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Finding: The proposed changes to the Enforcement Response Guide <br /> include a new flow-based multiplier for administrative penalties for violations of the <br /> pretreatment program regulations or industrial discharge permit requirements. This <br /> is in addition to the existing pollutant concentration-based multiplier that is included <br /> in the existing Enforcement Response Guide. In general, it is the combination of <br /> discharge pollutant concentration and flow that results in an impact to the <br /> wastewater system. While large producers of wastewater may not in every case <br /> present the greatest risk to the system, the volume of wastewater is clearly a <br /> significant factor which contributes to the potential risk. Note that there is no penalty <br /> for discharging large volumes of wastewater - a flow-based penalty will only be <br /> assessed if a pollutant limitation in a permit is exceeded, or other permit <br /> requirements are not adhered to. <br /> The existing City of Eugene Enforcement Response Guide does not contain <br /> a means for assessing an industry's ability to pay a penalty for violating the <br /> industrial pretreatment program regulations. The purpose of the Enforcement <br /> Response Guide is to provide to City staff clear direction on the assessment of <br /> penalties for pretreatment program violations. Penalty guidelines based on <br /> economic factors, such as an industry's ability to pay, or the economic benefit <br /> gained by the industry through the non-compliance, have been developed by some <br /> agencies, but these guidelines are very complex, and are not considered suitable <br /> for this Enforcement Response Guide. The proposed changes do contain, in the <br /> City's view, a means to base the penalty for a violation on the risk the violation <br /> creates for the wastewater system as discussed above -the concentration and the <br /> volume of a discharge. <br /> Comment 2: It seems a different formula for determining penalties should <br /> be developed. The penalties should be based on a company's ability to correct a <br /> problem and the risk the discharge creates for the City. The treatment of industrial <br /> wastewater is a two step process; the first step is at the industry and the second <br /> step is at the City of Eugene treatment facility. The enforcement plan should be <br /> changed to better reflect this relationship with industry. <br /> Finding: As discussed above, the proposed Enforcement Response Guide <br /> includes factors for both the concentration and flow of a violating discharge in the <br /> calculation of a penalty. These factors are directly related to the potential risk the <br /> violation poses for the wastewater treatment system. Inclusion of a factor for a <br /> company's ability to correct a problem is beyond the scope of this Enforcement <br /> Response Guide. <br /> The two-step nature of the treatment of industrial wastewater is <br /> acknowledged and understood throughout the industrial pretreatment program. <br /> Discharge limitations and other requirements for industries are calculated based on <br /> the additional treatment provided at the regional wastewater treatment facility. r <br /> Without the additional treatment provided at the regional wastewater treatment - <br /> <br /> Administrative Order - 2 10/22/97 <br /> <br />