Pub. L. 100-4, tit. IV, sec. 402
ADDITIONAL PRETREATMENT OE CONVENTIONAL POLLUTANTS NOT REQUIRED.
SEC. 402. ADDITIONAL PRETREATMENT OE CONVENTIONAL POLLUTANTS NOT REQUIRED. Section 402 is amended by adding at the end thereof the following new subsection: “(m) Additional Pretreatment of Conventional Pollutants Not Required.—To the extent a treatment works (as defined in section 212 of this Act) which is publicly owned is not meeting the requirements of a permit issued under this section for such treatment works as a result of inadequate design or operation of such treatment works, the Administrator, in issuing a permit under this section, shall not require pretreatment by a person introducing conventional pollutants identified pursuant to section 304(a)(4) of this Act into such treatment works other than pretreatment required to assure compliance with pretreatment standards under subsection (b)(8) of this section and section 307(b)(1) of this Act. Nothing in this subsection shall affect the Administrator’s authority under sections 307 and 309 of this Act, affect State and local authority under sections 307(b)(4) and 510 of this Act, relieve such treatment works of its obligations to meet requirements established under this Act, or otherwise preclude such works from pursuing whatever feasible options are available to meet its responsibility to comply with its permit under this section.”.