New Search
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 />Administrative Order - 4 ~oi22i97 <br />