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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 />m s 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. <br />Without the additional treatment provided at the regional-wastewater treatment - <br />Administrative Order - 2 ~oi2tis~ <br />