MELLES GRIOT, INC. OPERATES A FACILITY IN CARLSBAD THAT MANUFACTURES HELIUM NEON LASERS FOR USE IN APPLICATIONS SUCH AS SCANNING DEVICES AT GROCERY STORES. GLASS TUBES USED IN MAKING THE LASERS HAVE ELECTRICAL CONTACTS WHICH ARE MADE FROM METALS SUCH AS NICKEL, IRON/COBALT, COPPER, ALUMINUM. AN ACID MIXTURE IS USED TO CHEMICALLY ETCH THE METAL ENDS. CHEMICAL ETCHING IS A PROCESS SUBJECT TO FEDERAL CATEGORICAL PRETREATMENT STANDARDS FOR METAL FINISHERS. MELLES GRIOT DISCHARGES INDUSTRIAL PROCESS WASTEWATER FROM ITS FACILITY TO THE ENCINA WATER POLLUTION CONTROL FACILITY. MELLES GRIOT BEGAN OPERATION IN 1987. SINCE FEBRUARY 15, 1986, NEW METAL FINISHERS THAT DISCHARGE TO SEWAGE TREATMENT PLANTS HAVE BEEN REQUIRED TO COMPLY WITH PRETREATMENT STANDARDS AT 40 C.F.R 433 GOVERNING THE CHARACTER OF THEIR INDUSTRIAL WASTEWATER. MELLES GRIOT HAS VIOLATED LIMITS GOVERNING ITS WASTEWATER QUALITY RESULTING IN AT LEAST 674 DAYS OF VIOLATION. THESE REQUIREMENTS ARE SET OUT AT 40 C.F.R. 433.17. MELLES GRIOT ACHIEVED COMPLIANCE AT THE FACILITY SINCE FEBRUARY 1995 AFTER THE INSTALLATION OF A CHEMICAL PRECIPITATION AND SETTLING UNIT. BEFORE INSTALLATION OF TREATMENT MELLES GRIOT DID NOT DEMONSTRATE AN ABILITY TO CONSISTENTLY MEET ALL OF ITS STANDARDS. REGION 9 IS SEEKING A CONSENT DECREE THAT WILL ASSESS PENALTIES FOR MELLES GRIOT'S PAST VIOLATIONS. NO IN