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MEMORANDUM OFFICE OF CITY ATTORNEY <br /> <br />DATE: May 27, 2004 : <br />TO: Interested Persons <br /> <br /> FROM: Dave Jewett <br /> Attomey for MWMC <br /> <br /> Meg Kieran <br /> Attorney for City of.Springfield <br /> <br /> Jerome Lidz <br /> Attorney for City of Eugene <br /> <br /> SUBJECT: MWMC Processes <br /> <br />The Home Builders Association's (HBA) complaint about the processes employed by MWMC to <br />seek elected officials' approval for needed improvements to the regional sewerage facilities <br />arises out of flawed assumptions about the statutory framework for government actions <br />regarding the provision of public facilities for wastewater conveyance and treatment and their <br />funding with System Development Charges. <br /> <br /> Back,qround: <br /> <br /> MWMC was formed by a 1977 IGA between Eugene, Springfield and Lane County to construct, <br />~ operate, maintain and update regional sewerage facilities (Regional Facilities). MWMC is <br /> governed by seven commissioners appointed by the Governing Bodies, three of whom are <br /> elected officials of the Governing Bodies. <br /> <br /> MWMC constructed the Regional Facilities with about $115,000,000 in federal grants and local <br /> matching funds based on a facilities plan that was developed by MWMC's consultant, CH2M Hill, <br /> in 1979 (208 Plan).. Pursuant to state and federal rules, the 208 Plan planned the Regional <br /> Facilities to have a design life of 20 years. The Regional Facilities opened in 1984. Since then, <br /> the community has invested several million dollars more in preserving and upgrading the <br /> Regional Facilities. <br /> <br /> While MWMC operates the Regional Facilities pursuant to a NPDES Permit issued by DEQ <br /> (Permit), the Permit implements federal and state discharge requirements to protect the water <br /> quality of the Willamette River. For several years it has been clear that, without significant <br /> improvements, the Regional Facilities will soon be incapable of accommodating pcojected metro <br /> area growth while meeting the discharge requirements of the Permit. The driving factors include <br /> the need to manage peak flows to the Water Pollution Control Facility, to properly dispose of <br /> residuals and to meet new Permit requirements governing the temperature and ammonia levels <br /> of discharges to the Willamette River. <br /> <br /> (doc.84616) ATTACHMENT <br /> 3-1 <br /> <br /> <br />