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~~ <br />ADMINISTRATIVE ORDER NO. 58-97-19-F <br />of the City Manager <br />AMENDING APPENDIX A OF INDUSTRIAL <br />PRETREATMENT PROGRAM ADMINISTRATIVE RULE R-6.463 <br />ADOPTED BY-ADMINISTRATIVE ORDER NO. 58-93-17. <br />The City Manager of the City of Eugene finds that: <br />A. Sections 2.019 and 6.463 (subsequently amended and renumbered 6.581) <br />of the Eugene Code, 1971, authorize the City Manager to adopt rules implementing <br />provisions of the Eugene Code, 1971, including the City's Industrial Pretreatment Program <br />provisions. , <br />B. In accordance with the procedures set forth therein, on August 26, 1997 <br />issued Administrative Order No. 58-97-19 proposing the amendment of Appendix A of the <br />current Industrial Pretreatment Program Administrative Rule R-6.463 adopted by <br />"#Administrative Order No. 58-93-17 on July 30, 1993 in order to increase the penalties for <br />some violations, adjust other penalties based on experience with the enforcement program, <br />add a new provision for Pollution Management Practices, and reformat the Enforcement <br />Response Guide for readability purposes, as set forth in Appendix A attached to the Notice <br />of Intended Rulemaking. <br />C. Appendix A consists of the Industrial Pretreatment Program Enforcement <br />Response Guide authorized to be established by the City Manager under Sections <br />2.018(5) and 6.501 to 6.596 of the Eugene Code, 1971. <br />D. Notice thereof was provided to current permittees, any persons who had <br />requested notice, published in the Register Guard, a newspaper of general circulation <br />within the City for at least five days, to-wit, on September 4, 5, 6, 7, 8, 1997, and made <br />available for review by interested persons at the office of the City Manager, City Hall, 777 <br />Pearl Street, Eugene, Oregon 97401 during normal business hours (9:00 a.m. to 5:00 p.m., <br />Monday through Friday, exclusive of holidays). The notice provided that interested <br />persons could submit written comments thereon for a period of 15 days from the first date <br />of publication. <br />E. Written comments were received from HMT Technology Corporation, and <br />Best Pots, Inc., to which I made the following findings: <br />Comment 1: Concern was expressed about the City of Eugene only using <br />flow as an indicator of an industry's ability to absorb penalty cost. Industries that <br />produce large volumes of wastewater mayor may not have large profit margins and <br />the severity of the penalties may result in business failure. It does not necessarily <br />follow that large producers of wastewater present the greatest risk to the City <br />treatment system. - <br />Administrative Order - 1 ~oi22is~ <br />