Water Bureau director David Shaff can breathe a sigh of relief: City council voted this afternoon to approve a plan that might just keep him out of jail.
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SHAFF: Pleading mercy with city council...

This story first heated up back in February, when City Commissioner Randy Leonard, who controls the water bureau, was attacked by some of Portland's open reservoir activists [you should click on the link just to see the illustration of Leonard in a water fight—but also, if you're interested in more background and context on this post].

Leonard, like the open reservoir activists, agrees that the city's water supply is amongst the cleanest in the nation. Unfortunately, new federal rules by the Environmental Protection Agency say Portland has to come up with a plan to cover its reservoirs, filter and treat all its water by April 1, or face hefty fines, and potentially, jail time for its water bureau director.

"I don't want to go to jail," Shaff told the Mercury, bluntly, before the hearing. So this afternoon, council unanimously approved a three-point plan proposed by Shaff: Firstly, the city will attempt to pursue a "variance" with the EPA, which would hopefully mean that if the city could prove that Portland's water source, the infamous Bull Run, is pure enough, then it would be able to bypass the new rules for covering, filtering and treating its water. Secondly, the city plans to pursue an exemption from the EPA rules by lobbying President Obama and congress for an exemption for Portland. Lastly, the city needs to plan to comply with the EPA's rules, which means planning to build $800million of changes into the water system, including covering the city's reservoirs, and building a new filtration plant. The cost of so-doing would be covered by a likely 18% increase in water rates across the board.

More on this issue after the jump, although I should warn you:

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Aside from the cost issue, Portland's open reservoir activists are thrilled with the first two "Portland's special" parts of the plan, but don't want Portland to start planning to comply with the rules. Because that would mean, you know, closing the reservoirs. And throwing chemicals into the water, they say...

"An $800 million dollar treatment plant will take some of the world’s purest water from Bull Run, and lace it with chemicals," said Stephanie Steward, chair of the Mount Tabor land use board, at this afternoon's hearing.

"We have a system now that with proper maintenance will serve us nobly," said filmmaker Brad Yazzolino. "We should probably say proudly that yes, we drink the rain, and it works fine for us."

One activist today even suggested that Portland should deliberately refuse to comply with the EPA's rules in an act of civil disobedience. "The fines aren't that large," she said—only $68million a year, compared to the cost of making all the controversial changes.

Council members all said that while they don't think Portland should have to comply with the rules, they took an oath of office to obey the law when they were sworn in. "We don't get to make the decision to disregard the law," said Commissioner Nick Fish. "This is a classic caught between a rock and a hard place situation."

Fish even told Shaff that he thought "some jail time might do [him] good," but voted for the plan on the condition that council will be able to weigh in in future on the details of the filtration systems, reservoir covering, and so on. Commissioner Amanda Fritz said she hoped the public would be involved in the decision-making process, too, and said she was disappointed that council hadn't had the opportunity to discuss the plan earlier.

"This is a painful discussion for all of us," said Mayor Sam Adams. "In that it appropriately memorializes the fact that were moving into a new phase on this issue. It may be painful, but it is honest."

Adams said he also thinks that the plan is unnecessary, and that he hopes the EPA exemption can be reached.
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FLOY JONES (center): Outspoken open reservoir activist...

"It was expected, but disconcerting," said open reservoir activist Floy Jones, after the vote. "Because there hasn't been a public process addressing the specifics of the third part of the plan. I think it's been lacking, because the water bureau wants to make all the decisions."

Leonard is likely to blow an internal gasket when he reads that quote, having told council this afternoon that this process has involved the most intensive public involvement of any initiative since he joined council in 2002. Indeed, Leonard appears to be rapidly losing patience with Jones and her fellow open-reservoir activists.

An open house to discuss the exemption process with congressional delegates, along with Leonard, will take place from 10am-noon on Saturday, April 11, at a location to be decided. And because of the potential for fireworks, even though it's on a Saturday morning, we'll be there.