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'. ;, facility, industrial discharge limitations would be significantly lower. <br />Comment 3: Do the increased penalties reflect what programs of other cities <br />and POTWs of similar size and design to Eugene's are doing? <br />Finding: This proposed rule change does not deal with the maximum <br />amount of the administrative penalty that the City of Eugene can assess for a <br />violation of the pretreatment program regulations or permit requirements. The <br />maximum administrative penalty authority for these violations was raised by the City <br />Council in Ordinance No. 20075, approved by the Council in January 1997. This <br />rule change only deals with proposed changes to the City's Enforcement Response <br />Guide, which outlines how the penalties are assessed. <br />The maximum administrative penalty amounts at other wastewater treatment <br />agencies in Oregon vary. The $25,000 maximum penalty in Eugene is not unique; <br />the Unified Sewerage Agency in Washington County, which has wastewater <br />treatment facilities of similar size to the Eugene/Springfield regional treatment <br />facility, also has a $25,000 maximum penalty. <br />Comment 4: Has the City of Springfield, which shares the regional. POTW <br />with Eugene, also incorporated increased penalty amounts such as these? <br />Finding: No, the City of Springfield has not implemented higher penalties. <br />Springfield's City Charter does not permit the City to assess any penalties higher <br />than $500 per day. Springfield is in the process of taking steps to refer a charter <br />amendment to the voters to raise the penalty authority. <br />Comment 5: Has the 100,000 gallons per day qualifier been based on <br />projected impact to the POTW or was this an arbitrary selection to impact specific <br />industries? This qualifier appears to only effect one industry. <br />Finding: The penalty multiplier for high-flow industries begins at a flow of <br />100,000 gallons per day. This flow value was chosen as a reasonable cut-off point <br />between the high-flow industries and others. At present there are four industrial <br />users in Eugene with daily average flows over 100,000 gallons per day, with another <br />expected to begin discharging before the end of this year. The 100,000 gallons per <br />day value was not selected to impact any one specific industry. <br />Comment 6: Is it not possible to assess penalties based on something other <br />than flow? Have industries paid incurred flow based costs when System <br />Development Charges are assessed? <br />Finding: The industrial Pretreatment Program regulates industrial <br />dischargers to the wastewater collection system to protect the regional wastewater <br />treatment plant biological processes, to protect water quality in the Willamette River, <br />Administrative Order - 3 ~o~22is~ <br />