Filed August 14, 1998: Plaintiff's Memorandum in Support of Motion for Summary
Judgment and Permanent Injunction

"Plaintiff has moved this Court for summary judgment concerning defendant's liability for violations of the Federal Water Pollution Control Act ... Plaintiff has also moved the Court for a permanent injunction imposing a moratorium on the connection of new users to defendant's sewage treatment system, retroactive to June 20, 1997 (the date of plaintiff's notice of citizen suit), until defendant completes its planned upgrade of its sewage treatment plant, and demonstrates that this upgraded treatment plant is fully functioning."

"In light of the fact that defendant has admitted to numerous violations of the Act, and of the fact that defendant has admitted, and Dr. Jack D. Smith has independently determined, that the connection of additional users to defendant's sewage treatment system will likely result in additional permit violations, plaintiff seeks a permanent injunction from the Court imposing a moratorium on the connections of new users to defendant's sewage treatment system ..."

"All told, defendant admits to 184 violations of its NPDES permit requirements. ... Thus, defendant's statutory maximum liability for civil penalties exceeds $30 million."

"Defendant also admitted in the MAO that it 'is experiencing rapid growth, and any additional
connections will increase the hydraulic loading to the WWTF (wastewater treatment facility) and will likely result in additional violations of the Permit limits and water quality standards in the receiving stream.'"

"Dr. Smith also points out that while rainfall has increased in the Florence area in recent years, flows to defendant's sewage treatment plant have increased at a higher rate than rainfall, and the additional increase in flows can be attributed to an increase in the number of users connected to defendant's sewage treatment system."

"Dr. Smith states that the levels of bacterial contamination in defendant's illegal discharges "exceed the State's standard by a large margin and should be a cause for serious public health concern ... pose a threat to fish and other aquatic life, ... pose a threat to the health of humans who consume shellfish harvested from the Siuslaw River estuary in the vicinity of Florence."

Filed August 14, 1998: Declaration of Jack D. Smith, Ph.D. in Support of Plaintiff's Motion
for Summary Judgment and Permanent Injunction

"Bypasses of untreated sewage at the City's treatment plant and/or Ivy Street sewage pump station to the Siuslaw River were reported for 31 days during this 1995-1998 (March 1995 through March 1998) period."

"Entries in the treatment plant operator's log indicate that not all bypasses that occurred have been reported."

"In addition to reported violations of explicity permit effluent limitations, it appears that discharges from the Florence sewage treatment plant violate water quality standards for chlorine toxicity in the Siuslaw River on a virtually continuous basis."

Filed August 14, 1998: Stipulation of Facts (signed by Jeffery J. Matthews, Attorney for City of Florence and Charles M. Tebbutt, Attorney for OSCC)

"The parties hereby stipulate to the facts set out below:

5. ... Overflows and/or bypasses have taken place on or about at least the following dates: March 24, 1998 (225 gallons), March 23, 1998 (1500 gallons), February 21-22, 1998 (1,063,000 gallons), February 20-21, 1998 (434,000 gallons, February 14-15, 1998 (553,000 gallons), February 19, 1997 (amount unknown), February 3, 1997 (36,000 gallons), February 2, 1997 (18,000 gallons) ...(23 other spills listed) ... March 13, -14, 1995 (50,000 gallons), October 27, 1994 (1,000 gallons)."

(Note: Total of 22 separate admissions are contained in this document.)

For a copy of the complete documents, contact Florence City Hall, 997-3436. These
documents are "public records", as all have been filed in U.S. District Court and are
accessible by the general public. Also see: Public Records Access.