40 C.F.R. § 433.15

Pretreatment standards for existing sources (PSES)

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(a) Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart that introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources (PSES):

PSES for All Plants Except Job Shops and Independent Printed Circuit Board Manufacturers
Pollutant or pollutant property	Maximum for any 1 day	Monthly average shall not exceed
	Milligrams per liter (mg/l)
Cadmium (T)	0.69	0.26
Chromium (T)	2.77	1.71
Copper (T)	3.38	2.07
Lead (T)	0.69	0.43
Nickel (T)	3.98	2.38
Silver (T)	0.43	0.24
Zinc (T)	2.61	1.48
Cyanide (T)	1.20	0.65
TTO	2.13

(b) Alternatively, for industrial facilities with cyanide treatment, upon agreement between a source subject to those limits and the pollution control authority. The following amenable cyanide limit may apply in place of the total cyanide limit specified in paragraph (a) of this section:

Pollutant or pollutant property	Maximum for any 1 day	Monthly average shall not exceed
	Milligrams per liter (mg/l)
Cyanide (A)	0.86	0.32

(c) No user introducing wastewater pollutants into a publicly owned treatment works under the provisions of this subpart shall augment the use of process wastewater as a partial or total substitute for adequate treatment to achieve compliance with this standard.

(d) An existing source submitting a certification in lieu of monitoring pursuant to § 433.12 (a) and (b) of this regulation must implement the toxic organic management plan approved by the control authority.

(e) An existing source subject to this subpart shall comply with a daily maximum pretreatment standard for TTO of 4.57 mg/l.

(f) Compliance with the provisions of paragraph (c), (d), and (e) of this section shall be achieved as soon as possible, but not later than June 30, 1984, however metal finishing facilities which are also covered by part 420 (iron and steel) need not comply before July 10, 1985. Compliance with the provisions of paragraphs (a) and (b) of this section shall be achieved as soon as possible, but not later than February 15, 1986.

[48 FR 32485, July 15, 1983, as amended at 48 FR 41410, Sept. 15, 1983; 48 FR 43682, Sept. 26, 1983]

Notes of Decisions

Cited in 4 cases, 1990–1996 · leading case: United States v. Sheyenne Tooling & Mfg. Co., 952 F. Supp. 1420 (D.N.D. 1996).

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United States v. Sheyenne Tooling & Mfg. Co., 952 F. Supp. 1420 (D.N.D. 1996). · cites it 2× “403, and a *1422 failure to sample and analyze its regulated waste water prior to discharge into a publicly owned treatment works (POTW) as required by 40 C.F.R. §§ 433.15 and 403.12. The United States acknowledges that the maximum penalty of approximately $108 million which it…”

Int'l Union, United Auto., Aerospace & Agric. Implement Workers of Am. v. Amerace Corp., 740 F. Supp. 1072 (D.N.J. 1990). “Under 40 C.F.R. § 433.15 , the Administrator has promulgated categorical pretreatment standards for metal finishers such as Harvard.”

South Holland Metal Finishing Co. v. Carol Browner, Adm'r, United States Env't Prot. Agency, 97 F.3d 932 (7th Cir. 1996). “17 (pretreatment standards for new sources) with 40 C.F.R § 433.15 (pretreatment standards for existing sources).”

United States v. Sheyenne Tooling & Mfg. Co., 952 F. Supp. 1414 (D.N.D. 1996). “Defendant Sheyenne alleges however, that it is exempt from the regulations because it is a “job shop” as defined by 40 C.”

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