What is the ERP?
The ERP is a federal and state-required plan detailing how Environmental Services will investigate, respond, and enforce requirements regulated under the City's Approved Industrial Pretreatment Program, 40 CFR part 403. Authority to enforce these standards and requirements is stated in Section 17.34.110 of the City Code.
The objectives of the program are to ensure pollutants do not:
- Interfere with the Columbia Boulevard Wastewater Treatment Plant
- Pass through to the Columbia River
- Impact biosolids reuse
- Threaten public health and worker safety
- Violate local and federal pollutant limits
Why is the ERP Changing?
Environmental Services' Pretreatment Program has changed significantly since the former ERP was approved by the Oregon Department of Environmental Quality in 2012. The revised ERP reflects these changes to the program, such as expanding the requirement for industries with variable pH discharges to implement continuous monitoring.
What are the Major Changes to the ERP?
Industrial Users (IU) will see a change in how Environmental Services enforces permit violations. Permit violations that were once a certain violation class may now be assigned to another violation class. For example, a violation that resulted in a "Warning" may now be a "Class III" violation or vice versa. Specific violation changes are outlined in the following sections.
The dollar amounts associated with each violation class base penalty will not change.
Changes for Industries With Continuous pH Monitoring
Low pH Range Violations (pH <5.0)
| Violation Class (Base Penalty) | Former ERP | Revised ERP |
|---|---|---|
| Warning (None) | 5 mins. or less | 30 mins or less |
| Class III ($200) | Greater than 5 and no greater than 30 mins. | Greater than 30 and no greater than 45 mins. |
| Class II ($400) | Greater than 30 and no greater than 60 mins. | Greater than 45 and no greater than 60 mins. |
| Class I ($800) | Greater than 60 mins. | Greater than 60 mins |
High pH Range Violations (pH >11.5)
| Violation Class (Base Penalty) | Former ERP | Revised ERP |
|---|---|---|
| Warning (None) | Greater than 5 and no greater than 15 mins. | None |
| Class III ($200) | Greater than 15 and no greater than 30 mins. | None |
| Class II ($400) | Greater than 30 and no greater than 60 mins. | None |
| Class I ($800) | Greater than 60 mins. | Greater than 60 mins. in a calendar day or greater than 7 hrs. 26 mins. in a calendar month |
Changes for Reporting Violations
Recurring Late Reporting in a Calendar Year
| Former ERP | Revised ERP |
|---|---|
For escalating enforcement on late reports, the type of report is factored into the escalation schedule. Example: | The type of late reporting will no longer be used for determining escalation of enforcement. In the example, the late SMR would still be issued a warning, but the late ASCP would be a second late report and escalate to a Class III penalty. |
What Qualifies as a Late Report
| Former ERP | Revised ERP |
|---|---|
If a report is submitted on time but has an error (inaccurate or incomplete), it's considered late. Example: | A late report is a report submitted after the due date. An inaccurate/incomplete report is a different type of reporting violation.* It would receive a warning for the first inaccurate/incomplete report of the year. Example: |
Reports More than 30 Days Late
(Changes do not affect industries with CIU or SIU permits)
| Former ERP | Revised ERP |
|---|---|
If any report is received after 30 days from its due date, even if it was the first late report, it is escalated to a Class I penalty and published as significant non-compliance (SNC). SNC publication for reports more than 30 days is only applicable to Categorical Industrial User (CIU) and Significant Industrial User (SIU) permits. | Late reports from industries and businesses that are not CIU or SIU will not automatically escalate to a Class I penalty nor be published as SNC.* |
Failure to Sample
(For an IU that did not provide a required pollutant sample result as required of their permit)
| Former ERP | Revised ERP |
|---|---|
The first failure to sample is a warning notice and escalates for any subsequent failures to sample. | The first failure to sample is a Class III penalty and escalates for any subsequent failures to sample. |
Changes for Industries with CIU Permits
CIU permits have two types of pollutant limits, daily maximum limits and monthly average limits. A few older industries may have a third type of limit called the 4-day average limit. There are no changes to how violation classes are determined for daily maximum limits.
CIUs with monthly average limits or 4-day average limits will see a major change. The former ERP assigned a warning notice for limit violations and did not escalate for monthly average violations or 4-day average limits. The revised ERP treats monthly average limit violations the same as daily limit violations (using the table below) and has escalating enforcement to encourage compliance.
Monthly Average Limit Violations
| Pollutant Limit Degree of Exceedance | Violation Class (Base Penalty) |
|---|---|
| No greater than 1.2x over the limit | Class III ($200) |
| Greater than 1.2x and no greater than 2.0x the limit | Class II ($400) |
| Greater than 2.0x the limit | Class I ($800) |
Review the ERP
For more details and information, please review the ERP.