Acuity Specialty Products Group Inc.

CLEAN WATER ACT5. The Federal Water Pollution Control Act, 33 U.S.C. § 1251, et seq.,referred to as the Clean Water Act ("CW A"), was enacted by Congress to restore andmaintain the chemical, physical and biological integrity of the Nation's waters; toprevent, reduce and eliminate water pollution; and to conserve, protect and ensure thepropagation of fish and aquatic life and wildlife in the United States.6. The CW A prohibits, inter alia, the discharge of pollutants into the watersof the United States from any point source without a permit issued under the NationalPollutant Discharge Elimination System ("NPDES"). 33 U.S.C. §§ 131 1(a), 1342.7. The CW A also regulates the discharge of pollutants into sewagetreatment plants operated by municipal governments, known as publicly ownedtreatment works ("POTWs"), which discharge into waters of the United States.8. Under the NPDES program, some POTWs are required to establishpretreatment programs setting out requirements that must be met by industrial usersdischarging pollutants into the POTWs. 33 U.S.C. § 1342(b)(8); 40 C.F.R. § 40 3.8.9. A pretreatment requirement imposed on an industrial user includes anysubstantive or procedural requirement, other than a national pretreatment standard,which relates to discharges from an industrial user to a POTW.33 U.S.C.§ 1342(b)(8); 40 C.F.R. § 403.3.3