As previously reported in Oregon Coastwatch, in October 1997, Oregon Shores Conservation Coalition filed a civil complaint under the federal Clean Water Act against the City of Florence for polluting the Siuslaw River and its estuary from its sewage treatment plant. The city has violated federal and state laws over 175 times since 1994, including discharges of raw and inadequately treated sewage because its sewage treatment plant no longer can handle the volume of sewage from the unchecked growth of the area.

OSCC and the city engaged in repeated settlement discussions, but have been unable to date to resolve this dispute. Hence, OSCC moved for summary judgment concerning the city's liability for various violations of the Clean Water Act and for an order permanently enjoining the city from connecting additional users to its sewage treatment system until the city's currently planned upgrade is completed and fully functioning. The city also moved for summary judgment, arguing that there is no evidence that any OSCC member has been adversely affected by its violations of the act.

In United States District Court on September 14, 1998, Federal Magistrate Thomas Coffin heard oral arguments on the parties' motions for summary judgment. First, the city argued for summary judgment on the basis that OSCC lacked standing to bring this action. Despite the sworn affidavits of OSCC members Jane Beckwith, Bonnie Henderson, Terry Luther, and Bayard McConnaughey, all of which alleged either diminished recreational experience due to the pollution in the Siuslaw River, concerns over economic impacts on the tourist industry, physical illness after surfing in polluted water, or concern over the impact that raw or improperly treated sewage can have on aquatic ecosystems, the city argued that neither OSCC nor any of its members had been adversely affected by release of raw or partially treated sewage into the Siuslaw River. The court did not grant the city's motion. The
court then moved to the issue of liability. The city did not challenge plaintiff's motion for summary judgment concerning defendant's liability for violations of the Clean Water Act, and the court turned to the OSCC's motion for a permanent injunction imposing a moratorium on the connection of new users to the city's sewage treatment system. Magistrate Coffin desired further evidence on the issue of equitable relief (whether to grant the permanent injunction imposing a moratorium). OSCC's attorneys, Charlie Tebbutt of Western Environmental Law Center and Doug Quirk, argued that the city had allowed 139 new hook-ups in the eleven months since this action began and was not operating in a responsible manner with regard to its present capacity to treat sewage. OSCC impressed upon the court the need for swift resolution of the matter in order to prevent further environmental degradation and human health risks associated with anticipated future violations. While the city suggested a February 1999 hearing, the court granted OSCC's request for something more immediate and set a hearing on the issue of remedy for October 14, 1998 at 9:30 AM at the Federal Courthouse in Eugene.

The court will hear further evidence from the parties on standing, and then will hear evidence on what is the appropriate and equitable remedy for the city's admitted liability. The court asked the parties to be prepared to present evidence regarding the nature and cause of the violations, the prospect of future violations, economic concerns, the city's efforts at correcting the problem at the October hearing. Finally, the court admonished the city to conduct its business in a responsible manner in light of the pending hearing on injunctive relief.

Anyone interested in making a special contribution to OSCC to help pursue this action may do so by sending a contribution, designated "OSCC Florence clean water suit" and sending it to OSCC, 1110 SE 16th #2, Portland, OR 97214.