BRIEF SYNOPSIS OF THE CASE EMPIRE PLATING COMPANY IS AN OHIO CORPORATION WHICH OWNS AND OPERATES A LARGE ELECTROPLATING JOB SHOP IN CLEVE- LAND, OHIO. THE PLANT, A NON-INTEGRATED FACILITY, DIS- CHARGES AN ESTIMATED 250,000-300,000 GALLONS PER DAY (GPD) OF WASTEWATER TO A PUBLICLY OWNED TREATMENT WORKS (POTW) OPERATED BY THE NORTHEAST OHIO REGIONAL SEWER DISTRICT (NEORSD). BASELINE MONITORING REPORTS AND OTHER DOCUMENTS PROVIDED BY THE OHIO ENVIRONMENTAL PROTECTION AGENCY (OHIO EPA) INDICATE THAT EMPIRE PLATING COMPANY SUBSTANTIALLY EXCEEDS THE ELECTROPLATING CATEGORICAL PRETREATMENT STAND- ARDS FOR CADMIUM, CYANIDE, ZINC, COPPER, CHROMIUM, AND TOTAL METALS. OHIO EPA IS SUPPORTIVE OF FEDERAL ENFORCEMENT AC- TION AGAINST EMPIRE PLATING COMPANY, BECAUSE, ALTHOUGH OHIO HAS AN APPROVED PRETREATMENT PROGRAM, IT DOES NOT YET HAVE AUTHORITY TO ENFORCE CATEGORICAL PRETREATMENT STANDARDS. THE TOXIC POLLUTANTS DISCHARGED BY EMPIRE PLATING COMPANY COULD POTENTIALLY PASS THROUGH THE NEORSD POTW, OR INTERFERE WITH ITS OPERATIONS OR SLUDGE DISPOSAL ALTERNA- TIVES. ABSENT A FEDERAL ENFORCEMENT ACTION, EMPIRE PLATING COMPANY WILL CONTINUE TO BE OUT-OF-COMPLIANCE WITH THE PRE- TREATMENT STANDARDS, FOR IT IS RELYING UPON A PROPOSED CENTRALIZED WASTEWATER TREATMENT SYSTEM UPON WHICH CONSTRUC- TION HAS NOT EVEN BEGUN. * * 2ND REFERRAL DATED 06/27/88