and temporarily is in a state of
noncompliance with the standards set forth in
this Ordinance due to factors beyond the reason-
able control of the Discharger, and excluding
noncompliance to the extent caused by operational
error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preven-
tive maintenance, or careless or improper opera-
tion thereof.
X. Wastewater Industrial waste, or sewage or any other waste
including that which may be combined with any
ground water, surface water or storm water, that
may be discharged to the POTW.
Section 3 General Discharge Prohibitions. No Dis-
charger shall contribute or cause to be discharged, directly or
indirectly, any of the following described substances into the
wastewater disposal system or otherwise to the facilities of the
City:
(a) Any liquids, solids, or gases which by reason of their
nature or quantity are, or may be sufficient either
alone or by interaction with other substances to cause
fire or explosion or be injurious in another way to the
POTW or to the operation of the POTW. At no time shall
two successive readings on an explosion hazard meter,
at the point of discharge into the system (or at any
point in the system), be more than five percent (5 %)
nor any single reading over ten percent (10 %) of the
Lower Explosive Limit (LEL) of the meter. Prohibited
materials include, but are not limited to, gasoline,
kerosene, naphtha, benzene, toluene, xylene, ethers,
alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromenes, carbides, hydrides, sulfides
and any other substances which the City, the State, or
the EPA has notified the user is a fire hazard or a
hazard to the system.
(b) Any water or waste containing fats, wax, grease, or
oils, whether emulsified or not, in excess of one
hundred (100) mg /1 or containing substances which may
solidify or become viscous at temperatures between
thirty -two degrees Fahrenheit (32 °F) or zero degress
Centigrade (0 °C) and one hundred fifty Fahrenheit
(150 °F) or sixty -five Centigrade (65 °C).
(c) Any garbage that has not been properly shredded. The
installation and operation of any garbage grinder
equipped with a motor of three fourths (3/4) horse
power (0.76 hp metric) or greater shall be subject to
the review and approval of the Public Works Director.
(d) Any soluble waste or wastes having a PH lower than 5.0
or higher than 9.0 or having any other corrosive
property which reasonably could be hazardous to
structures, equipment, or personnel of the City, such
as, but not limited to, battery or plating acids and
wastes, copper sulfate, chromium salts and compounds,
or salt brine.
(e
Any wastewater containing toxic pollutants in suffi-
cient quantity, either singly or by interaction to
injure or interfere with any wastewater treatment
process, constitute a hazard to humans or animals, or
to exceed the limitation set forth in National
Categorical Pretreatment Standards, Appendix B hereto.
A toxic pollutant shall include, but not be limited to,
any pollutant identified in the Toxic Pollutant List
set forth in the Federal Priority Pollutant List,
Appendix A.
(f) Any noxious or malodorous liquids, gases, or solids
which either singly or by interaction are capable of
creating a public nuisance or hazard to life or are
sufficient to prevent entry into the sewers for their
maintenance and repair.
(g) Any substance which may cause the POTW's effluent or
treatment residues, sludges, or scums, to be unsuitable
for reclamation and reuse or to interfere with the
reclamation process. (In no case, shall such a
substance discharged to the POTW cause the POTW to be
in noncompliance with sludge use or disposal criteria,
guidelines or regulations developed under Section 405
of the Act; any criteria, guidelines, or regulations
affecting sludge use or disposal developed pursuant to
the Solid Waste Disposal Act, the Clean Air Act, the
Toxic Substances Control Act, or State standards
applicable to the sludge management method being used.)
(h) Any substance which will cause the POTW to violate its
NPDES and /or other Disposal System Permits.
(i) Any substance with objectionable color not removed in
the treatment process, such as, but not limited to, dye
wastes and vegetable tanning solutions.
(j) Any liquid or vapor having a temperature higher than
150 °F (65 °C) or having temperatures sufficient to cause
the in- fluent to the treatment plant to exceed 104 °F
(40 °C). If, in the opinion of the Public Works
Director, lower temperatures of such wastes could harm
either the sewers, sewage treatment process, or equip-
ment; have an adverse effect on the receiving streams
or otherwise endanger life, health, or property; or
constitute a nuisance, the Public Works Director may
prohibit such discharges.
(k) Any slugload, which shall mean any pollutant, including
oxygen demanding pollutants (BOD, etc.), released in a
single extraordinary discharge episode of such volume o
strength as to cause interference to the POTW.
(1) Any unpolluted water including, but not limited to,
non - contact cooling water, unless otherwise approved.
(m) Any wastewater containing any radioactive wastes or
isotopes of such halflife or concentration as exceed
limits established by the City in compliance with
applicable State or Federal Regulations.
(n) Any wastewater which causes a hazard to human life or
creates a public nuisance.
(o) Any of the following discharges unless approved other-
wise in writing by the Public Works Director:
(1) A standard five (5) day biochemical oxygen demand
greater than four hundred (400) milligrams per
liter or fifty (50) pounds in any one day.
(2) Wastes containing more than four hundred (400)
milligrams per liter of suspended solids or fifty
(50) pounds in any one day.
(3) A flow of fifty thousand (50,000 gaollons or more
per average work day or a flow greater than five
percent (5 %) of the flow carried by the treatment
facility receiving the waste.
(4) Chlorine demand of more than twenty (20) mg /1.
(5) Wastewater at a flow rate and /or pollutant dis-
charge rate which is excessive over a relatively
short time period so that there is a treatment
process upset and subsequent loss of treatment
efficiency.
Section 4 Limitations on Wastewater Strength.
A. National Categorical Pretreatment Standards: National
categorical pretreatment standards as promulgated by the U. S.
Environmental Protection Agency pursuant to the Act will become a
part of this Ordinance and shall be met by all Dischargers of the
regulated industrial categories. An application for modification
of the national categorical pretreatment standards may be con-
sidered for submittal to the Regional Administrator by the City,
when the City's wastewater treatment system achieves consistent
removal of the pollutants as defined by 40 CFR Section 403.7.
S. State Requirements: State requirements and limitations
on discharges to the POTW shall be met by all Dischargers which
are subject to such standards in any instance in which they are
more stringent than federal requirements and limitations or those
in this or any other applicable ordinance.
C. Right of Revision: The City reserves the right to
amend this Ordinance to provide for more stringent limitations or
requirements on discharges to the POTW where deemed necessary to
comply with the objectives set forth in Section 1 of this
Ordinance.
D. Dilution: No Discharger shall, without written approva
of the Director of Public Works, increase the use of potable or
process water in any way, nor mix separate waste streams for the
purpose of diluting a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with the
standards set forth in this Ordinance.
E. Supplementary Limitations: No Discharger shall dis-
charge wastewater containing concentrations of substances exceed-
ing the following values:
Any waters or wastes containing heavy metals and
similar objectionable or toxic substances to such a
degree that any such material received in the composite
sewage at the point of discharge exceeds the limits as
follows:
Arsenic 0.5 mg /1
Cadmium 0.5 mg /1
Total Chromium 2.0 mg /1
Copper 2.0 mg /1
Cyanide 1.0 mg /1
Lead 1.5 mg /1
Mercury 0.05 mg /1
Nickel 1.5 mg /1
Silver 0.5 mg /1
Zinc 1.5 mg /1
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The City may impose mass limitations on Dischargers which are
using dilution to meet the Pretreatment Standards or Requirements
of this Ordinance, or in other cases where the imposition of mass
limitations is deemed appropriate by the City.
Section 5 Accidental Discharges. Each Discharger shal
provide protection from accidental discharge of prohibited or
regulated materials or substances established by this Ordinance.
Where necessary, facilities to prevent accidental discharge of
prohibited materials shall be provided and maintained at the
Discharger's cost and expense. Detailed plans showing facilities
and operating procedures to provide this protection shall be
submitted to the City for review within 180 days after notifica-
tion, and shall be approved by the City before construction of
the facility. Each existing Discharger where required by the
Director of Public Works shall complete its plan and submit same
to the City. No Discharger who discharges to the POTW shall be
permitted to introduce pollutants into the system until Acci-
dental Discharge Protection Procedures have been approved by the
City. Review and approval of such plans and operating procedures
by the City shall not relieve the Discharger from the responsi-
bility to modify its facility as necessary to meet the require-
ments of this Ordinance.
Dischargers shall notify the City immediately upon the
occurrence of a "slugload ", or accidental discharge of substances
prohibited by this Ordinance. The notification shall include
location discharge, date and time thereof, type of waste, concen-
tration and volume, and corrective actions. Any Discharger who
discharges a slugload of prohibited materials shall be liable for
any expense, loss or damage to the POTW, in addition to the
amount of any fines imposed on the City on account thereof under
State or Federal law.
Signs shall be permanently posted in conspicuous places
on Significant Industrial Discharger's premises, advising em-
ployees whom to call in the event of a slug or accidental dis-
charge. Employers shall instruct all employees who may cause or
discover such a discharge with respect to emergency notification
procedure.
Section 6 Pretreatment Facilities. Dischargers shall
provide necessary wastewater pretreatment as required to comply
with this ordinance and shall achieve compliance with all applic-
able pretreatment standards within the time limitations as
specified by appropriate Statutes, regulations, and ordinances.
National Categorical Pretreatment Standards shall be added to
this Ordinance as amendments. Any facilities required to pre-
treat wastewater to a level acceptable to the City shall be
provided, properly operated and maintained at the Discharger's
expense. Detailed plans showing the pretreatment facilities
shall be submitted to the City for review and must be acceptable
to the City before construction of the facilities. The Dis-
charger shall obtain all necessary construction - operating permits
from the City. Such pretreatment facilities shall be under the
control and direction of a State certified Wastewater Treatment
Operator. The review of such plans shall in no way relieve the
Discharger from the responsibility of modifying its facility as
necessary to produce an effluent acceptable to the City under the
provisions of this Ordinance. Within a reasonable time after the
completion of the wastewater treatment facility, the Discharger
shall furnish its operations and maintenance procedures for the
City to review. Any subsequent significant changes in the pre-
treatment facilities or method of operation shall be reported to
and be accepted by the City prior to the User's initiation of the
changes.
Section 7 Fees.
A. Purpose. The purpose of this Section is to provide for
the payment of fees from Dischargers to the City's wastewater
disposal system, in order to compensate the City for the cost of
administration of the pretreatment program established herein.
B. Charges and Fees. The following fees shall be estab-
lished to take effect 180 days after the adoption of this
Ordinance:
(1) Fees for monitoring, inspections and surveillance
procedures: $ at cost
(2) Fees for filing appeals: $25.00
(3) Fees for reviewing accidental discharge procedures
and construction: $ at cost
(4) Fees for review of drawings, specifications and
compliance schedules for pretreatment facilities:
$ at cost
(5) Fees for issuance of industrial wastewater accep-
tance forms: $75.00
(6) Other charges as the City may deem necessary to
carry out the requirements of this Ordinance:
$ at cost
Section 8 Administration.
A. Wastewater Discharge and Connection. It shall be unlaw-
ful to discharge sewage, industrial wastes or other wastes to any
sewer within the jurisdiction of the City, and /or to the POTW
without having first complied with the terms of this Ordinance.
A Significant Industrial Discharger shall not be allowed to
connect to the wastewater system without written approval from
the Director of Public Works.
B. Wastewater Discharge Data Disclosure. Significant
Industrial Dischargers (SIDs) shall complete and file with the
City a disclosure declaration in the form prescribed by the City.
Existing SIDs shall file disclosure forms within thirty (30) days
after the effective date of this Ordinance, and proposed new
SIDs shall file disclosure forms at least sixty (60) days prior
to connecting to the POTW. The disclosure to be made by the SID
on the written form provided by the City shall include:
(1) Disclosure of name, address, and location of the SID;
(2) Disclosure of Standard Industrial Classification (SIC)
number according to the Standard Industrial Classifica-
tion Manual, Bureau of the Budget, 1972, as amended;
(3) Disclosure of wastewater constituents and characteris-
tics including, but not limited to, those mentioned in
this Ordinance, including Appendices A and B, as
appropriate, as determined by bona fide chemical and
biological analyses. Sampling and analysis shall be
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performed in accordance with procedures established by
the U. S. EPA and contained in 40 CFR, Part 136, as
amended;
(4) Disclosure of time and duration of discharges;
(5) Disclosure of average daily and instantaneous peak
wastewater flow rates, in gallons per day, including
daily, monthly and seasonal variations, if any. All
flows shall be measured unless other verifiable
techniques are approved by the City due to cost or
non - feasibility.
(6) Disclosure of site plans, floor plans, mechanical and
plumbing plans and details to show all sewers, sewer
connections, inspection manholes, sampling chambers and
appurtenances by size, location and elevation;
(7) Description of activities, facilities and plant
processes on the premises including all materials which
are or may be discharged to the sewers or works of the
City;
(8) Disclosure of the nature and concentration of any pol-
lutants or materials prohibited by this Ordinance in
the discharge, together with a statement regarding
whether or not compliance is being achieved with this
Ordinance on a consistent basis and if not, whether
additional pretreatment is required, for the SID to
comply with this Ordinance.
(9) Where additional pretreatment and /or operation and
maintenance activities will be required to comply with
this Ordinance, the SID shall provide a declaration of
the shortest schedule by which the SID will provide
such additional pretreatment and /or implementation of
additional operational and maintenance activities.
(a) The schedule shall contain milestone dates for the
commencement and completion of major events lead-
ing to the construction and operation of additiona
pretreatment required for the SID to comply with
the requirements of this Ordinance including, but
not limited to, dates relating to hiring an
engineer, hiring other appropriate personnel, com-
pleting preliminary plans, completing final plans,
executing contract for major components, commenc-
ing construction, completing construction, and all
other acts necessary to achieve compliance with
this Ordinance.
(b) Only upon recommendation of the Director of Public
Works and approval of the City Council shall the
City permit a time increment for a single step
directed toward compliance to exceed nine (9)
months.
(c) Not later than fourteen (14) days following each
milestone date in the schedule and the final date
for compliance, the SID shall submit a progress
report to the City, including no less than a
statement as to whether or not it complied with
the increment of progress represented by that
milestone date and, if not, the date on which it
expects to comply with this increment of progress,
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the reason for delay, and the steps being taken by
the SID to return the construction to the approved
schedule. In no event shall more than nine (9)
months elapse between such progress reports to the
City.
(10) Disclosure of each product produced by type, amount,
process or processes and rate of production;
(11) Disclosure of the type and amount of raw materials
(chemicals) utilized (average and maximum per day);
(12) All disclosure forms shall be signed by a principal
executive officer of the SID, and a qualified engineer
when so required by the Director of Public Works.
(13) The City may require inspection and sampling manholes
and /or flow measuring recording in sampling equipment
if deemed necessary by the Director of Public Works to
assure compliance with this Ordinance.
C. Industrial Wastewater Acceptance. The City will evalu-
ate the complete disclosure form and data furnished by the SID
and may require additional information. Within 30 days after
full evaluation and acceptance of the data furnished, the City
shall notify the SID of the City's acceptance thereof by issuance
of an Industrial Wastewater Acceptance form (IWA). The following
standard conditions apply to each IWA issued by the City:
(1) Any fees and charges to be paid upon initial issuance;
(2) Limits on the average and maximum wastewater
constituents and characteristics;
(3) Limits on average and maximum rate and time of dis-
charge or requirements for flow regulations and
equalization;
(4) Requirements for installation and maintenance of
inspection and sampling facilities;
(5) Special conditions as the City may reasonably require
in particular circumstances of a given discharge,
including sampling locations, frequency of sampling,
number, types, and standards for tests and reporting
schedule;
(6) Compliance schedules;
(7) Requirements for submission of special technical
reports or discharge reports where same differs from
those prescribed by this Ordinance;
(8) Any special agreements the City chooses to continue or
develop between the City and the SID.
All IWAs shall be issued for perpetual duration, sub-
ject to amendment or revocation as provided in this Ordinance.
Under extraordinary circumstances, it may be issued for a stated
period or may be stated to expire on a specific date.
•
•
IWAs are issued to a specific SID for a specific opera-
tion and are not assignable to another SID without the prior
written approval of the City, or transferable to any other
location.
D. Monitoring.
(1) Where required, the SID shall provide monitoring
facilities, installed and maintained at all times at
the SID's expense, to allow inspection, sampling, and
flow measurement at locations specified in the IWA.
There shall be ample room in and near such monitoring
facilities to allow accurate sampling and monitoring
equipment to be installed and to prepare samples for
analysis. Such facilities shall be accessible to
authorized representatives of the City at all times
upon presentation of suitable identification from 8:00
A.M. to 5:00 P.M. five days per week, provided that
authorized representatives of the City personnel shall,
under exceptional circumstances, have access upon
presentation of suitable identification from 8 :00 A.M.
to 5:00 P.M. seven days per week. Where required by
Federal or State Regulations, such monitoring
facilities shall be provided at the end of a process or
unit production from which regulated toxic pollutants
are discharged.
(2) The SID shall retain wastewater monitoring records for
a period of three (3) years. During this period said
records shall be available for inspection and duplica-
tion by authorized representatives of the City.
(3) The SID shall notify the City prior to the introduction
of new wastewater or pollutants or any substantial
change in the volume or characteristics of the waste-
water being introduced into the POTW from the User's
processes. Formal written notification shall follow
within 30 days of such introduction.
The SID shall notify the City immediately upon any
accidental or slug discharge to the sanitary sewer as
outlined in the industrial spill reporting requirements
of the City.
(4) No IWA shall be issued to any SID whose discharge of
pollutants to the sanitary sewer, whether shown upon
the application or determined after inspection,
monitoring or analysis by the City, is not in conform-
ance with Federal, State or City laws, ordinances or
regulations. The City may grant variances of City
standards and requirements in accordance with this
Ordinance.
E. Compliance.
(1) The terms and conditions of the IWA are subject to
modification by the City during the term of the IWA as
limitations or requirements are modified or for other
just cause. The user shall be informed of any proposed
changes in this IWA at least thirty (30) days prior to
the effective date of change. Changes or additions to
the IWA shall include a time schedule for compliance.
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(2) Not later than fourteen (14) days following each date
in the compliance schedule and the final date for
compliance given by the SID in the Data Disclosure Form
and included as part of the IWA, the SID shall submit a
progress report to the City. This report must indicate
whether or not the increment of progress was met on the
date on which the SID expects to comply with the incre-
ment of progress, the reason for delay, and what steps
are being taken by the SID to return to the schedule
established. In no event shall more than six (6)
months elapse between such progress reports to the
City.
The compliance dates for the increments of progress
given the compliance schedule will be revised only at
the discretion of the City. Failure to meet the com-
pliance dates without just reason for delay is a vio-
lation of the conditions of the IWA.
(3) Compliance Date Report: Within ninety (90) days fol-
lowing the date for final compliance by the SID with
applicable Pretreatment Standards set forth in this
Ordinance or following commencement of the introduction
of wastewater into the POTW by a New Discharger, any
Discharger subject to this ordinance shall submit to
the City a report indicating the nature and concentra-
tion of all prohibited or regulated substances con-
tained in its discharge, and the average and maximum
daily flow in gallons. The report shall state whether
the applicable Pretreatment Standards or Requirements
are being met on a consistent basis and, if not, what
additional 0 & M and /or pretreatment is necessary to
bring the Discharger into compliance with applicable
Pretreatment Standards or Requirements. This Statement
shall be signed by an authorized representative of the
Discharger, and certified to by a qualified engineer,
where applicable, licensed to practice in the State of
Washington.
(4) Periodic Compliance Reports:
(a) Any Discharger subject to a Pretreatment Standard
set forth in this Ordinance, after the compliance
date of such Pretreatment Standard, or, in the
case of a New Discharger, after commencement of
the discharge to the City, shall submit to the
City during the months of June and December,
unless required more frequently by the City, a
report indicating the nature and concentration of
prohibited or regulated substances in the effluent
which are limited by the Pretreatment Standards
hereof. In addition, this report shall include a
record of all measured or estimated average and
maximum daily flows during the reporting period.
Flows shall be reported on the basis of actual
measurement; provided, however, where cost or
feasibility considerations justify, the City may
accept reports of average and maximum flows
estimated by verifiable techniques. The City, for
good cause shown, considering such factors as
local high or low flow rates, holidays, budget
cycles, or other extenuating factors, may
authorize the submission of said reports in months
other than those specified above.
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(b) Reports of Dischargers shall contain all results
of sampling and analysis of the discharge, includ-
ing the flow and the nature and concentration, or
production and mass where required by the City.
The frequency of monitoring by the Discharger
shall be prescribed in an IWA. All analyses shall
be performed in accordance with procedures
established by the Director of Public Works pur-
suant to Section 304(g) of the Act and contained
in 40 CFR Part 136 and amendments thereto or with
any other test procedures approved by the Direc-
tor. Sampling shall be performed in accordance
with the techniques approved by the Director.
Where 40 CFR Part 136 does not include sampling or
analytical techniques for the pollutants in ques-
tion, or where the Director determines that the
Part 136 sampling and analytical techniques are
inappropriate for the pollutant in question,
sampling and analyses shall be performed using
validated analytical methods or any other sampling
and analytical procedures, including procedures
suggested by the City or other parties, approved
by the Director.
F. Revocation and Expiration.
(1) The IWA issued to the SID by the City may be revoked
when, after inspection, monitoring or analysis, it is
determined that the discharge of wastewater to the
sanitary sewer is in violation of Federal, State, or
City laws, ordinances, or regulations.
The IWA shall be revoked due to falsification or
intentional misrepresentation of data or statements
pertaining to the Data Disclosure Form or any other
required reporting form.
(2) The City shall notify the SID one hundred and eighty
(180) days prior to the expiration of the IWA. Within
ninety (90) days of the notification, the SID shall
apply for reissuance of the IWA on a form provided by
the City.
Section 9 Standards Modification. The City reserves
the right to amend this Ordinance and the terms and conditions
hereof in order to assure compliance by the City with applicable
laws and regulations. Within nine (9) months of the promulgation
of a National Categorical Pretreatment Standard, this Ordinance
shall be amended to require compliance by Dischargers with such
standards within the time frame prescribed by such standards.
All National Categorical Pretreatment Standards adopted after the
promulgation of this Ordinance shall be adopted by the City as
part of this Ordinance. Where an SID, subject to a National •
Categorical Pretreatment Standard, has not previously submitted a
disclosure form as required by Section 8B(2), the SID shall file
a disclosure form with the City within 180 days after the
promulgation of the Applicable National Categorical Pretreatment
Standard by the U.S. EPA. In addition, any SID operating on the
basis of a previous filing of a disclosure statement, shall
submit to the City within 180 days after the promulgation of any
applicable National Categorical Pretreatment Standard, the
additional information required by paragraphs (8) and (9) of
Section 8B(2). If deemed necessary by the City, where National
Categorical Pretreatment Standards are more stringent, the IWA
will be modified. The SID shall be informed of any proposed
-14-
changes in the Ordinance at least thirty (30) days prior to the
effective date of change. Any changes or new conditions in the
Ordinance include a reasonable time schedule for compliance.
Section 10 Operating Upsets.
A. Any Discharger which experiences an upset in operations
which places the Discharger in a temporary state of noncompliance
with this Ordinance shall inform the City thereof within twenty -
four (24) hours of first awareness of the commencement of the
upset. Where such information is given orally, a written follow -
up report thereof shall be filed by the Discharger with the City
within five (5) days. The report shall specify:
1. Description of the upset, the cause thereof, and the
upset's impact on the Discharger's compliance status.
2. Duration of noncompliance, including exact dates and
times of noncompliance, and if the noncompliance
continues, the time by which compliance is reasonably
to occur.
3. All steps taken or to be taken to reduce, eliminate,
and prevent recurrence of such an upset or other
conditions of noncompliance.
B. A documented and verified bona fide operating upset
shall be an affirmative defense to any enforcement action brought
by the City against the Discharger for any noncompliance with the
Ordinance which arises out of violations alleged to have occurred
during the period of the upset.
Section 11 Confidential Information. Information and
data furnished to the City with respect to the nature and fre-
quency of discharge shall be available to the public or other
governmental agency without restriction unless the Discharger
specifically requests and is able to demonstrate to the satisfac-
tion of the City that the release of such information would
divulge information, processes or methods of production entitled
to protection as trade secrets or proprietary information of the
Discharger.
When requested by a Discharger furnishing a report, the
portions of a report which may disclose trade secrets or secret
processes shall not be made available for inspection by the
public but shall be made available upon written request to
governmental agencies for uses related to this Ordinance, the
National Pollutant Discharge Elimination System (NPDES) permit,
State Disposal System permit and /or the Pretreatment Programs;
provided, however, that such portions of a report shall be
available for use by the State or any state agency in judicial
review or enforcement proceedings involving the Discharger
furnishing the Report. Wastewater constituents and characteris-
tics will not be recognized as confidential information.
Information accepted by the City as confidential shall
not be transmitted to any governmental agency or to the general
public by the City until and unless a ten (10) day notification
is given to the Discharger.
Section 12 Enforcement.
A. Emergency Suspension of Services and Industrial Waste-
water Acceptance Form. The City may, without advance notice,
order the suspension of the wastewater treatment service to a
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Discharger when it appears to the City that an actual or threat-
ened discharge (a) presents or threatens an imminent or substan-
tial danger to the health or welfare of persons or substantial
danger to the environment, or (b) threatens to interfere with the
operation of the POTW, or to violate any pretreatment limits
imposed by the Ordinance. Any Discharger notified of the City's
suspension order shall immediately cease all discharges. In the
event of failure of the Discharger to comply with the suspension
order, the City may commence judicial proceedings immediately
thereafter to compel the Discharger's specific compliance with
such order and /or to recover civil penalties. The City shall
reinstate the wastewater treatment service upon proof by the
Discharger of the elimination of the noncomplying discharge or
conditions creating the threat as set forth above.
B. Termination of Treatment Services. Following the pro-
cedure set forth below, the City may terminate wastewater treat-
ment services to any Discharger who: (1) fails to factually re-
port accurately the wastewater constituents and characteristics
of its discharge; (2) fails to report significant changes in
wastewater constituents or characteristics; (3) refuses reason-
able access to the Discharger's premises by representatives of
the City for the purpose of inspection or monitoring; or (4)
violates the provisions of this Ordinance, or any order of the
City with respect thereto.
C. Notification of Violation: Administration Adjustment.
Whenever the City finds that any Discharger has violated Sub-
section 12(B) hereof, the City shall cause to be served upon such
Discharger a written notice either personally or by certified or
registered mail, return receipt requested, stating the nature of
the alleged violation. Within thirty (30) days of the date of
receipt of the notice, the Discharger shall respond personally or
in writing or by certified or registered mail, return receipt
requested, to the City, advising of its position with respect to
the allegations. Thereafter, the Discharger shall be given the
opportunity to meet to ascertain the veracity of the allegations
and establish a plan for the satisfactory correction of the
violations and preclusion of a recurrence thereof.
D. Show Cause Hearing. Where the violation of Subsection
12(B) hereof is not corrected by timely compliance by means of
Administration Adjustment, the City may order any Discharger
which suffers or permits a violation of Subsection 12(B) hereof
to show cause before the City or its duly authorized representa-
tive why the proposed service termination action should not be
taken. A written notice shall be served on the Discharger by
personal service, certified or registered mail, return receipt
requested, specifying the time and place of a hearing to be held
by the City or its designee regarding the violation, the reasons
why the enforcement action is to be taken, the proposed enforce-
ment action, and directing the Discharger to show cause before
the City or its designee why the enforcement action should not be
taken. The notice of the hearing shall be served no less than
ten (10) days before the hearing. Service may be made on any
agent, officer, or authorized representative of a Discharger.
The proceedings at the hearing shall be considered by the City,
which shall then enter appropriate orders with respect to the
alleged violations of the Discharger. Appeal of such orders may
be taken by the Discharger in accordance with applicable local or
state law.
E. Judicial Proceedings. Following the entry of any order
by the City with respect to the violation by a Discharger of
Subsection 12(B) hereof, the City may commence an action for
appropriate legal and /or equitable relief in the appropriate
court.
F. Enforcement Actions: Annual Publication. A list of all
Dischargers which were the subject of enforcement proceedings
pursuant to Chapter VI of this Ordinance during the twelve (12)
previous months shall be annually published by the City in the
official City newspaper, summarizing the enforcement actions
taken against the Dischargers during the same twelve (12) months
whose violations remained uncorrected forty -five (45) or more
days after notification of noncompliance; or which have a pattern
of noncompliance over that twelve (12) month period, or which
involve failure to accurately report noncompliance.
G. Right of Appeal. Any Discharger or any interested party
shall have the right to request in writing an interpretation or
ruling by the City on any matter covered by this Ordinance and
shall be entitled to a prompt written reply. In the event that
such inquiry is by a Discharger and deals with matters of perfor-
mance or compliance with this Ordinance for which enforcement
activity relating to an alleged violation is the subject, receipt
of a Discharger's request shall not stay enforcement proceedings
pending. Appeal of any final judicial order entered pursuant to
this Ordinance may be taken in accordance with state law.
Section 13 Penalties.
A. Civil Penalties. Any Discharger who violates an order
of the City, or who fails to comply with (a) any provision of
this Ordinance, or (b) any regulations, rule, or permit of the
City, issued pursuant to this Ordinance, shall be liable to the
City for a civil penalty. The amount of such civil penalty shall
be not less than $250 per violation nor more than $1,000 per
violation. Each day upon which a violation occurs or continues
shall constitute a separate violation. Such penalties may be
recovered by judicial actions and /or, to the extent permissible
by state law, by administrative procedures.
B. Recovery of Costs Incurred by the City. Any Discharger
violating any of the provisions of this Ordinance who discharges
or causes a discharge producing a deposit or obstruction or
causes damages to or impairs the City's wastewater disposal
system shall be liable to the City of any expense, loss, or
damage caused by such violation of discharge. The City shall by
order bill the Discharger for the cost incurred by the City for
any cleaning, repair, or replacement work caused by the violation
or discharge. Refusal to pay the assessed costs shall constitute
a violation of this Ordinance, enforceable under the provisions
of Section 12 of this Ordinance.
C. Falsifying Information. Any person who knowingly makes
any false statement, representation, or certification in any
application, record, report, and plan or other document filed or
required to be maintained pursuant to this Ordinance, or who
falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this ordinance, shall
(in addition to civil and /or criminal penalties provided by state
law) be guilty of a misdemeanor and shall be prosecuted and
punished accordingly.
D. General Criminal Penalties. Any Discharger who know-
ingly violates any provision of this Ordinance shall be guilty of
a misdemeanor and shall be punished accordingly.
Section 14 Records Retention. All Dischargers subject
to this Ordinance shall retain and preserve for no less than
three (3) years, any records, books, documents, memoranda,
reports, correspondence and any and all summaries thereof,
relating to monitoring, sampling and chemical analyses made by or
in behalf of a Discharger in connection with its discharge. All
records which pertain to matters which are the subject of
Administrative Adjustment or any other enforcement or litigation
activities brought by the City pursuant hereto shall be retained
and preserved by the Discharger until all enforcement activities
have concluded and all periods of limitation with respect to any
and all appeals have expired.
Section 15 Repealer. All other ordinances and parts
of other ordinances inconsistent or conflicting with any part of
this Ordinance are hereby repealed to the extent of such
inconsistency or conflict.
Section 16 Severability. If any provision, paragraph,
word, section or chapter of this Ordinance is invalidated by any
court of competent jurisdiction, the remaining provisions,
paragraphs, works, sections, and chapters shall not be affected
and shall continue in full force and effect.
Section 17 Effective Date. This Ordinance shall take
effect upon approval by the Environmental Protection Agency.
PASSED by the City Council of the City of Port Angeles
at a re ular meeting of said Council held on the gz/ day of
,�jut_, 1984.
ATTEST:
7�+�WA. Q Otw no
Merri annoye, Cit6 Clerk
APPROXED AS TO FORM:
Craig D. nutson, City Attorney
PUBLISHED:
MA OR
•
APPENDIX "A"
129 PRIORITY POLLUTANTS
•
•
Compound Name
1. *acenaphthene
2. *acrolein
3. *acrylonitrile
4. *benzene
5. *benzidine
6 *carbon tetrachloride (tetrachloromethane)
*Chlorinated benzenes (other than dichlorbenzenes)
7. Chlorobenzene
8. 1,2 ,4- ichlorobenzene
9. hexachlorobenzene
*Chlorinated ethanes (including 1,2- dichloroethane,
1,1,1 - trichloroethane and hexachloroethane)
10. 1,2- dichloroethane
11. 1,1,1- trichloroethane
12. hexachloroethena
13. 1,1- dichloroethane
• 14. 1,1,2 - trichloroethane
15. 1,1,2,2 - tetrachloroethane
16. chloroethane
*Chloroalkyl ethers (chloromethyl, chlorethyl and
mixed ethers)
i4. bis4ehleremethy1} -ether formally deleted - see
following directive
18. bis(2- chloroethyl) ether
19. 2- chloroethyl vinyl ether (mixed)
*Chlorinated naphthalene
20. 2- chloronaphthalene
*Chlorinated phenols (other than those listed elsewhere;
includes trichlorophenols and chlorinated cresols)
21. 2,4,6 - trichlorophenol
22. parachlorometa cresol
*Specific compounds and chemical classes as listed in the
consent decree.
F -23
a -ii
23. *chloroform (trichloromethane)
24. *2- chlorophenol
*Dichlorobenzenes
25. 1,2-dichlorobenzene
26. 1,3- dichlorobenzene
27. 1,4- dichlorobenzene
*Dichlorobenzidine
28. 3,3'- dichlorobenziding
*Dichloroethylenes (1,1- dichloroethylene and
1,2- dichloroethylene)
29. 1,1- dichloroethylene
30. 1,2- trans - dichloroethylene
31. *2,4- dichlorophenol
*Dichloropropane and dichloropropene
32. 1,2- dichloropropane
33. 1,3- dichloropropylene (1,3- dichloropropene)
34. *2,4- dimethylphenol
S* Dinitrotoluene
35. 1,4- dinitrotoluene
36. 2,6- dinitrotoluene
37. *1,2- diphenylhydrazine
38. *ethylbenzene
39. *fluoranthene
*Haloethers (other than those listed elsewhere)
40. 4- chlorophenyl phenyl ether
41. 4- bromopheny phenyl ether
42. bis(2- chloroisopropyl) ether
43. bis(2- chloroethoxy) methane
*Halomethanes (other than those listed elsewhere
44. methylene chloride (dichloromethane)
45. methyl chloride (chloromethane)
46. methyl bromide (bromomethane)
47. bromoform (tribromomethane)
48. dichlorobromomethane
49. tl4ehlere €lueremethame formally deleted - see
following directive
59. a ehlered4flueremethafe formally deleted - see
following directive
51. chlorodibromomethane
52. *hexachlorobutadiene
53. *hexachlorocyclopentadiene
54. *isophorone
55. *naphthalene
56. *nitrobenzene
*Nitrophenols (including 2,4- dinitrophenol and
dinitrocresol)
57. 2- nitrophenol
58. 4- nitrophenol
59. *2,4- dinitrophenol
60. 4,6- dinitro -o- cresol
*Nitrosamines
. 61. N-nitrosodimethylamine
62. N- nitrosodiphenylamine
63. N- nitrosodi -n- propylamine
64. *pentachlorophenol
65. *phenol
*Phthalate esters
66. bis(2- ethylhexyl) phthalate
67. butyl benzyl phthalate
68. di -n -butyl phthalate
69. di -n -octyl phthalate
70. diethyl phthalate
72. dimethyl phthalate
*Polynuclear aromatic hydracarbons
72. benzo(a)anthracene (1,2- benzanthracene)
• 73. benzo (a) pyrene (3,4- benzopyrene)
74. 3,4- benzofluoranthene
75. benzo(k)fluoranthane (11,12- benzofluoranthene)
76. chrysene
F -25
a -iv
77. acenaphthylene
78. anthracene
79. benzo(ghi)perylene (1,12 - benzoperylene)
. 80. fluorene
81. phanathrene
82. dibenzo (a,h)anthracene (1,2,5,6 - dibenzanthracene)
83. indeno (1,2,3 - cd)pyrene (2,3- o- phenylenepyrene)
84. pyrene
85. *tetrachlorethylene
86. *toluene
87. *trichlaroethylene
88. *vinyl chloride (chloroethylene)
Pesticides and Metabolites
89. *aldrin
90. *dieldrin
91. *chlordane (technical mixture & metabolites)
*DDT and metabolites
• 92. 4,4' -DDT
93. 4,4' -DDE (p,p' -DDX)
94. 4,4' -DDD (p,p' -TDE)
*endosulfan and metabolites
95. a- endosulfan -Alpha
96. b- endosulfan -Beta
97. endosulfan sulfate
*endrin and metabolites
98. endrin
99. endrin aldehyde
*heptachlor and metabolites
100. heptachlor
101. heptachlor epoxide
*hexachlorocyclohexane (all isomers)
• 102. a -BHC -Alpha
103. b- BHC -Beta
104. r -BHC (lindane) -Lama
105. g- BHC -Delta
F -26
a -v
*polychlorinated biphenyls (PCB's)
106. PCB -1242 (Arochlor 1242)
107. PCB -1254 (Arochlor 1254)
108. PCB -1221 (Arochlor 1221)
109. PBC -1232 (Arochlor 1232)
110. PCB -1248 (Arochlor 1248)
111. PCB -1260 (Arochlor 1260)
112. PCB -1016 (Arochlor 1016)
113. *Toxaphene
114. *Antimony (Total)
115. *Arsenic (Total)
116. *Asbestos (Fibrous)
117. *Beryllium (Total)
118. *Cadmium (Total)
119. *Chromium (Total)
120. *Copper (Total)
121. *Cyanide (Total)
122. *Lead (Total)
123. *Mercury (Total)
124. *Nickel (Total)
125. *Selenium (Total)
126. *Silver (Total)
127. *Thallium (Total)
128. *Zinc (Total)
129. * *2,3,7,8 - tetrachlorodibenzo -p- dioxin (TCDD)
* Specific compounds and chemical classes as listed in the
consent decree.
** This compound was specifically listed in the consent
• decree. Because of the extreme toxicity (TCDD).
APPENDIX "B"
NATIONAL CATEGORICAL PRETREATMENT STANDARDS
The following national categorical pretreatment standards have
been issued by the Environmental Protection Agency. Additions to
the appendix will be made from time to time as further categorical
pretreatment standards are finalized.
1. ELECTROPLATING PRETREATMENT STANDARDS
The categorical pretreatment standards for seven subcategor-
ies of the electroplating industry have been promulgated.
These standards are listed in 40 CFR Part 413 published in
the Federal Register on January 28, 1981.
2. TIMBER PRODUCTS PROCESSING (WOOD PRESERVING PLANT)
PRETREATMENT STANDARDS
The categorical pretreatment standards for three subcategor-
ies of the timber products processing industry (wood pre-
serving plants) have been promulgated. These standards are
listed in 40 CFR Part 429 published in the Federal Register
on January 26, 1981.
3. IRON AND STEEL MANUFACTURING PRETREATMENT STANDARDS
The categorical pretreatment standards for twelve subcategor-
ies of the Ion and Steel Manufacturing Industry have been
promulgated. These standards are listed in 40 CFR Part 420
published in the Federal Register on May 27, 1982.
4. INORGANIC CHEMICAL MANUFACTURING PRETREATMENT STANDARDS
The categorical pretreatment standards for twenty -four (24)
subcategories of the Inorganic Chemicals Manufacturing
Industry have been promulgated. These standards are listed
in 40 CFR Part 415 published in the Federal Register on June
29, 1982.
5. TEXTILE MILL PRETREATMENT STANDARDS
The categorical pretreatment standards for nine (9) subcate-
gories of the Textile Mill Industry have been promulgated.
These standards are listed in 40 CFR Part 410 published in
the Federal Register on September 2, 1982.
6. PETROLEUM REFINING PRETREATMENT STANDARDS
The categorical pretreatment standards for five (5) subcate-
gories of the Petroleum Refuning Industry have been promul-
gated. These standards are listed in 40 CFR 419 published
in the Federal Register on October 18, 1982.
7. PULP, PAPER, AND PAPERBOARD AND THE BUILDERS' PAPER AND
BOARD MILLS PRETREATMENT STANDARDS
The categorical pretreatment standards for twenty -five (25)
subcategories of the Pulp, Paper, and Paperboard and the
Builders' Paper and Board Mills Industry have been promul-
gated. These standards are listed in 40 CFR Parts 430 and
431 published in the Federal Register on November 18, 1982.
8. LEATHER TANNING AND FINISHING INDUSTRY PRETREATMENT
STANDARDS
The categorical pretreatment standards for nine (9) subcate-
gories of the Leather Tanning & Finishing Industry have been
promulgated. These standards are listed in 40 CFR Part 425
published in the Federal Register on November 23, 1982.
9. STEAM ELECTRIC POWER PLANT PRETREATMENT STANDARDS
The categorical pretreatment standards for the Steam Electric
Power Plant Industry have been promulgated. These standards
are listed in 40 CFR Parts 125 and 423 published in the
Federal Register on November 19, 1982.
10. PORCELAIN ENAMELING INDUSTRY PRETREATMENT STANDARDS
The categorical pretreatment standards for four (4) subcate-
gories of the Porcelain Enameling Industry have been promul-
gated. These standards are listed in 40 CFR Part 466 pub-
lished in the Federal Register on November 24, 1982.
11. COIL COATING INDUSTRY PRETREATMENT STANDARDS
The categorical pretreatment standards for three (3) sub-
categories of the Coil Coating Industry have been promul-
gated. These standards are listed in 40 CFR Part 465
published in the Federal Register on December 1, 1982.
•