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to utilize staff and equipment to contain, clean-up, and/or mitigate any water quality <br />impacts of a violation the EC and this rule provide for the recovery of incurred costs <br />through the nuisance abatement process. <br />Comment 5: Implementation of the rule and the penalty matrix appears complex, <br />confusing, and subject to arbitrary decisions. <br />Findin~:Due to the transient and variable nature of stormwater discharges, many <br />factors and conditions must be weighed to determine the preventative measures, <br />containment actions, and post discharge mitigation efforts taken by a party responsible for <br />an illegal stormwater discharge. The penalty matrix is specifically designed to take the <br />variety of conditions and factors into account in order to minimize discretionary or <br />arbitrary decisions by enforcement staff. Terms such as "illegal/improper" ,and <br />"significant" are specifically defined to reduce arbitrary interpretations. An appeal <br />process is provided that allows for impartial assessment of decisions and determinations <br />rendered by the City. The City has also developed a strong educational component that <br />includes responding to requests for technical. assistance related to stormwater discharges <br />as well as site visits to provide the property or business owner with additional information <br />and alternatives. The primary focus of the stormwater program's enforcement efforts is <br />the achievement of voluntary compliance with the EC and this rule. When educational and <br />technical assistance efforts fail to achieve this voluntary compliance, this rule provides the <br />necessary enforcement tool. <br />comment 6: Issues of inadequate notice were raised. <br />in in :The notification process utilized by the City met EC requirements. <br />Notice of Intended Rulemaking was published in the Register Guard for five consecutive <br />days beginning May 12, 1996, followed by a 15-day comment period. In addition to the <br />required notice, a letter was sent to current NPDES permit holders.. .Although the <br />information number listed in the cover letter contained a wrong prefix, a general telephone <br />number listed on the letterhead was correct and afforded recipients an alternative contact <br />for more information. <br />Based upon the above findings, which are hereby adopted, and pursuant to the authority <br />of Section 2.019 and Chapter 6 of the Eugene Code, 1971, I do not intend to effect any changes <br />to .the proposed rule, and hereby adopt the following Stormwater System Administrative Rule: <br />Stormwater System Administrative Rule - 3 <br />