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to control the level of contaminants in the residual sewage sludge or biosolids <br /> allowing beneficial reuse of this product, and to protect the health and safety of <br /> sewer system workers. In general, an industrial discharge to the system can impact <br /> the system by the concentration of a pollutant, and the volume of the discharge. <br /> The existing Enforcement Response Guide contains a multiplier for the amount the <br /> concentration of a pollutant is in excess of permitted values. The proposed <br /> changes to the Enforcement Response Guide adds the flow component to the <br /> calculation of a penalty. All other things being equal, the higher the flow from an <br /> industrial user, the greater the potential impact of that discharge on the system. <br /> Industrial dischargers pay a Systems Development Charge to compensate <br /> for the industry's use of their portion of the capacity of the regional sewer system. <br /> This payment of an SDC has no relation to any penalty that may be assessed to the <br /> industry for failure to comply with the regulations that govern the discharge. These <br /> regulations protect the wastewater system, while the Systems Development Charge <br /> pays for the use of the system. <br /> Comment 7: The penalty for "Improper sampling or analytical procedures <br /> use, intent" has been raised to $2500. How would intent be defined? <br /> Finding: The Enforcement Response Guide contains different penalties for <br /> the use of improper sampling or analytical procedures, depending on whether the <br /> use of the improper procedures was intended by the industry, or whether the use <br /> of the improper procedures was not intended and was an innocent oversight. The <br /> finding of intent would include evidence that the industrial user was aware that <br /> improper procedures were being used, and made a decision to use the improper <br /> procedures. This evidence might include prior notice from the City. <br /> Comment 8: What is the definition of "sludge contamination"? <br /> Finding: Sludge contamination, as used in the Enforcement Response <br /> Guide, refers to an industry causing the level of a pollutant in the residual sewage <br /> sludge to exceed EPA requirements for beneficial re-use of the sludge through land <br /> application, as listed in 40 CFR Part 503.13, Table 3. <br /> Comment 9: Will a discharger have an opportunity to appeal "sludge <br /> contamination" if analysis shows no statistically significant contamination to sludge <br /> has occurred? <br /> Finding: Industrial Pretreatment Program administrative civil penalties and <br /> enforcement orders can be appealed through the process described in Section <br /> 2.021 of the Eugene Code, 1971. Other decisions or actions can be appealed <br /> according to procedures in Section 6.591 of the Eugene Code, 1971. <br /> Because of the nature of the sludge production and digestion processes, the - <br /> <br /> Administrative Order - 4 10/22/97 <br /> <br />