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EXHIBIT <br /> 4-1 <br /> <br /> MEMORANDUM OFFICE OF CITY ATTORNEY <br /> I <br /> <br />DATE: May 27, 2004 <br />TO: Interested Persons' <br /> <br />FROM: Dave Jewett <br /> Attorney for MWMC <br /> <br /> Meg Kieran <br /> A.ttomey 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) (~omplaint about the processes employed by'MWMC to <br />seek elected officials' approval for needed improvements to the regional sewerage facilities <br />adses 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 />.BackRround: <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 projected 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) 6-14 <br /> <br /> <br />