Environmental Quality Commission v. City of Coos Bay

The City of Coos Bay (City) seeks review of an order of the Environmental Quality Commission (EQC) that, among other things, imposed civil penalties for discharging sewage sludge without a permit in violation of ORS 468B.050(l)(a). The City argues that the EQC erred in imposing those penalties. We agree and reverse that portion of the order.

The relevant facts are undisputed. The City operates a sewage disposal system, part of which includes a treatment plant, which partially treats sewage and then pumps it through a pressure pipeline to a sludge lagoon for further treatment. The City has been…