Acuity Specialty Products Group Inc.

purchased from other companies to manufacture numerous detergent and cleaning productswhich are used for industrial and domestic purposes. Within the Seaboard Facihty are differentpJants, each of which produces a different type of detergent or cleaning product, includingliquids, aerosols, powders and acids.C. The Federal Water Pollution Control Act, 33 U.S.C. 251, et. .• referred to as theClean Water Act ("CWA") regulates , among other things, the discharge of pollutants into sewagetreatment plants operated by municipal governments, known as pubhcly owned treatment works("POTWs"), which discharge into waters of the United States.D. The CWA prohibits the discharge of pollutants into the waters of the United Statesfrom any point source without a permit issued under the National Pollutant DischargeElimination System ("NPDES").E. Under its NPDES permit, the City of Atlanta must require all industrial users thatdischarge to the relevant POTW to comply with the CW A, the General PretreatmentRegulations, and City of Atlanta's approved Pretreatment Program. The City of Atlanta'sPretreatment Program mcorporates, among other things, a Sewer Use Ordinance, and allows theC1ty of Atlanta to issue Industrial Wastewater Discharge Permits to industrial users.F. On or about March 8, 1994, the City of Atlanta issued ASP's predecessor, ZepManufactunng Inc., Industrial Wastewater Discharge Pennit No. C128 governing the dischargeof treated wastewater from the Seaboard Facility. The permit was re-issued on or about February15, 1999. The pennit allows the Seaboard Facility to discharge industnal wastewater effluent tothe relevant P01W from the Seaboard Facility's Wastewater Treatment Plant located at the-2-