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09/13/2000 - Packet Intergovernmental Water Board Meeting Servinz Ti ard, Kinz ON, Durham and Unincorporated Area AGENDA Wednesday, September 13, 2000 5:30 p.m. 1. Call to Order Motion to call meeting to order 2. Roll Call and Introductions Staff to take roll call 1. Approval of Minutes—.August 9, 2000 Motion from Board for minute approval 4. Long Term Water Supply Update—Ed Wegner(60 minutes) Update on long term water options );,,Portland Wholesale Contract—Paul Matthews, IUG ➢South Fort/Clackamas Option—Phil Smith, MSA ➢Joint Water Commission—Ed Wegner 5. Informational Items Items will be discussed briefly if time allows—otherwise printed info will be distributed ■ Portland Summer Supply—Copy of Portland Water Bureau employee newsletter which summarizes the pumping of the South Shore Wellfields to supplement the Bull Run system. ■ Clute property—The appeal of the minor land partition was denied by the hearings officer. ■ Water Quality Concern—Email from Portland regarding discolored water. Water from one of the eight wells currently blended with the Bull Run supply showed an elevated level of magnesium. ■ Citizen's interested in Bull Run newsletter—Newsletter does contain some interesting information regarding the City of Portland's ability to meet future needs with current supply ■ Oregon Environmental Council Report—Copy of OEC report"The Tap Gap" ■ Oregonian article 8-9-2000—"Portland plans to tap wells to meet summer water need" 6. Public Comments Call for any comments from public 7. Non Agenda Items Call for any non-agenda items from Board Members. Next meeting date October 11"' 8. Adjournment—Approximate time 7.00 p.m. Motion for adjournment • Light dinner will be served at 5:15 p.m. Executive Session: The Intergovernmental Water Board may go into Executive Session under the provisions of ORS 192.660(1)(d), (e), (9&(h)to discuss labor relations,real property transactions,current and pending litigation issues and to consider records that are exempt by law from public inspection. All discussions within this session are confidential;therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session,but must not disclose any information discussed during this session. Intergovernmental Water Board Meeting Minutes Au ust 9 2000 Members Present; Paul Hunt, Jan Drangsholt, Bill Schederich, Patrick Carroll, and Norm Penner Staff Present., Ed Wegner, Kathy Kaatz, and Mike Miller visitors; Paul Owen, Roel Lundquist and Gretchen Buehner 1. Call to Order The regular meeting of the Intergovernmental Water Board was called to order at 5:30 p.m. 2. Roll Call and Introductions Norman Penner is the new representative for the Tigard Water District. He replaces Gretchen Buehner who will now be the alternate representative. 3. Approval of minutes—July i2, 2000 Commissioner Drangsholt motioned to approve the minutes of the July 12, 2000, meeting and Councilman Paul Hunt seconded that motion. The motion was unanimously voted on for approval. 4. Regional Water Consortium Membership—Ed Wegner Mr. Wegner explained that money has been allotted to continue as a member of the Regional Water Provider's Consortium. They have been members for the last four years. Paul Hunt requested that he bring this matter to the attention of the committee. • The dues to the Consortium for the coming year are $7495.00. Dues have increased slightly. ■ Last year dues were $7,460.00. • The allocation for the Regional Transmission Study was an additional $2,000.00. ■ Also member of the Conservation Coalition, Kim Swan represents us. They provide public service announcements. We have been sending two checks but will now combine the dues and will be sending $14,000.00, which is approximately the same amount that was sent last year. Intergovernmental Water Board 1 August 9,2000 Commissioner Hunt stated that he thought the Consortium was merely a mouthpiece for Portland Water Bureau. He does not have favorable comments about them. Mayor Drake is a strong supporter of the Consortium and has also pushed for the Joint Water Commission. Commissioner Hunt stated he thought it would be best to stick with them despite his personal feelings. Commissioner Drangsholt asked about the advantages of membership. Mr. Wegner responded with the following points: -� Membership provides a say technically on various committees and input into the region with the other agencies. -� It has been a Portland driven organization in the past, however, there has been considerable criticism jointly by the other agencies involved that has created a shift. A new chairman has been elected from the Technical Committee, Greg DiLoreto from the Tualatin Valley Water District. The chairmanship of the board is out of Oak Lodge (Clackamas). It gives an avenue to build partnerships with others. It is also considered better to be at the table than away from it. The membership fee is based on the number of services and growth impact. The money is used for such things as the Regional Transmission Study, staff support, lobbying, fish habitat, 4D Rule and conservation programs. Mr. Wegner recommends continued participation. S. Aquifer Storage Recovery—Mike Miller There have been talks with the City of Beaverton about their ASR Project. Beaverton is within the same critical ground water area that IWB is located in. The Aquifer Storage Recovery concept is to take cheap water and pump it into the ground, using deep aquifers as a reservoir. Then during the summer pump that water out of the ground for use. It is not a new concept and it has been widely used in other areas. This practice has not been used much in the Northwest because there usually is an abundance of water. The City of Salem has tried a pilot project with mixed results. Beaverton's pilot program has been very successful. Also because Beaverton is a member of the Joint Water Commission the cost for their water has been very cheap with their costs for the water being about $.35 per hundred gallons. This program helps augment the systems. Beaverton is proceeding with this project. Their ASR Well #1 is off Hansen Road. They have drilled ASR #2 well at the same site. Their third well is located off Scholls Ferry Road and Barrows on the West end. The core drillings indicate this site will prove itself to be well suited for ASR. Intergovernmental Water Board 2 August 9,2000 Tigard is looking to participate in a joint program and look at ASR for our own existing system. Propose the use of funds out of the $3,000,000 set aside to explore ASR and go out for a RFP and have consulting engineer's determine whether or not ASR will fit within our service area system. We currently have four wells; two are in use. Well #4 off of Beef Bend Rcad is a very deep well and could be used successfully as an ASR. Well #3 off125th and Walnut has collapsed but could potentially be a good ASR source. Mr. Miller requested approval to utilize the funds to move forward with the program. Potentially for short term it is possible to produce 6-10 mgd. Commissioner Paul Hunt asked what the estimated cost would be. Mr. Miller estimated it would be around $100,000 for the consulting work. Commissioner Jan Drangsholt questioned where the water would come from. Mr. Miller explained that negotiations would need to be made with an agency to acquire water during the winter months at a cheap rate, i.e., JWC, Lake Oswego, Portland. Portland is spilling water over the spillways during the winter. We could utilize that water by putting it in the ground somewhere. Mr. Miller continued to explain that the ASR process is really making a bubble of water in the ground and extracting it at a later time. Water Resources has rules and guidelines stating that only 80% can be withdrawn from what is put in allowing the remainder to help stabilize the critical ground water area. Commissioner Drangsholt asked Mr. Miller to explain what factors were involved with why some of these pilot programs have been successful and some unsuccessful. Mr. Miller stated it depended on the type of ground, the geologic structure of the ground, the fault lines, structure of the soils and rock base. The basalt layers in the Bull Mountain/Cooper Mountain area are very porous and able to hold the water. Commissioner Drangsholt asked how the water stayed contained? Mr. Miller explained that there are confining areas and it is not as porous as imagined. Water moves very slowly, not like a river underground. Mr. Ed Wegner explained that a geological study would be the first phase of the RFA study. The consultants will look at the existing wells and the aquifers around there. They determine where the best depth for placing the bubble will be by core drilling. Commissioner Penner stated the current wells would be looked at first. Mr. Miller indicated they would look at the well logs that describe the soils and rocks found when the well was drilled along with other existing wells and determine the possibility of utilizing them. They can test the existing water below and see how the introduced water will react with the rock formations and look at the water chemistry carefully to see if it is compatible with the existing ground water. Commissioner Carroll asked whether the water would come back as treated of untreated water. Mr. Miller indicated it would be treated water that may require chlorine to be added to the water. Intergovernmental Water Board 3 August 9,2000 Mr. Wegner stated this is something that the Citizens for Safe Water have been pushing in Tualatin and Sherwood areas. This would allow us to at least explore the idea. Commissioner Drangsholt made a motion to approve spending money from the longterm capital fund for a RFP for ASR. Commissioner Hunt seconded the motion. The motion passed by unanimous vote, 6. Long Term Water Supply Update—Ed Wegner Clackamas River— South Fork Group, includes South Fork, Tigard, Lake Oswego, and the North Clackamas Water Commission. A staff meeting was held with the member managers. Three things were discussed. * Development of a timetable i�, Reviewed the fatal flaw findings 3:� Looked at a rough draft of a Memorandum of Understanding (MOU) All of the entities contributed approximately $2,800.00 each for Murray Smith and Associates to go through a program to find any fatal flaws with regulatory agencies by going to the Clackamas or with Clackamas combining forces to work on a MOU that would commit the agencies to a water supply source. Following that a formal Intergovernmental Agreement ORS 190 would be developed to allow us to be a member of that. The timetable dates are important. Staff is gathering information on the MOU. We have included things that we are looking for like water rights, water quality, etc. Between Sept. 1-20, 2000, the draft of MOU will be compiled. At the Sept. 13 IWB meeting he suggests spending time in executive session reviewing the contract document to make sure everything is included. On September 21 the elected official's South Fork workshop will take place that Patrick Carroll and Paul Hunt should attend to represent the IWB. If all proceeds well, we should be able to come back and in the next 60 days sign the MOU and begin working on a formal Intergovernmental Agreement that would be signed in early Spring 2001. That will allow agencies the budget process time to fund projects for further studies. Re ug latory A eQ ncies The Department of Environmental Quality, Oregon Water Resources, and National Marine Fishery Services were talked with. Basically there were no fatal flaws found, but a lot of process, studies and regulations that will need to be followed. y DEQ's issue is the total maximum daily loads on the river as it compares to water temperature for fish. They have noted that the Clackamas River's key priorities are for drinking water and fish habitat. Mitigation for the temperature impact will be required and covered in the Habitat and Conservation Plan. Intergovernmental Water Board 4 August 9,2000 y Water Resources liked the approach of expanded service. They are in favor of municipalities uniting as a coalition to work together. They have no problem with the Clackamas water rights holders going outside the Clackamas basin to provide water to the Tigard Water System Area. It is a long process to get all their permits through (2 years), but not difficult. y National Marine Fishery Service has rules that change daily. This process has the greatest impact. Future listings may have an impact. Cutthroat trout will probably be on the endangered list in October. Also the lamp-ray eel. They will be regulating and checking the screens on intakes and require them to have a compliance certificate. A Habitat and Conservation Plan will be required, followed by an Implementation Plan. Biological assessments also will be required. The reports for all these agencies will be multi-year projects and will require at least $500,000 to process the studies. All want their staff to be involved every step of the way, which is good. The draft of the MOU involves cooperation. They let us in, we want water rights or equity ownership and are willing to pay our fair share, and we will all agree to follow the new regulations of the regulating agencies. Equity ownership will be a major issue. Joint Water Commission — Hillsboro, Forest Grove, Beaverton, and Tualatin Valley Water District. On July 14 Mr. Wegner and Mr. Monahan attended a )WC meeting. JWC staff, who is also the General Manager and Public Works Director of Hillsboro, made a presentation with options to Tigard. :1 Sell no water Sell water at wholesale rate as wholesale customer Allow a buy-in with built in termination dates if no additional raw water storage is developed Allow a buy-in of current facilities Their recommendations to the Commission's elected officials were: 1. Authorize the General Manager to provide a water sales agreement for the remainder of the calendar year 2000 to the City of Tigard. 2. Direct staff to develop an IGA for Tigard to become a participant with built-in termination if additional source water could not be developed. 3. Direct staff to move forward on research and planning for development of an additional raw water source. The only discussion about the last two points was that the built-in termination needed to be set so there was a ramp down period of time allowed, not a sudden termination. There was considerable discussion about the sale of water for this year. Forest Grove was hesitant to allow the sale of surplus raw water. They wante;i each agency to take it back to each full elected boards, i.e., city council and/or board of directors. It was ultimately decided that the General Manager would enter into an agreement with Tigard Intergovernmental Water Board 5 August 9,2000 and he would contact all JWC members who would then decide if they needed to take it back to their councils or let the managers of the agencies handle it. The following week they met again and came up with a very good rate of$.40 per hundred. If it were to cause a problem to TVWD because of their possible peaking, we would pay an additional $.46 taking it to $.86. It was decided that Hillsboro had enough excess water to allow the purchase of water right away. The water would come from the plant through Hillsboro, through Beaverton's system and into Tigard. We could take up to 1.5 mgd. With the hot weather of the past few weeks, hydraulically we cannot take water due to the strain on the system. We will try to take water again, but everyone was depleting their reservoirs and the hydraulic grade line was low. The agreement is in place and we will be able to take up to 1.5 mgd from the JWC someday. Commissioner Carroll asked when the $.46 differential would kick in. Mr. Wegner explained that if TVWD must take more Portland water than what they are allocated then they would be hit with a peaking factor. Gary Pippen of TVWD is a very good operator of the system and knows where his flows are. He thinks he'll be on top of everything so that we won't be caused to use that water. We now have another source of water taking up to 1.5 mgd, but not during the heat of the summer. If we do decide to look at the JWC we may want to put in some pumping and connections to increase that amount. The JWC is starting a draft of an IGA for principal points for Tigard to become a member of the JWC. That draft is expected to be ready at their October meeting, which is after the October IWB meeting. Mr. Wegner proposed that the IWB meet with the Tigard City Council on Tuesday, October 17, at their work session to be brought up to date on the JWC proceedings. Notices will be sent as the date approaches. Commissioner Drangsholt asked if the dam still would need to be raised. Mr. Wegner responded in the affirmative. That was one of their three recommendations, to direct staff to move forward on researching and planning the development of an additional raw water source. If the dam is raised and we participate in that raising, we would get the rights to the water. Until that happens, we have no water rights. Portland Water Bureau On July 26 Mr. Wegner attended a meeting with the wholesale purchasers. Portland presented them with a 'straw-hat'contract. They made it clear that it was a presentation only with nothing to be negotiated at the present time. They have not had a legal review yet. They also met again earlier today with the Integrated Utilities Group, which is the consulting group that was hired to help with the contract negotiations. They went through only 5 pages out of 28 pages. They will be meeting several more times between now and Sept. 12 to continue reviewing. At the Sept 13 meeting hope to have a proposal reflective of the combined thoughts of Tigard, Tualatin, Gresham, Rockwood, Intergovernmental Water Board 6 August 9,2000 West Slope and Tualatin Valley. The Portland draft is in a strange form. It does not contain pricing information; they don't use the word peaking, but they do use the word penalty. Mr. Wegner will fax a copy of Portland's bedrock principals. He shared a few of them. ■ Any contract will not have an adverse impact on residential ratepayers of the City of Portland. ■ No existing Portland water system is for sale. Mr. Wegner spoke with Bob Reich, Finance Director of Portland, and he indicated they would like to have the contracts ready for adoption by July 1, 2001. Mr. Wegner felt that was unrealistic. Portland moved slow to get the straw-hat contract and now they are in a hurry to finalize. They also want to have separate contracts, which is the concept the Joint Commission is trying to get away from. Commissioner Schederich asked whether they have predicted when they will have to put in filtration. Mr. Wegner said they have not addressed that issue. They would only talk in general terms about the contract and would not talk about facilities development. Commissioner Schederich asked if the Portland City Council or staff set the bedrock principals. Mr. Wegner thought they came from the commissioner in charge and staff. Commissioner Drangsholt requested the phone number and address of Norm Penner. Kathy Kaatz said she would update the information and bring it to the next meeting. 7. Informational Items ■ Email from Todd Heidgerken regarding the initiative petition filed to require voter approval for TVWD to utilize Willamette River as a drinking water source. • July 26th Oregonian article regarding above mentioned initiative ■ Memo from Todd Heidgerken regarding the contract between TVWD/Wilsonville for the Willamette Water Treatment Plant—Wilsonville has started the construction of the plant. They are working with US Filter to develop an operations contract. • Letter from TVWD regarding water rates charged to the City of Tigard ■ Oregonian article (8-2-00) regarding petitions on Willamette River water ■ Memo from CH2M Hill regarding rate model study (Measure 93 —Taxpayer's Initiative on fees and charges) ■ Oregonian article (8-8-00) regarding suite to halt initiative ■ Oregonian article (8-9-00) regarding Wilsonville's ability to borrow $10 million from Oregon Economic and Community Development Department • Memo from Portland Water Bureau on augmenting the Bull Run supply Mr. Wegner, in referring to the article about someone suing the County Elections Board, explained that Paul Matthews who is Vice President of Integrated Utilities Group, the firm we have hired, as an individual has sued the County Elections Director stating that the Citizen's for Safe Water petition for an ordinance to vote on the Willamette River is illegal, unfair and unjust. It is an administrative decision. Mr. Matthews has made it Intergovernmental Water Board 7 August 9,2000 very clear in meetings that he is doing this as an individual. It was decided that he would not talk about that issue when talking about the Portland contract. Information is also included about the Clute property neighbors that attended the IWB meeting last month. They did appeal to the Hearing's Officer. The hearing was several weeks ago. The Hearing's Officer left the record open for one week for appellant to make comments (those comments are included), then another week for our response. The path is a big stumbling stone. 8. Public Comments-None 9. Non Agenda Items-None 10. Adjournment Commissioner Drangsholt motioned to adjourn the meeting and Commissioner Carroll seconded that motion. All members unanimously approved the dismissal. Intergovernmental Water Board 8 August 9,2000 Summer Supply On August 9, the Water Bureau began pumping water from the Columbia South Shore wellefield to supplement the Bull Run supply.The decision was a prudent response to an extended warm,dry summer .. \ season. Inflow into the Bull Run reservoirs during July was 2/3 of the historical average.June inflow was about 50% higher than average,but it came when the reservoirs were full and there was no additionali storage capacity. Since there is no way to predict when fall rains will return,the Bureau made the decision on criteria consistent with the summer supply plan presented to City Council. The Bureau's plan is to blend water from the ` wellfield in a ratio of 20%well water to 80%Bull Run. Starting August 15, the Bureau will also release 30 million gallons a day from Bull Run Lake for twenty days.Currently the plan is to take 700 million gallons of water from the wells and 600 million gallons from Bull Run Lake. Bureau predictions anticipate this is the amount of water needed to meet demand if refill of the Bull Run reservoirs is delayed Water Quality Inspector Dave McDonnell is collecting a A through October 15.We could use more well water if sample from a monitoring well near Blue Lake Park at the needed, but do not plan to use more than 600 million start of running groundwater.When the wellfield is running, gallons from Bull Run Lake. the Bureau collects samples from all production wells once a week. June Statistics 30 year average Year 2000 Maximum Portland daily temp temperature 74.0°F 76.4°F (average high for month) Minimum Portland daily temperature 52.9°F 53.9°F (average low for month) Total monthly precipitation in Portland 1.48 inches 1.19 inches Total monthly precipitation at Headworks 4.00 inches 3.12 inches July Statistics Maximum Portland daily temperature 79.9°F 78.4°F (average high for month) Minimum Portland daily temperature 56.6°F 57.2°F (average high for month) Total monthly precipitation in Portland 0.63 inches 0.15 inches Total monthly precipitation at Headworks 1.35 inches 0.19 inches Ed Wegner 120 DAYS=8/11/2000 City of Tigard Water Department cnYOFn�A� Community(Dewfopment CITY OFTIGARD S(rapingA Better Community Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER "URBAN SERVICE AREA" Case Number: MINOR LAND PARTITION (MLP) 2000-00003 Case Name: APPEAL OF CITY OF TIGARD PARTITION (d 154TH AVENUE Name of Owners: City of Tigard Water Department Name of Applicant: City of Tigard Water Department Address of Applicant: 13125 SW Hall Boulevard, Tigard, Oreqon 97223 Address of Property: 13230 SW 154th Avenue Tax Map/Lot No.: WCTM 2S105DB, Tax Lot 00600. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS DENYING AN APPEAL AND UPHOLDING THE DIRECTOR'S DECISION TO APPROVE A REQUEST FOR A MINOR LAND PARTITION. THE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANTS PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON JULY 24, 2000 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER Item on Appeal: ➢On June 2, 2000, the City of Tigard approved a request to partition a 1.74 acre lot into 2 parcels. The property was originally acquired by the Water District for access to the recently completed Menlor Reservoir. The access is now no longer necessary and the partition would have separated the access to the reservoir from the remaining 1.35 acres. The 1.35 acres would then be able to be sold and/or built upon. On June 16, 2000 an appeal was filed stating that City staff failed to adequately address the following: public access and egress to the trailhead and park via SW 154"' Avenue, adequate public facilities, tree preservation, erosion, storm drainage, and nature trail specifications. ZONE: Multiple-Family Residential, 25 Units Per Acre; R-25. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. REVIEW CRITERIA BEING APPEALED: Community Development Code Chapters 18.420, 18.705, 18.765, 18.790, and 18.810. Action: ➢ ❑ Approval as Fkequested ❑ Approval with Conditions ® Denial f Notice: Notice was published in the newspaper, posted at City Hall and mailed to: ® Owners of Record Within the Required Distance ® Affected Government Agencies ® The Affected Citizen Involvement Team Facilitator ® The Applicants and Owners The adopted findings of fact, decision and statement of conditions can be obtained from the Planning Division/Community Development Department at the City of Tigard City Hall. Final Decision: THE DECISION WAS SIGNED ON AUGUST 17, 2000, AND BECOMES EFFECTIVE ON AUGUST 23, 2000, The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. --- Ed Wegner 120 DAYS-8/11/2000 City of Tigard Water Department CITY OF TIGARD Community(Development SfiapingA Better Community CITY OF TIGARD Washington County, Oregon 'NOTICE OF FINAL ORDER RYTRE HEARINGS OFFICER' "URBAN SERVICE AREA" Case Number: MINOR LAND PARTITION (MLP) 2000-00003 Case Name: APPEAL OF CITY OF TIGARD PARTITION-(@,l 54 TH AVENUE Name of Owners: City of Tigard Water Department Name of Applicant: City of Tigard Water Department :Address of Applicant: 13125 SW Hull Boulevard, Tigard, Oregon 97223 Address of Property: 13230 SW 1`54t' Avenue Tax Map/Lot No.: WCTM 2S105DB, Tax Lot 00600. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS DENYING AN APPEAL AND UPHOLDING THE DIRECTOR'S DECISION TO APPROVE.A REQU_EST_FOR A MINOR LAND PARTITION. THE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANTS PLANS, NARRATIVE, MATERIALS;COMMENTS OF REVIEWING AGENCIES, THE' PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELDA PUBLIC HEARING ON IDLY 24, 2000.TO RECEIVE TESTIMONY REGARDING THIS,APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER.. .Item on Appeal: >On June 2, 2000, the City ofTigard approved a request to partition a 1.74 acre lot into.2 parcels. The property was originally acquired by the Water District for access to the recently completed Menlor • Reservoir. The access is now no longer necessary and the partition would have separated the: access to the reservoir from the remaining 1.35 acres. The 1..35 acres would then be able to be sold and/or built upon. On June 16, 2000 an appeal was filed stating that City staff failed to adequately address the following: public access and egress to the trailhead and park via SW 154R' Avenue, adequate public facilities, tree preservation, erosion, storm drainage, and nature trail specifications. ZONE: Multiple-Family'Residential,-25 Units Per Acre;"R-25. The'R-25 zoning district is designed to accommodate existing housing of alf types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. REVIEW CRITERIA BEING APPEALED: Community Development Code Chapters 18.420, 18.705, 18.765, 18.790, and 18.810. Action: ➢ ❑ Approval as Requested ❑ Approval with Conditions Denial t Notice: Notice was published in the newspaper, posted at City Hall and mailed to: Owners of Record Within the Required Distance ® Affected Government Agencies The Affected Citizen Involvement Team Facilitator The Applicants and Owners The adopted findings of fact, decision and statement of conditions can be obtained from the Planning Division/Community Development Department at the City of Tigard City Hall. Final Decision:, THE" DECISION;WAS.SIGNED ON AUGUST. 17,2 i`20:00, AIdD BECOMES'EFFECTIVE ON AUGUST 2!3, 2000,' The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. -Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. Page 1 of 1 max'/ I was advised.this morning that over the last couple of days we seem to have started getting a higher than normal number of customer complainis related to discolored water. We've been doing some additional tests and we're still looking into sources for this color. We're also making some operational. adjustments in attempt to minimize the problem. Mostly,.I wanted to let you know that: 1) you too maybe getting some calls, _ 2) it is likely us - not just your system, and 3) we are aware of the problem and working on getting.it resolved ASAP. I will provide a further update on•Friday. Thanks for you patience, Mark Knudson 11 TTX ,.r,IxTc\TUr,rn\r-Ax»nnnn).T4TNA 8/2$%00 CY Page 1 of 1 Just wanted to pass this along. Kim Swan informed me this afternoon that we were receiving a rash of calls concerning water color. Sometimes when we make large operational changes and-the direction of flow changes, we will cause water.coloration in our system. This has not°been the case for several weeks. The last time we had a water color problem that we created was when we brought Beaverton on-line for the first time this summer:. Knowing that we hadn't changed our operations, I called Mark Knudson, Water Quality Manager for.Portland Water to see if they were experiencing the same thing.. We will see water color changes in the Bull Run when draw down occurs within the watershed and they are pulling water"from deeper levels in the impoundments. Or-we will see a water color problem when mixing the Columbia Southshore Well Field and the Bull Run causes a chemistry imbalance. Mark stated that Portland was also seeing an increase in water color problems, but;wasn't going to notify the wholesale purchasers until they (Portland) could isolate the problem. What is attached is an e-mail from Mark this afternoon. Thought you should know. Mike fiP-//( -\WnNMnWO,\TEMP\GWIOOOOI.HTM" 8/28/00 Page 1 of 1 On Thursday,,the Water Bureau identified that water from one of the eight wells currently blended with the Bull Run supply showed an elevated level of • manganese. This appears to have had the effect of causing slight discoloration;in the water supply. The Water Bureau has switched wells to reduce manganese content in the blended water. In switching wells, no additional discolored water is entering the system. It will take two or three days for most of the -discol'ored water currently in the pipelines and reservoirs'to pass through the system. The discoloration, like that of from.tannin in fall leaves, is most apparent in quantity, for example, customers may notice the color in'a full white bathtub. Customers should not notice any difference in'typicai water uses. Manganese is a naturally occurring mineral in groundwater and does not have, adverse health effects. The water quality remains equal to or better than state and federal standards for safe water. > -----Original Message----- > From: Knudson, Mark > Sent: Thursday, August 24, 2000 5:24 PM • > To: Dan Boss (E-mail); Dave Gilbey (E-mail); Dean Fritzke(E-mail); Gary > Pippin (E-mail); Jim Garner (E-mail); Kim Swan (E-mail); 'Margy Leonard'; >Marty Wegner(E-mail); Mick Wilson(E-mail); Rich Sattler(E-mail); 'mike > miller' > Cc- Schenk, Steve; Sheets, Mike;Casson, Kathy;Walker,Ross > Subject: Writer Quality Complaints > > I was advised this morning that over the last couple of days we seem to > have started..getting a higher than normal number of customer complaints > related to discolored water. We've been doing some additional tests and > we're still looking into sources for this color. We're also making some > operational adjustments in attempt to minimize the problem. > Mostly, I wanted to let you know that: 1) you too may be getting some > calls, 2) it is likely us - not just your system, and 3) we are aware of >the problem and working oil getting it resolved ASAP. I will provide a > further update on Friday. > Thanks for you patience, > Mark Knudson file://C:\WINDOWS\TEMP\GW)00001.HTM 8/28/00 Citizens Interested in Bull Run; Inc. More sora e needed! P.O. Box 3426 g Gresham, OR 97030 Bull-Run Lake becomes low during the Phone:. 503 665-4777 summer months. It was never intended to be Fax: 503=669-9429 like a man-made reservoir. It.nourishes the e-Mail:" eiibri@teleport.com forest as-it seeps its way underground down to INTERNET- www.clibri.org the:Bul1.R'un Rover. On the other hand, a third reservoir on Fax to the Editor: 503-452-9338 the Bull Run plus a reservoir on the Little CIIBRI Pipeline - August 2000 Sandy (Little Bull Run) could double the amount of water available even during the Spilling Bull Run water summer months. Why is the Portland Water Bur for the fish (PWB)reluctant to get the permit process The Portland Water-Bureau (PWB)is going for the Bull Run reservoir#3? supposed to furnish,water to people, not fish. Plans for the third,reservoir have"been People are really"perturbed by the PWB on hold since 1988. That's too long of a delay! spilling 1.5 billion;gallons of Bull Run water The buck stops at Mike Rosenberger's for the fish. desk. "As'head of the Water'Bureav' he needs Under what law (Federal.or State)is 'to hear from you that this is now the time for a PWB Mandated to do that? needed change. Where is the water-for-fish theory We want 100% genuine Bull Run • Doming from? water. The wells were never intended to be a regular year-around supply:_'They are only for Does.the PWB know how much. the emergency.back-ub. temperature has changed in the Sandy River as a result of the spilling? How much revenue would 1.5 billion People dont Want the gallons provide? treated Willamette River What is the cost of replacing 1.5 billion, gallons of water by pumping it from,the TheWilsonville:Citiz s for Safe Wates- Columbia.Southshore wells? filed a legal.action.in Clackamas County Circuit One suggestion is to rename the.PWB Court on July 27,,2000 to declare thatthe the'"Salmon Recovery Bureau." Oregon Health Division(OHD) has illegally granted a permit to the City of Wilsonville to construct a.water treatment plant on the Dilution is the solution? Willamette River. Theproposed plant would supply drinking water to the residents of By mixing 80% Bull Runwater with Wilsonville, Tigard, Tualatin, Sherwood and . 20% well water, are Portland water drinkers the areas serviced by Tualatin Valley Water being fooled into thinking that.the well water is Distrim really a potable drinking water supply? The OHD must be required to order How many wells are already unusable? Wilsonville to prepare and file a new Water Di Why is PWB using.a source the could System aster Plan prior to construction for become completely contaminated in 20'years? the new water treatment plant to assure the residents of Wilsonville and the-residents of What is the cumulative effect on people, other West Metro communities will receive safe from minute amounts of pollution? drinking water in compliance with current and (Continued on Page 2) CHBRI Pipeline Page "Big Bucks" Vs. • August 2000 (Continued from page 1) "Volunteer" Citizens future regulatory requirements projected 0 Here we go again! forward for a 20 year period, promulgated by the EPA under the Federal Safe Drinking Water Agencies that are supposed to be Act. If the OHD will not fulfill its primacy listening to customers' needs are, instead, authority, the Wilsonville Citizens for Safe using their financial resources to fight against Water will petition the EPA to force compliance concerned customers. That seems to be the with the Federal requirements. . short-history version of Portland's Bull Run protective movement. The Portland Water Oregon and the Federal Government Bureau has thousands of dollars of our money PA require that each communityserving b to produce flashy full-color brochures 300 or more service connections shall provide including ones that they tuck in with our water a_Water System Master Plan pursuant to the bills. Citizens,have to resort to using non- Federal Safe Drinking Water Act and the color brochures and to pay retail prices for the Oregon Drinking Water Quality Act,regulated printing. by the Oregon Health Division which assures that the quality of the drinking water will be in It has taken 25 years and thousands of dollars spent by private citizens in order for the compliance with Federal safe water standards for a twenty period. U.S. Congress to recognize the need for protection. We still.have a ways to go in Wilsonville presently provides well protecting the Little Sandy (Little Bull Run) water to its.residents and is operating under a and the buffer areas. Hopefully that will not 1986 Water System Master Plan (14 years old) take another 25 years. which is'limited to the issue of supplying well • With a Congress and a Presidency that water. Wilsonville's proposed new.water treatment plant will supply Willamette River limy be a Lige:which charg%,a its stripes every surface water. four years, it behooves citizens to continue to be vigilant and to learn from the resources of The Citizens for Safe Water have the past. testified before and have frequently communicated with the,OHD and Wilsonville ® Now there is a fight happening in to the effect that neither are in compliance with the suburbs! Oregon Law ORS 448.131 or Oregon The law firm that represents the regulations OAR Chapter 3333, Division 061, Tualatin Valley Water District (`I'VWD) has particularly OAR 333-061-0060(5) been hired by Paul L. Mathews, Senior Vice- (construction standards for public water - President of Integrated Utilities Group, to file a systems),which requires that prior to lawsuit against the citizens,'petition,drive. The construction of a,New Water Treatment Plant TVWD insists that it is taking no part in the law Wilsonville must submit to the OHD a new suit, but it.isin their interest of usinAhe Water System Master Plan that assures that=the Willamette River.They, would certainly water from the'new plant.(Willamette River sympathize.with it. water) will meet water-quality standards under the Federal Safe Drinking Water Act:and'the $3 million has already been spent on a Oregon-Drinking Water Quality Act for the next Pilot project testing whether.the Willamette s 20 year period. water could be purified to federal drinking- water standards. Hey,that's a lot.of"Big For more information call: Bucks" that the average°citizen does not have! Wilsonville Citizens,for Safe Water- ® And hat's merely small-change! Charles Scott 503-694=5163 US Filter; a subsidiary of Paris.based Vivendi Water Company, is being offered a • five-year contract witlh'the later option of ownership of the Willamette filtration plant. • :Get Inv®'lved i CITIZENS FOR SAFE WATER Tualatin Valley Water District: On July 6, 2000 the City of Wilsonville ownership of about 70% of the Willamette river water treatment plant to the Tualatin Valley Water District.signed an agreement conveying a 49% interest in the existing land and future development. On July 18, 200.0 Citizens for Safe Water filed an Initiative Petition with the Washington. County Elections Division: If 7339 valid signatures are gathered within the Tualatin Valley Water District an election will be held to ask voters in the water district if a new ordinance should beadded to� the T governing ordinances which will require the District to hold an election before the District can use treated Willamette Riverwater as a drinking water source. • We need help in gathering these signatures- Please ignatureslease call' us at 590-2810 if you caa 1►elp us get some signatures. If you can just get one . signature sheet(20 signatures) filled, it will be a big help.._The TVWD has filed a lawsuit to stop this petition,: We are also seeking financial contributions to defend this lawsuit. Tigard: On Sept.21, 1999 Tigard Citizens,for Safe Water's Initiative Petition passed by 84 Tigard.:City Charter was changed to require a future majority vote of'the people before Willamett used as a drinking water source.. At this time we are. helping Wilsonville, Tualatin Valley Water Tualatin in their battles against Willamette river water. Call us'at 590-2818, fax 590-0425, email: dr j@hevanet.com Wilsonville: On Sept. 21, 1999 Wilsonville Citizens for Safe Water's Initiative Petition also passed, and the Wilsonville city charter has been changed to require a future vote of the people before the Willamette can be used as a drinking water source.However, the city is challenging the citizen's measure, saying that the city's revenue bond funding measure (which also passed on Sept. 21) takes the place of the future vote required by the citizen's measure. Wilsonville Citizens for Safe Water filed.a lawsuit against the City to get a court interpretation on whether the citizens should get avote on the Willamette water source. The.court will review the case on Sept. 18. We are seeking contributions'to fund these legalcosts. Please call us at 694-5163. Wilsonville has moved equipment onto the plant site,and is beginning construction. Tualatin: On July 28,2000,Tualatin,Citizens for Safe.Water filed an Initiative Petition in the City of Tualatin. If approximately 1500 valid signatures are gathered, an election will be held to determine if a new section should be added to the Tualatin City Charter which would require a future vote of the people before Willamette river water can be used as a drinking water source. Please call us at 692-2834 if you can help gather signatures or make a contribution. Sherwood: On July 24,2000, Citizens for Safe Water filed an Initiative petition in the City of Sherwood. If 935 valid signatures are gathered, an election will be held to determine if a new section should be added to the Sherwood CityCharter which would require a future vote of the people before Willamette River water can be used as a drinking water.source. Sherwood residents are concerned that the City is contracting with Tualatin.Valley Water District (TVWD)for their water. Tualatin Valley recently acquired a 49% interest in the Willamette treatment plant, and signed an agreement with Wilsonville which will eventually give TVWD • controlling interesi in the plant, an U-1 the right to sell uieii snare u:dhe plsrt to outside interests. We need help in getting these signatures. Please call us at 625-7149'if you can help us get some signatures. All of our members are volunteers. You can make a tax deductible contribution to the Tigard, Wilsonville or Tualatin chapters of Citizens for Safe Water to help us with our expenses (printing, mailing, advertising, legal, etc.)Please call one of the above phone numbers, or mail your contribution to: CFSW, P.O. Box 23954,Tigard,Or. 97281. If the donation is for$50 or more, tell us your occupation. The first$50 per person or$100 per couple qualifies as a tax credit, which can be deducted dollar for dollar from your tax bill (as opposed to a tax deduction). Thus you will get the donation back at the.end of the year in tax savings. • .Pure E nkf ng Water- • Comes from°a Protective Forest Citizens Intauted in Buff Rum Inc,. (WBRV Citizens Interested in Buil Run, Inc. is concerned with: i. Informing the public about current events that may not always be reported by the major media by providing the newsletter the "CIIBRI Pipeline` and by having a site on the Internet at www►.ciibd.org. 2. Tapping+he resources of the Bull Aur? Open File. 3. Providing a way for individual citizens to directly contact government agencies and Congress with their. concerns. 4. Supporting the Citizens for Safe Water. Contributions are taz deductible and should be sent;to: CIIBRI P.O. Box 3426 Gresham. OR 97030 Buff R In GWIT (BRIG) . The Bull Run Interest Group owns and maintains the Bull Run Open File at the Multnomah County Public Library_ 1. This provides an expert file-that is ayailaola to the general public_ .2. They have paid to have made microfiche copies of the earlier parts of the file available at the. Multnomah County Library and available at the Oregon historical Center Library. 3: They-add and catalog updated documents which may eventually be made into future microfiche copies.- This opies.This project is funded by the sale of books by Joseph L_ Millers Jr..., M.D. and is=tax deductible. ® The list of books available and an order form are included in this Pipeline. BOOKS BY50SEPHL.,MILLER 59?., MD. • 1 . "Bull Run - A World Treasure" (Available in limited supply) $3.50' 2. "What Good is Free Speech in a Closet?" $4.75$ 3. "How to Destroy God's Kingdom & Democracy at the Same Time - Case Study: Water Supply of Portland, Oregon" $3.45* 4. "Restoring Protection for Buil Run (and increasing it for the Little Sandy)" $2.54$ * Suggested retail price or, as long as supply lasts, available for FREE! fail a dere. tn: . • Bull Run Interest Group ,c/o Donald Cook, Treasurer 2006 S. Y. Sunset Blvd. Portland, OR 97201 FAX orders to: FA. 503-452-9338 Please make checks pavable to "Bull Run interest Group" •s!and Jo Aunduaoj aa4i9M !puanrn g4!m 1nuoq>bu.494u► sau►ooaq aani� a�.auaall!M aye aa�o �t��5id Gana sadia4s ski a6uvg31nua aa614 load lod ag4 .ua m IfIlopadsa papaou aq 5,Cnm1» 111M a3uaj!6!A uaz!j!j a31S3n03b,NO1103HH00 SS3800b woo•podeia}j56)iaglio :ALAI-e 6ao-1agno-mm. n :atis tau.latu` 6Z1176-699-£05 MU 9 aagwnN S G awnloA ,auo ------OOOZ tsn6-nom----- LLLti-599-£0.5 Ud ------ 0£016 a0 `uaeysa.la tsaaod an1109101d a woad saw00 aateM 6uiNulaa a•md `ao -we sa,E y '9z17E x013 •o•d a01401sn ON, aullad!d. J,Jjgl�l 30dlsod`sn 'aul `ung ling ui palsa,Iajul suaZlj10 u011ez1UUBJ0)UPJduoN, want to help protect our Bull Run .. drinking water supply and save &th�e uninhabited. Little Sandy, as a future source. Membership IJ $15 --77 Enclosed is my donation for. $ Name Phone ( ) Street Apt. # City State Zip Donations are tax deductible. Please make check payable to: $0-BRI9 P.O. Box 3426 Gresham, OR 97030 • Phone: 503-665-4777- INTERNET: www':ciibri.org Fax: 503-669-9429 a-Mail: ciibri@teieport.com ❑ I am interested in becoming a volunteer. Tap Ga' pm s _ ef-T S- 5 "k itis § "'Z� ......... _ E}'� A Y� d � ♦ w mom, 1-5 Vit . `^ .� �_ � a.:• ami_ `�.aS� "i � 3�' OrrS 4 . . u� ZIP x F �+ Ar �..._ :a� .::: �, !.....a,�r,... ��.<k', gs_r3 t....� �. .:.�,.� _,�?«x�,...,,..na.«a, �.�. ?s..a � ..u-1 c,•,.. :� • Pesto-codes Drinking The Tap Gap: Pesticides in Gregon"s DrinkingWater By Hilary Abraham Oregon Pesticide Education Network (OPEN) ® Oregon Environmental Council The Northwest Coalition for Alternatives to Pesticides 6 OSPIRG Foundation We gratefully acknowledge the support of: ® The Pew Charitable Trusts 1 The Bullitt Foundation ® Turner Foundation ® The Tides Center as well as numerous individuals who have supported the work of the Oregon Pesticide Education Network. The opinions expressed in this report do not necessarily reflect the views of the supporting foundations and individuals. We sincerely appreciate the special contributions that the following individuals made to this report: Jeff Allen, Norma Grier, Neva Hassenein, Maureen Kirk, David Leland, Karen Lewotsky, Deloris Scott, Al Sharkey, Sheree Stewart and Laura Weiss. July 2000 s The Tap Gap:Pesticides in Oregon's Drinking Water Table of Contents ExecutiveSummary ................................................................................................................2 Introduction ......................................................................................................................3 Designed to Kill: Why Pesticides are a Problem ......................................................................4 MobileMenaces ................................................... ....................... ...........r..............4 TheSafe Drinking Water Act .................................................................................................5 The Emperor Has:No Clothes: Caps in Drinking Water Protection ...............—.1, ..........7 The Forgotten Ones: The Absence of Protection........ ...............................................7 One Family's Pesticide Plf9 ht................................ ..................................I........I................8 Truth At the Tap: What's Really in Oregon's Drinking Water........;............I.........................10 • Pesticides in Surface Water......................................................................................11 Pesticides in Ground Water .......................................................................................12 Our Right to Know- Consumer Confidence, Reports .............I..................................13 Citizens of Wilsonville have a Right to Safe:Drinking,Water ..............................................14 An Ounce of Prevention ............................... ............................. ........ ..................................15 Drinking Water Protection Programs: Source Water Assessment Plans ..........._........15 Oregon's Groundwater Protection Act ....................................................................16 Bottled Water and Home Filter Systems: No Escape? .........................................................:17 Knowledge is Power: How a Pesticide Tracking System will Help Close the "Tap Gap" 18 Closing the Gap: Recommendations......................................................................................20 References ........................................................................................................................21 The Tap Gap: Pesticides in Oregon's Drinking Water !t`► Site-specific research conducted by the • Executive United States Geological Survey (USGS) (Anderson, 1997) found 50 pesticides in bummary Oregon's Willamette Basin. Drinking water standards are in place for only eight of those Pesticides are a broad class of synthetic 50 pesticides detected in the Basin. These organic chemicals that are applied in both and other gaps in our laws indicate that urban and rural areas. Once applied, they Oregon's consumers need greater can move from land to water. This means protection from pesticides in drinking water. that pesticides can easily contaminate drinking,water. Because they are inherently Pesticide use data can help drinking toxic, pesticides in drinking water can pose water providers more effectively protect serious health risks to the public. drinking water systems and target resources, alert water providers to potential sources of Currently, public drinking water systems contamination and inform systems if a water face challenges to provide clean, safe, source is unsafe to drink. In the long run, a drinking water to the public because pesticide tracking system will provide the Oregon has no system in place to track information drinking water providers need pesticide use. Without a thorough to prevent pesticide contam-ination of water assessment of where pesticides are applied, systems, in the first place. public drinking water.providers cannot assess a water system's susceptibility to The first steps in creating a pesticide • pesticide contamination. This ` tracking system are currently way. In 1999 the information is particularly f Y important because �. ., Oregon"State the Taws -, - §,., .._ Legislature passed protecting the 6 House Bill 3602, public's drinking which if implemented water supplies effectively, will provide the contain gaps and public,.drinking water loopholes. providers, and state agencies with data on pesticide use. To Drinking water w effectively put this data to use, the standards do not exist for most law must be well implemented. The pesticides used in Oregon. Drinking .,;.w - Oregon Pesticide,Education-Network water providers.must test for only:23 of (OPEN) coalition has developed an some 300 pesticide active ingredients Accountability Agenda to ensure that the registered':for use in Oregon. Drinking Itracking data can be put to work water standard's are not in place for 90% protecting our drinking water for current of the pesticide active ingredients and future generations. used in the state. Routine testing of drinking'water is conducted for , X $.` only a handful of the hundreds of ; pesticides applied in Oregon, each year. 2 ' The Tap Gap: Pesticides in Oregon's Drinking Water Introduction Oregonians get their drinking water from private wells. These are not regulated, and there is minimal data on the quality of the Clean, safe, and abundant drinking water ground-water in rural Oregon (Nelson, —we all need it to survive. In fact, polls. 1998). , indicate that Oregonians rank drinking water as their number one environmental This report explores the threats concern (LCVEF, 1999). Their concern is pesticides pose to the drinking water justified because the safety of Oregon's systems in Oregon. It includes an evaluation drinking water is not assured. The millions of the ineffectiveness of federal and state of pounds of pesticides used every year in programs in protecting the public from° ' Oregon threatens the purity of our water drinking water contamination, the benefits' and places our health at risk. Drinking water of pollution prevention efforts, and:ho.w a laws fail to adequately address the statewide system to track pesticide use will thousands of pesticide products widely used address some of the current gaps in in rural and urban areas.; In addition, consumer prote(tion. Oregon lacks basic 'information on the patterns of pesticide use. To effectively This report is not intended to protect our drinking water.from pesticide discourage the public from relying on public pollution, the public and drinking water water systems)for drinking water. To the • providers need to know where and contrary, by highlighting particular gaps in what quantities specific -utilizedin protection and under efforts chemicals are applied. like pollution prevention programs this will promote safer drinking water for There areapproximately2,652 current and future Ore onians.. public-water syms in-Oregon 3 *`' g subject to, some level of regulation under the federal Safe Drinking.Water Act. Nearly 87% of the public , water systems in Oregon each „. serve 500 people or fewer. About 500,000 Oregonians get their drinking water from individual home wells, which are ,not subject to any federal or state,,public water system standards (OHD, 2000). Fifty percent of �" !' Oregonians rely exclusively on groundwater for drinking J. water, 30% rely on surface ; = -- it water; and about 20% rely y on The active ingredient in"Roundup" , • a combination of the two: � � is Glyposate which is regulated under The Federal Safe Drinking Approximately 350-400,000 wateract: 3 The Tap Gap: Pesticides in Oregon's Drinking Water lv�ri l ® shows that use of cancer-causing pesticides Designed t in California has increased 127% between Why Pesticides 1991-1998. Of the 23 pesticides for which EPA has:developed a drinking water stan- ®„� �, � dard, eight are associated with an increased risk of cancer. While some of these carcin- ogens have been banned or otherwise taken Pesticides are a broad class of chemical out of use, EPA has set a goal of zero for or biological agents explicitly designed to these chemicals in drinking water. kill or damage living organisms. Oregon law defines"pesticides as "Any substance, or Many pesticides, including the widely mixture of substances intended to be used used herbicide atrazine, have been shown to for defoliating plants or for preventing, disrupt the hormone (or endocrine) system, destroying, repelling or mitigating all even at very low levels of exposure. The insects, plant fungi, weeds, rodents, human endocrine system is vital for healthy predatory animals reproduction and or any other formbehavioral of plant or animal Water is one of the primary pathways by development, life which is, .or �which pesticides are transported from their. and the ability to which the application areas to other parts of the resist disease 1997Colburn, environment.,Once pesticides reach streams, . department may ( ) they can be widely dispersed into other Disru, tion'to • declare to .be a P pest, which may streams, rivers, lakes, reservoirs, and oceans" the endocrine infest or be (Boon, 199.8). system can lead _ detrimental to to impairments vegetation, in reproduction, humans, animals, or be present in any alterations in behavior, diminishment of environment thereof" (Section (h) ORS intellectual capacity, and the erosion.in the 634.006). In Oregon, approximately 300 ability to resist disease: 'Young children pesticide active ingredients are registered for exposed to endocrine,disrupters can suffer use each year. (Personal communication: life-.long developmental consequences for Chris Kirby, ODA). proper brain and hormonal,development. Various human health problems are Mobile Menaces associated with pesticides. Short-term Once applied, there are a number of exposure to certain pesticides can cause paths a pesticide can take to contaminate nausea, headaches, diarrhea, or convulsions a drinking water source. Surface water (Porter, 1998). Long--term effects can transports pesticides directly to rivers, include cancer, fertility problems, endocrine streams or lakes, and Itravels over pavement disruption, and chronic damage to the to a storm drain.Pesticides can also enter nervous system. soil by irrigation or rainwater, consequently leaching into groundwater. Seepage from Many registered.pesticides have been contaminated surface water is also a source linked to cancer in either human and/or, of groundwater contamination (Trautmann, animal studies (U.S. EPA, 1999). In fact, a 1990). recent California study (Kegley, 2000) 4 The Tap Gap:Pesticides in Oregon's Drinking Water Routes through which pesticides move in the water cycle. WIND DRIFT MON IF V UFSAN WASTE" SPRAY DRIFT '444'1Sb i\ '3 •S ., k a. DEPOSIT r. a •. WIND E EVAPORATION lR 3 GROUND:WATER,,. DISCHARGETO Y . Y i •t aY 'tx <'t++''.r•'k� +'"s''x`:' .a.'..r +^;. , ' '.,t ." «, t.''b''uw r`�..•.w d`' :y'4"`c+° "+'' The Safe Drinking Water the MCLG is only a "goal" it is not the /pct enforceable standard. The federal Safe Drinking Water Act The maximum contaminant level (MCL) (SDWA), originally passed in 1974 and is the actual enforceable level established by amended twice since then, established a EPA. The MCL is based on the ability of system for creating minimum standards for systems to both detect and treat a conta- drinking water quality. The law directed the minant as well as what is technically and United States Environmental Protection economically feasible. In other words, unlike Agency (EPA) to set two levels for the MCLG, the MCL is not strictly based on contaminants in drinking water—the health considerations (U.S.EPA, 1999). MCLG and the MCL. MCLs and MCLGs have been The MCLG, or the "maximum established for a total of 96 contaminants, contaminant level goal," is set "...at a level 23 of which are pesticides (see Table A ). where no known or anticipated health risk Local water providers are required to test will occur and which allows an adequate for contaminants regulated under the margin of safety"(U.S. EPA). For some SDWA once every three years (OHD, 2000). contaminants, the MCLG is zero. However, If a pesticide is detected at a level higher 5 The Tap Gap:Pesticides in Oregon's Drinking Water Table A Federal Drinking Water Standards for Pesticides PotentialPesticide Active MCLG MCL Ingredient (mg/L) (mg/L) from of Water Alachlor zero 0.002 Eye,liver,kidney or spleen problems;anemia;cancer Atrazine 0.003 0 003 Gardiovascdlr syst:m`}problems, reproductive diffi"'ities E Carbofuran 0.04 0.04 Problems with blood or nervous system; reproductive difficulties. Chlordane zero 0.002 Liver or nervous system problems,increases cancer risk -. 2,4-D 0.07 0.07 Kidney,liver,adrenal gland problems Dalapon 0.2 0:2 Minor kidney changes f 1,2-Dibromo-3- zero 0.0002 Reproductive difficulties;cancer chloropropane (DBCP) Djnoseb 0.007 0.00TRe roducttve tlIIcultles Diquat 0.02 0.02 Cataracts �nilothall 0.1 0.1 Stomach,,ani! lntestl problems Endrin 0.002 0.002 Nervous system effects GI hos yp ate" 0.7 0 7 Klifiriey -oliem ,reprodirctwe diff dlties ., Heptachlor zero 0.0004 Liver damage;cancer Heptachlor epoxide sero 0.0002 Uuer'damage, cancer _._r- . . Hexachlorobenzene zero 0.001 Liver or kidney problems; reproductive difficulties;cancer Lindane 0.0002 0.0002 Liver or,k1 ne robiems Methoxychlor 0.04 0.04 Reproductive difficulties Oxamyl'(Vydate) 0.2 0.2 Slight nervous system,effects Pentachlorophenol zero 0.001 Liver or kidney problems;cancer Pcloram 0.5 0.5 Liver`problems, Simazine 0.004 0.004 Problems with blood Toxaphene zero 0.003 Kidney,liver;or thyroid problems;. cancer'; 2,4,5-TP (Silvex) 0.05 0.05 Liver problems Source:USEPA Primary Drinking Water Regulations 6 The Tap Gap: Pesticides in Oregon's Drinking Water than the federally established MCL, the Secondly, MCLS do not exist for the vast drinking water system is considered to be in majority of pesticides commonly used in violation and,must take steps.,to either Oregon, Water providers are required to remove the contaminant or seek use of an test drinking water for only, .23 of some 300 alternative water source. pesticide active ingredients used in Oregon, a mere 7':6% of the potential contaminants. Public water systems are required to test only for contaminants that have established A third gap in,protection is regulation of standards under the SDWA. While water pesticides individually, rafher than how they providers are. not required to test for any are typically found which is in mixtures. A other contaminants, they may choose to 1994 national report found, ..:a singie monitor_for contaminants if they are glass from the tap can contain up to nine believed to be present in the vicinity pesticides or metabolites" (EWG,,.199'5). of a drinking water source. Failure to address mixtures of chemicals in drinking water nay increase`human health In Oregon, the Oregon State Health risk's associated with,individual contamin- Division (OHD), has been given the ants. Dr. Warren Porter at the University of. authority to regulate public water systems Wisconsin is one of the scientists who has for compliance With:the SDWA. In '1981, explored this problem, and.he concludes: the Oregon StateLegislature passed the "-Evidence shows that-mixtures of common Oregon Drinking Water Quality Act. This pesticides—even at so called low concen- law maintains the same goals as the SDWA, tratioris in drinking water—are implicated and grants Oregon the authority to develop in damage to the nervous, immune, and standards for drinking water safety that hormone systems" (Porter, 1998). exceed those established by the federal Although the EPA has acknowledged this government. To date,, however, Oregon omission as a gap in drinking water has not developed standards more stringent protection, neither they not the state of than those set by EPA. Oregon has acted to adjust,the standard setting process' to account for mixtures. The. Emperor Has No CI®then: Gaps in Drinking Absence Forgotten Ones: The Water Protection Absence ®f rotection Unfortunately, the SDWA fails in several One of the largest problems for the ways to adequately protect the public from safety of the public's drinking water systems pesticide pollution. First, the enforceable is not who is regulated, but rather who is standards (MCLs), are not based solely on not. Nearly half a million Oregonians rely protecting human health; instead they are on private domestic wells which are not based in large.part on what is,technolog_ subject to federal or:state water system ically and economically feasible for a water standards (OH'D, 1998). Since they.are not system. This is especially problematic for subject to the SDWA, there is no routine vulnerable members of a population such as monitoring or testing of private wel s. ® the elderly, children, and individuals with Unless individual well owners voluntarily. immune-compromised conditions, who tend elect to monitor for pesticides, they have no to be more sensitive to the health effects information about or protection°from related to pesticides. pesticide contamination. 7 The Tap Gap:Pesticides in Oregon's Drinking Water Its �x U— on a power line, In response,the agency developed an herbicide program to better manage the trees in their.- power line corridors, Spraying in this area began in May of 1997. However, BPA failed to aaike into account that � the Sharkeys` spring was <adiacent to,and dov n hill from,the right of way corridor that was being sprayed. Once he learned p(� 1,ic,ides were sprayed �,a f near the spring Al grew concerned. He i contacted BPA imme(iiately, and learned the chemical that had been sprayed was garlon 4, I whose active ingredient is triclopyr, There is currently no drinking water sta„lard for either garlon 4 or its active ingredient Thei efore, 3 Al Sharkey adjacent to the Sharky spring there is no threshold by which to n ieasure a safe level of protection from the contaminant in One Family's a drinking water systc3n*i. After the spray, BPA claimed they had no knowledge a spring was Pesticide Plight nearby. Al was assured, however,that the technique they used viould not leach,and the Al Sharkey rone individual who decided chemical would degrade to harmless tcide contanr,n,ation of his familyy drinking a i,�>resig cohstituents within 41 days. wat 3r supply vias iai too ser+ua ; a problem to tic} uninon t'yr#.`d_ I'M is ai ,F-.?ri:my year-old n1an i Skeptical, Al decided to test the spring for S Who'se family c;orataminaticn, ha's owned a just to make j§..lar ire tF,F, This situation demonstrates the ease with which l a drinking water source, seemingly isolated from sure. I{e knew tifal'c f��°oc it Would be River Valley urban and agricultural practices, can become c,xl�ensive but since 1944 Unzi d contaminated. It also illustrates how pesticides, also knew that two years ago, not properly tracked, evaluated, or used, can the routine all the members pollute a pristine natural source. of the Sharkey tasting he dido } for E,coli and family were abla, bacteria to rely on their own ranch for ail their drinkingp i wouldn't reveal pesticide contamination, He water needs, and irrigation of lawn,garden and started taking sample; to a lab in Portland in shrubs. This spring has supplied the ranch with November of 1997. T he first results were good clean,fresh,drinking watc!r since 1925,when the news. Garlon 4 was ncat present in the spring, first water right was is;lie>ci. After the winter snow pack had r e;Led the i l That all changed in 1996. That year the fc;,l:awr�g spring, Al decided to run another Bonneville Power Administration (BPA) � water test. His family still relied on the spring as l experienced a power outage becati>e as t.scacx fell wattheir only drinking water source, and he granted ff The Tap Gap:Pesticides in Oregon's Drinking Water to be certain it was safe, Tests in March 1998 from their own land,the Sharkeys were forced detected garlon 4 at eight parts per billion. BPA to leave their spring for a new public source. confirmed the chemical's presence;the agency recommended the Sharkeys terminate use of the The Sharkeys decided to take the rnatter'to spring and seek an alternative source until a the Department of Environmental Quality, satisfactory filter system could be installed. DEQ's review and follow-up letter to BPA and While they waited for a filtration system, AI's Hood River County on July 14, 1999 confirmed sister hauled water from eight miles away. contamination at the site and indicated further action was required. Under DEQ's supervision At Al's insistence,the BPA tested the spring testing by BPA has been conducted and is again in lune 1998. Testing results showed the ongoing. Results of testing done in January 2000 spring was free of chemicals. The agency confirm both of these chemicals are still present conducted a follow up test in August of the in the water and soils of the area at various same year and confirmed the spring water was levels. This includes the Sharkey spring site,the l safe to drink and chemical free. The Sharkeys BPA corridor,and also another spring about resumed drinking from their spring. 300-400 yards uphill from the Sharkey land. This other spring, called "Rood Spring" comes right In February 1999,however,things took a out of the mountain on county laird and is a turn for the worse. BPA's follow up test found n head water tributary of Alder Creek (formerly garlon 4 and a new herbicide,tordon. Al's sister Baldwin Creek.) that runs into.the east fork of resumed hauling the family's water. Hood River. Water from these two springs also It turns out that Hood River County,on enters the main irrigation system of the East contract from BPA, had sprayed the corridor Fork Irrigation District,which provides irrigation twice in 1997 and six times frorn June- water for a great number of orchards and farm November 1998,with both garlon 4 and tordon. land in the Valley. The Sharkeys, at this time,are BPA and Hood River County never disclosed to still awaiting additional testing results and the the Sharkeys' their contractual relationship. The final decision of DEQ an the matter. Sharkeys only learned of the county's spray prograrn for the corridor when they went to This situation demonstrates the ease with the county and reviewed the spray records, which a drinking water source, seemingly trying to find out who had used tordon, when isolated from urban and agricultural practices, and where. The County blamed BPA and BPA can became contaminated. It. also illustrates, found fault with the County. how pesticides,not properly tracked,evaluated, or used,can pollute a pristine natural source, J-ioocl River County also awns timber land IThe Sharks ys, however,were cautious and adjacent to and above the Sharkey timber lar7d I (spring location) and the county has a very smart. Al,familiar with many of the toxic effects active chemical use program they follow in their of pesticides,took the matter of testing into his tirnber and road management. BPA agreed to no own hands. It cannot be assumed that we are all I longer spray the area involved, but the county as informed as Al Sharkey. Of the nearly refused to agree. Apparently,the Sharkeys were 500,000 Oregonians with unregulated water stuck with a contaminated spring. BPA hooked systems, how may have contaminated sources the Sharkey's up to Crystal Springs Water and simply do not know? Company, the closest public water system. After I sixty-four years of consuming pure spring water 9 The Tap Gap:Pesticides in Oregon's Drinking Water Truth at the Ta knowledge of pesticide contamination of Tap: drinking water supplies is incomplete. What's Really in In a number of Oregon's public water Oregon's Drinking systems pesticides have been detected. 9 Drinking water standards are in place for 12 Water of the 17 pesticides detected. Unregulated pesticides have been detected because water systems are required to monitor for certain Approximately 1210 water systems in pesticides that EPA identifies for future Oregon must test for pesticides once every regulation. The Oregon State Health three years (OHD, 1998). Until recently, Division's data indicates that none of the only minimal data about pesticides in water detected pesticides exceed the MCL (OHD, supplies were available. Even today, our 1999) Table B. Currently Registered Pesticides Detected in Public Water Systems in Oregon 1993-1999 Pesticide Number of Public Water Systems with a Pesticide Detection 13 2,4-D* 6 Atrazine* 5 Pentachlorophen I 5 Lindane* 3 Methyl bromide 3 Carbofuran* 3 Simazine* 3 1,3-Dichloropropene* 3 Cyanide Dalapon* 1 Methoxychlor' 1 3-Hydroxycarbofuran 1 Glyphosate* 1 Aldicarb Sulfoxide 1 Endothall*' 1 Metolachlor 1 Detections of banned pesticides and of common ingredients in pesticides that have multiple sources in the environment (e.g.,arsenic,xylene) are not included here *The government has established a drinking water standard for 12 of the 17 chemicals detected in Oregon's drinking water Source:Adapted from the active Public Water Systems and Chemical Hits. Summary provided by Oregon Health Division 10 The Tap Gap: Pesticides in Oregon's Drinking Water Pesticides in Surface Between 1991 and 1995, the United Water States Geological Survey (Anderson, 1997) conducted water quality research in Oregon's Thirty percent of Oregonians rely Willamette Basin. The USGS tested for 86 exclusively on surface water as their drinking pesticides, and found 50 in rivers and streams water source (Nelson, 1998). Because of the of the Willamette River Basin. The most connection between surface water and frequently detected pesticides were the groundwater, the quality of surface water is herbicides atrazine and simazine. In one critical for communities who rely on ground- sample each, the herbicides atrazine and sima- water for drinking as well (Abrams, 199 1). zine exceeded the MCL (Anderson, 1997). Two Oregon communities, Corvallis and Drinking water standards exist for only Adair Village, currently rely on the Willam- eight of the 50 pesticides the USGS ette River for drinking water. Downstream, detected in the Willamette Basin. Without a several other communities are considering drinking water standard there is no enforced building a water treatment plant to use the mechanism to protect human health. Willamette as a drinking water source. Pesticides without standards will most likely The data collected to date shows that the not be tested for by the municipal systems Willamette River is highly susceptible to responsible for drinking water delivery. contamination by a variety of pesticides. Table C. Summary of Pesticides Detected in the Willamette Basin Pesticide Percent Detections Pesticide Percent Detections Atrazine* 99 Bromacil 15 Desethylatrazine 93 Chlorpyrifos 14 Simazine* 85 Triallate 13 'Metolachlor 85 Carbaryl 13 Diuron 73 MCPA 10 Tebuthiuron 37 gamma-HCH* (Lindane) fi Pronamide 36 Pendimethalin 6.8 Prometon 35 Trifluralin 6 Metribuzin 31 Dieldrin 5.8 Diazinon 26 Dicamba 5 Triclopyr 23 p,p'-DDE 4.7 EPTC 22 Dimethoate 4.4 Ethoprop 22 Carbofuran* 4 2,4-D* 21 DCPA 4 Dichlobenil 21 Napropamide 4 Terbacil 16 Fonofos 3 *The government has established a drinking water standard for this chemical (continued on next page) 11 The Tap Gap:Pesticides in Oregon's Drinking Water LU I Table C. Summary of Pesticides Detected in the Willamette Basin (cont'd) Pesticide Percent Detections Pesticide Percent Detections Propachlor 3 Bromoxynil 1 Bentazon 3 Propanil 1 Azinphos-Methyl 1.8 Methiocarb 0.7 Cyanazine 1.8 Oxamyl* 0.7 Propargite 1.2 Butylate 0.6 Malathion 1 cis-Permethrin 0.6 Alachlor* 1 Linuron 0.6 Norflurazon 1 Pebulate '' 0.6 Dinoseb* 1 Source: Anderson,C.,Wood,T& Morace,J. USGS Survey of the Willamette Basin 1991-1995.Rinella,F.& Janet,M. USGS Seasonal and Spatial Variability of Nutrients and Pesticides in Streams of the Willamette Basin 1993-1995 The government has established a drinking water standard for this chemical Pesticides in Ground the United States Geological Survey Water (USGS) detected pesticides in one-third of the 70 wells tested (Hinkle, 1997). In total, Testing for pesticides in groundwater has drinking water standards have been been very limited. In fact, only one study of established for only 11 of the 24 pesticides pesticides in groundwater has been done in detected in Oregon's ground water (See Oregon in the last 10 years. In that study, table below). Table D. Pesticides Detected in Oregon's Groundwater government for only 11 of these 24 detected pesticides.Picloram* Fonofos Desethylatrazine Atrazine* Silvex* p,p' DDE Diuron Carbofuran* 2,4-Tetrachloroethylene* Propachlor MCPA Dieldrin Benzene* Simazine* Pentachlorophenol* EDB*i DCPA (Dacthal) Aldicarb* Propanil Metolachlor Dinoseb* zz$romacil Terbacil (DEQ,1999.Hinkle,1997.Petit,1987) 12 The Tap Gap:Pesticides in Oregon's Drinking Water Our Right to Know: necessarily pose a health risk and that Consumer Confidence more information is available from the Reports EPA toll-free hotline (OHD, 1996). It is the responsibility of the individual In the 1996 Amendments to the SDWA, public water system to summarize its Congress recognized that citizens have a specific information and communicate it to right to know about contamination of their its consumers. The Oregon State Health drinking water. As a result Consumer Division, who oversees this process, Confidence Reports (CCRs) are now estimates that in 1999, 82% of Oregon required from drinking water systems. water systems met this legal obligation. This CCRs are meant to provide specific means 18% of the community water systems information about where failed to make this a community's drinking _ information available to water comes from, what `' their customers. These kinds of contaminants people also have a right to are in that drinking know. water, and what preventative methods are Although CCRs are a necessary to improving good first step in its quality. Specifically, educating communities CCRs are required to about their drinking water provide the following quality, they do not go far information: enough. Consumers are given information only 1 Levels of detected about known threats to regulated their drinking water. As contaminants, their discussed earlier, this respective MCLGs and information is limited MCLs, and notices of because there are any violations; numerous pesticides for 1 Notice if the system is which no drinking water operating under a standard or testing exists. variance or exemption These pesticides may be and why; present in a community's water source unknown to 1 EPA definitions for MCLGs, MCLs, and the water supplier or the consumer. variances and exemptions; and the statement of health concerns for any Because CCRs do not require an analysis contaminant that has exceeded the MCL; of what makes water sources susceptible to 1 Levels of unregulated contaminants for contamination, it is safe to say CCRs which monitoring is required, including represent just a portion of the public's right radon and Cryptosporidium; to know. If the CCR is to be an effective right-to-know tool then they must tell the 1 A statement that the presence of whole story. contaminants in drinking water does not 13 The Tap Gap:Pesticides in Oregon's Drinking Water LU I ... . . _.__. _....... «.... _.._._. t a i Water. "Of course they say the treatment plant Citizens of will remove everything,but they are just looking � at a small number of pollutants that are kriown. Wilsonville have When you set up a system to remove a small number of knawns,you can pat. yourself on the a Right to Safe l back and'say you are doing a goon job. We [the Drin��C�n Water citizens] are looking at the big picture. t,Ne� vvt€€�it. 9 �//�Y to know they are getting everything out that's sr) I the river before that water reaches my kitchen y The lack of drinking water standards for sink. Right now,there are too marry unanswered l commonly applied pesticides is currently posing questions about the Wiliamt!tl e to safely say a real problem for one Oregon community. The that's going to be a reality." I l citizens of Wilsonville, Oregon have been fighting i-he peace of mind Scott and other construction of a watcr treatr ruent'plant on the (,)v(.,( tufo years. Wilsonville community members meed incltldc�s polluted Willamette River foi- The reason: ti�tr��r Willamette River is home to better information about all the pesticides in the pesticide residues€ rand slr=formed fish. Willamette. Currently, drinking water standards are in place for only eight of the 50 active While proponents of the Willamette optioningredients pesticides found in the river, This claim their high-tech f means 4 pesticides do e _ _,.� i " not have drinking water 1 treatment plant car,, �� E � . � . ;s acct: likely to change byt 1 f produce safe drinking i 1 standards,a sttisatian tfia water,opponents ;arig€ o I that given current . the time viisonviile's i ri?frsr rt)afiion this is crtirc ris begin drirakinrf frons the Willamette. l +rialii,t >ihl , f.;concerned rosidt,,nts in Wilsonville, 3tatl ratorzir"d, Citizens for Ri,gardless of how y --�TlAve ile 9q",aVf" Axa effective the water Safe Water,faxed the —Collected 8110 9 _- treatment plant may be in a doforstit.d pike minnow -Newberg PC,o f � i I fish found a atrearn from �� "-� removing identified l p< Skteletally deformed firs fownd in the Milain".tte Rs er's Pesticides,there is soca thc� prc.>pS o e id int ke Newberg Pool r g guarantee those pesticides ' r,'}ff n?f)iifleS the toxtc:ity e3i the0.illarrir-tte River, In '1994, the Oregon without drinking water- standards will be acccaunted for durinf the t:reatrnent process. Department of Environnientai Ouality found l 74% of the:juvenile pike minnows had skeletal Before this community is forciad to consume deformities.I fic'. cause of the deformities Is still Willamette River water,consun"rers have a richt unknown. to know what is in that water-,and whether their p health and their children's health will be, at risk. � i i "How can they say they can adequately l l remove all the pollution from the river for l drinking water when they don't even know � l what's snaking the fish sick?" questions Dolor-is Scott, founder of'tf`Jilsonville`, C.10.7rms for Safe � l i i i i 14 F 771 The Tap Gap:Pesticides in Oregon's Drinking Water An Ounce of technologies and limited options for alternative supplies. Prevention Drinking Water Protection Treating contaminated drinking water Programs: Source Water sources can be extremely expensive and may not remove all pesticides. In most cases, if a Assessment Plans water system detects a pesticide, it will seek an alternative drinking water source rather The 1996 Amendments to the federal than attempt to clean or treat the SDWA also embraced the importance of contaminated one. However, this option is drinking water protection through the establishment of source water assessment also expensive, and becoming increasingly difficult as Oregon plans (SWAPS). These plans help ensure grows and community develops. "Other states are talking to people about levels water systems that are higher than the MCLs (maximum have good For smaller contaminant levels). Here, (in Oregon) we information systems with aren't detecting anything in regulated systems about threats limited resources that exceeds the standards. We need to keep it local dr and options, a this way. drinking water p Yet,the agricultural sector is growing, quality. This contaminated and population is increasing. We need to keep information drinking water something from happening here that is can help system can create happening in other arts of the countr serious, even pp g p y' �� communities serious, eve Pollution prevention is the best way to do this. focus on unrespollution problems. The —David Leland, prevention. most intelligent and cost effective Director, Drinking Water Department way for Oregon to Oregon State Health Division The keep pesticides out implementation of drinking water plans for SWAPs are developed in three supplies is to prevent them from source pphases. First, water entering supplies in the first place. the state identifies the watershed or recharge area for a drinking water source, Pollution prevention is the most cost- both surface water and groundwater, and effective approach to keeping pesticides out delineates the hydrology of that area. This of drinking water because the focus is on area is the vicinity intended for protection. stopping the pollution from reaching the In the second phase, the state conducts an water source in the first place. Prevention inventory of all potential sources of strategies emphasize practices that reduce or contamination. The final stage requires an even eliminate the leaching of pesticides analysis of how sensitive the water source is, into groundwater sources and protect given information on its hydrology and streams from runoff. These practices are potential sources of contamination. particularly helpful to communities with limited resources for expensive treatment 15 The Tap Gap:Pesticides in Oregon's Drinking Water l In Oregon, SWAPs are done by the who rely on groundwater for drinking are Oregon Health Division and the Oregon not receiving the full range of protection Department of Environmental Quality. benefits (Sure, 1998). These agencies must complete all phases of the plans by the year 2003. Once the Under the GWPA, no contamination of agencies have finished their work, a our groundwater is acceptable, and community water system can opt to programs to prevent degradation are to be implement the protection plans. SWAPs established. This is in contrast to the more determine the drinking water systems' typical standards-driven approach, which susceptibility to contamination and allows a certain amount of pollution and communities can use them to reduce the prompts no action until those levels are risk of future drinking water sources. exceeded. Maximum Measurable Levels However, because community water systems (MML) set under the GWPA are not meant must put the plans to use with their own to serve as acceptable levels of pollution, resources, smaller water systems may lack but rather as early triggers for particular the funding necessary to benefit from the community-based actions to prevent further information SWAPs provide (Nelson, 1998). contamination (DEQ, 1999). The Act outlines two responses to Oregon's Groundwater groundwater quality, depending on the Protection Act degree of degradation. Whenever contamination is detected, an "area of In 1985 and 1986, the DEQ found groundwater concern" is supposed to be extensive groundwater contamination in declared, and local, voluntary efforts several rural areas of Eastern Oregon. In initiated. A "groundwater management response, the Legislature enacted the area" is declared whenever contamination Oregon Groundwater Protection Act exceeds 70% of the MML for nitrates or (GWPA) in 1989 to "prevent contamination 50% of the MML for other contaminants. of Oregon's groundwater resource while In addition, the Act encourages public striving to conserve and restore this participation at a number of points in the resource for present and future uses." The process, including in the development of Act focuses on addressing contamination local action plans. Preventative strategies from non-point source pollution, such as include identifying pollution threats; urban and agricultural runoff. What makes recommending alternative practices, this law notable is its emphasis on pollution conducting education programs, and prevention and community involvement monitoring wells. The focus on prevention (ORS. 468.698). makes sense because it can take anywhere from a few hours to decades for pesticides Unfortunately, the Ground Water to enter an aquifer after an application. Protection Act has failed to protect Furthermore, once groundwater is Oregon's groundwater from contamination. contaminated it is extremely difficult and DEQ has not been given adequate resources expensive to clean up (ORS. 468. 698). to fully implement the program, which requires extensive ground water mapping and testing. Consequently, communities 16 The Tap Gap:Pesticides in Oregon's Drinking Water Bottled Water available. Some bottled water is certified by independent testing groups whose standards and Home Filter meet or even exceed those required for municipal drinking water. For more information, Systems: No consumers can contact the International Bottled Water Association (800-928-3711) or the NSF Escape? International (800-673-8010;www.nsf.or-Q) Many Oregonians have tried to address their concerns about drinking water safety by buying bottled water or home filtration systems. In fact, more than half Of Americans drink bottled water. Annual sales have tripled over the past 10 years to about $4 billion today. Bottled water doesn't come cheap,either: Consumers can spend from 240 to 10,000 tirnes more per gallon for bottled water than they typically do for tap water, (NRDC, 2000). Unfortunately, bottled water is not necessarily safer than water from the tap. No one should assume that just because water is purchased in a bottle it is safer or healthier than water from the tap. In fact,one fourth of bottled water, is bottled tap water and there are significant regulatory gaps,which exempt many categories of bottled water from health and safety regulations. I-lome filtration systems, are no guarantee either: most of these are of questionable value inaddressing pesticide contamination. Consumers must make educated decisions on choosing between bottled water and their tap water. First,they can read their consumer " n confidence report to learn how safe tap water is. For more information about tap water safety, consumers can contact their local water department or the FPA Safe Drinking Water � " Hotline at (800-426-4791;www.epa.govf- safewater). Information on bottled water is also 17 The Tap Gap:Pesticides in Oregon's Drinking Water Knowledge is Department of Agriculture (ODA) must develop a comprehensive system to collect Power: How a and organize information on all categories of pesticide use, including a mechanism to Pesticide Tracking identify and track household uses of pesticides. House Bill 3602 also gives ODA the authority System will to collect information on retail sales. y Government agencies and businesses—such as HelClose the exterminators and farmers—will report p information about what pesticides they use, "Tap Gap" Where, when and in what amounts. Currently, public drinking water systems face challenges in providing clean, safe The widespread use of pesticides pollutes drinking water to the public because Oregon our waters and threatens public health. As of has no system in place to track pesticide use. today, Oregon has no reliable information on Without a thorough assessment of where which pesticides are used, where, when, and pesticides are applied, public drinking water in what amounts. With the passage of House providers cannot assess a water system's Bill 3602, Oregon is taking its first steps to susceptibility to pesticide contamination. This collect data on information is pesticide use. particularly Without a thorough assessment of where important Over the past pesticides are applied, public drinking water because the two years, the providers cannot assess a water system's laws to protect Northwest Coalition susceptibility to pesticide contamination. the public's for Alternatives to drinking water Pesticides (NCAP), supplies the Oregon State Public Interest Research contain gaps and loopholes. Routine testing Group (OSPIRG), and the Oregon and monitoring is conducted for only a Environmental Council (OEC), have waged handful of the hundreds of pesticides applied a successful campaign to establish a system in Oregon, each year. to track pesticide use in our state. To date, over 70 organizations have supported In large public water systems, Oregon's tracking pesticide use. These Oregon groups drinking water regulations do a good job of represent drinking water providers, health protecting public health from water-borne professionals, labor, children's interests, and diseases and certain other pollutants. When it conservationists, among others. As a result comes to pesticides, however, there are major of this broad coalition and strong public gaps in protection, and small systems and pressure, the 1999 Legislature passed a bill domestic well users like the Sharkey family, requiring reporting of pesticide use. are virtually defenseless. These chemicals are diverse, widely used, and poorly tested. As On September 1, 1999 Governor John these pesticides have increased in use over Kitzhaber signed Oregon's new pesticide the past several decades, our drinking water tracking law, "to ensure public health and protections have failed to keep pace. safety and to protect Oregon's water and environment." As a result, the Oregon Such large gaps in detection, monitoring, and regulation of pesticides are undermining 18 The Tap Gap:Pesticides in Oregon's Drinking Water Oregonians' access to clean, safe drinking information about pesticide use is necessary water, their confidence in the water supply, to better protect the public from contamina- and their health. These gaps in protection tion. Specifically, the EPA found available make it impossible to be certain just how data incomplete to demonstrate a strong widespread and severe pesticide contamina- association between use and detection. As tion has become. Nevertheless, the evidence concluded by EPA, the remedy to this prob- clearly shows there are serious problems lem is the collection of site-specific data on around the state. pesticide use. "Site-specific data on pesticide use and ground-water sensitivity should be Many water systems violations are for a obtained... Detailed, publicly accessible, data failure to monitor. Without proper monitor- on actual pesticide use should include non- ing, the public is inadequately protected. If a farm as well as farm pesticides, and data water system fails to monitor and test a water should also be gathered on both farm and source, there is no effective means by which to non-farm fertilizer use" (USEPA, 1992). measure the level of pesticide contamination within that system. Without the information A statewide pesticide tracking system about contaminants in drinking water, water will also enhance the pollution prevention providers are unable to adequately protect the benefits of SWAPS. A tracking system will public. complement the inventories of other contaminants Arguably, the that state largest barrier to "Detailed, publicly accessible, data on actual agencies are properly scheduled pesticide use should include non-farm as well as currently testing is cost. The farm pesticides,and data should also be conducting, current testing meth- gathered on both farm and non-farm fertilizer producing odology is inefficient use" (USEPA, 1992). more complete because a water data. A state system may spend wide tracking money testing for pesticides that aren't even system can free up state resources used for used in the community or conversely, may contamination inventory and use those fail to test for pesticides that are widely used. resources to provide technical assistance to It can be very expensive to test for many smaller communities. An assessment of poten- different types of chemicals. This can add up tial contaminants under the SWAPS will pro- to a large financial burden for a water system. vide smaller and private systems with an important source of information about pesti- If apublic water system is equipped with cide contamination around their water systems. information about pesticide use in their area, the system could effectively tailor monitoring In general, pesticide use data will help and testing techniques to target those pesti- drinking water providers to more effectively cides that legitimately pose a threat. Such protect drinking water systems, target information could save water systems money resources, and alert water providers to poten- and increase accuracy of chemical testing. tial sources of contamination and inform sys- tems if a water source is unsafe to drink. In In 1988, for example, the EPA conducted the long run, a pesticide tracking system will a nationwide study to determine the extent provide the information drinking water of groundwater contamination in the United providers need to prevent pesticide contami- States. The agency concluded that more nation of water systems, in the first place. 19 The Tap Gap:Pesticides in Oregon's Drinking Water I Closing the Gap- contamination by pesticides and other chemicals. However, the Legislature has not Recommendations provided adequate funding to implement the law, and DEQ has been unable to effectively carry out its mandate. The Pesticides are present in Oregon's Legislature should provide an estimated one drinking water systems, although, as of yet, million dollars to implement the program. the extent to which pesticides pose a threat to human health through drinking water is not fully understood. There are numerous 3. Increase Protection for Small flaws in the laws designed to protect the Systems and Wells public's drinking water systems; public protection efforts do not go far enough. The most vulnerable targets of pesticide pollution in drinking water systems are Oregon needs to take the following small, private systems. To be most useful to steps to protect our drinking water from affected communities, drinking water pesticide contamination: protection plans should be developed in conjunction with county land use planning efforts. Resources should be made available 1. Effectively implement to counties to include drinking water • . . protection programs in these efforts. Oregon's 1999 Legislature passed House Bill 3602, a law that should provide 4. Strengthen Drinking Water Protection critical data about pesticide use to the public and drinking water providers, state wide. As the Oregon Department of Public water systems spend more money Agriculture implements this law, it must on system upgrades and treatment than they ensure that drinking water providers, do on pollution prevention. Funding for individual well owners, and the public at greater drinking water protection must be a large have easy access to detailed site- priority for state and local governments. specific information about pesticide use More of Oregon's tax dollars should be around their drinking water sources. Such directed towards pollution prevention information should be comprehensive, programs, public outreach, and human covering all categories of pesticide use, health assessments for toxic substances, like including that by households. pesticides. Small community water systems and private well owners must also have greater access to resources for these efforts. 2. Fully Fund and Implement Funding invested in sourcewater protection • . . and information and education about Protection Act pesticides and drinking water can begin to fill in the voids that limit Oregonians' Passed in 1989, Oregon's Ground Water protection today. Protection Act is a well-balanced law that could go a long way toward protecting our underground water supplies from 20 IT71 III! The Tap Gap:Pesticides in Oregon's Drinking Water REFERENCE Oregon Revised Statutes (ORS). 468.698. Oregon Groundwater Protection Act. Oregon Revised Statutes (ORS). 634.006. Section Abrams, Robert H. et al., 1991. Legal Control of (h). Oregon Department of Agriculture. Water Resources Cases and Materials, Second Edition, American Casebook Series, West Publishing Oregon Health Division. Pipeline. Volume 11. Issue Company, St. Paul, MN. 3. Spring/Fall 1996. Anderson, C.W.et al., 1997. Distribution of dissolved Oregon Health Division. Pipeline. Volume 13. Issue pesticides and other water quality constituents in 5. Special Edition, Fall 1998. small streams, and their relations to land use, in the Oregon Health Division. Pipeline. Volume 15. Issue Willamette River Basin, Oregon: United States 2. Spring 2000. Geological Survey, Water-Resources Investigation Report 97-4268, Portland, OR. Oregon Health Division, 1999. Adaptation:Active Boon, et al., 1998. Water Quality in the Willamette Public Water Systems and Chemical Hits. Basin, Oregon 1991-1995. United States Geological Porter K., et al., 1998. Natural Resources Cornell Survey, Portland, OR. Cooperative Connection "Pesticides: Health Effects in Drinking Water." See http://pmep.cce.cornell.- Colborn, Theo, et al., 1997. "Our Stolen Future." edu/facts-slides-self/facts/pes-beef-grw85.htm1. Penguin Books, New York, NY. Porter, W.P. et al., 1993. Groundwater Pesticides: EWG (Environmental Working Group), 1995. "Weed Interactive effects of low concentrations of Killers by the Glass." See http://www.ewg.org/- carbamates, aldicarb, and methomyl and the triazine archives/s/archive-water.html. metribuzin on thyroxine and somatotropin and Eure, Rob. October 28,1998. Agency Fails to Inspect somatotropin levels in white rats. Journal of Toxicology Well Water. The Wall Street Journal. and Environmental Handbook. 40:15-34. Hinkle, Stephen R., 1997. Quality of Shallow Scott, Deloris. Personal Communication. June 2000. Ground Water in Alluvial Aquifers of the Willamette Sharkey, Al. Personal Communication. February- Basin, Oregon, 1993-1995. U.S. Geological Survey, March 2000. Water-Resources Investigations Report 97-0842-B, Portland, OR. Trautmann, Nancy M., et al., 1990. "Pesticide Management for Water Quality" Department of Soil, Kegley, Susan, Ph.D., 2000. Hooked on Poisons; Crop, and Atmospheric Sciences, Cornell University. Pesticide Use in California 1991-1998. San Francisco, California, Californians for Pesticide Reform. U.S. Environmental Protection Agency, Office of Water. Fall 1990. National Pesticide Survey Project Kirby, Chris. February 2000. Personal Summary: Pesticides and Toxic Substances, Phase I Communication. Report. LCVEF (League of Conservation Voters Education U.S. Environmental Protection Agency, Office of Fund). Poll released October 4, 1999. Water. January 1992. National Pesticide Survey: Nelson, Dennis, et al., 1999. "Drinking Water Office of Pesticides and Toxic Substances, Phase II Protection Program Source Water Assessments in Report. Oregon." Oregon Department of Environmental U.S. Environmental Protection Agency, Office of Quality and Oregon State Health Division. Ground Water and Drinking Water Programs. NRDC (National Resources Defense Council), National Primary Drinking Water Regulations. 2000. "Bottled Water: Pure Drink or Pure Hype?" See http://www.epa.gov/safewater/mcl.htm. See http://www.nrdc.org/water/drinking/nbw.asp. U.S. Environmental Protection Agency, Office of Oregon Department of Environmental Quality. Water Pesticide Programs List of Chimicals Evaluated for Quality Division 1999. Report to the Legislative Carcinogenic Potential. August 1999. Assembly: Groundwater Quality Protection in Oregon. Portland, OR. 21 For more information. . . about the right to know about pesticide use, children's health and alternatives to pesticides, contact: The Northwest Coalition for Alternatives to Pesticides P.O. Box 1393 Eugene, OR 97440-1393 (541) 344-5044; fax (541) 344-6923 www.efn.org/—ncap The Oregon Environmental Council 520 SW 6th Ave., Suite 940 Portland OR 97204 (503) 222-1963; fax (503) 222-1405 www.orcouncil.org OSPIRG Foundation 1536 SE 11 th Ave Portland, OR 97214 (503) 231-4181; fax (503) 231-4007 www.pirg.org/ospirg Especially for Kids series TODAY'S The 16th annual series for ages 4 to 10 will continue at 2 p.m-today with a performance by BESTRattling Thunder.The Native American ensemble will share culture,drumming,dance,stories and humor of the Dakota Sioux.The programs are held every Wednesday through Aug.16 on BETthe bandstand,Blue Lake Park,between Marine Drive and Sandy Boulevard,off Northeast 223rd Z d Avenue in Fairview.The program is free with regular park admission of S3 a car,S6 for buses. = 0`\VV%4 ZAIIX A A/A t O)vl, i Portlandplans to twellsop n � W.- ,. to meet sununer water need and water districts in the metro- The normal simmer use for the - ' The bureau will create a 20 politan area, including Gresham, Bull Run customer base is roughly --. _ Tigard and Tualatin, said Ross 165 million gallons a day, Walker . $ percent well to 80 percent Walker,a bureauspokeswoman.In said.Current use is about 180 mil- Bull Run mix, which is not recent years,Portlanofficials have lion to 185 million gallons a day. asked customers to limit the The plan calls for using the 20 ected to affect the taste amount the use dune the hot y g percent-80 percent blend through summer months to help avoid Aug. 28, when Portland officials By DAVID AUSTIN THE oRecoNinrr shortages. will re-evaluate the water supply Anticipating that hot weather June approval for supply plan status. will stick around into the fall, offi- But under the new summer sup- Wells tapped in 1996 cials with Portland's Water Bureau ply plan approved in June,officials Surveying will start mixing its pristine Bull can go to the wells in anticipation The city last tapped the wells to Run reservoir water with supplies of the possibility of a shortage. stretch the summer supply during x dirty work from its backup wells today. Bull Run, which includes two a string of hot days in 1996. But reservoirs near Mount Hood,hoids with growth in areas that are part `, of vandals The move is part of Portland's some of the cleanest, best-tasting of the Bull Run customer base,tap- a' r summer supply plan, which calls ping wells might become a regular Ron Este y,project water in the nation. for blending 20 percent well water practice. jsuperintendent for with 80 percent from the reservoir. Walker said the blend from the�, Brownstone Homes wells won't affect the taste of thele` According to Walker, all the T l v Next week the bureau will draw . at Gresham Place, down 30 million gallons of water a water. :water in the city's well system that i g � oes to customers meets federal � ® examines the water da from another source, Bull Run Most people won't nonce drat - -�`"� s ' damage in the y there's a change,"she said."If yo :_safety standards for drinking water. Lake,to helprefresh the city's sup- } ;t basement garage p Bu[bureau officials decided not to �.. have a sensitive palate, you rrugh -`- �` .r caused by vandals Ply. taste a slight variation.But it won I}use two wells that have been found who plugged the "These are basically routine op- be noticeable." o have traces of solvent contami- _ - j drains and opened erations, given our weather this She said bureau officials aren't -,nation nearby. - the faucets in a summer," said Michael Rosen- making a rash decision to use the k "These wells won't be used," berger, the bureau administrator. g nearly completed, wells. Walker said. "They have been a three-story row "We aren't in a crisis.We don't ex j s - y pect a shortage. "We're simply looking at what'`:pushed down to the bottom of the f+ house.The vandals the weather forecast is saying," 'Jist of possibilities." ,,, did an estimated "Since we can't predict when the Walker said. "The 90-day forecast '�' '- - $20,000 damage, rain returns, we need to managetold us that we needed to start which will take a our resources to make sure the evaluating our supply. The hot You can reach David Austin b :a i Y r �'"*� =; �..�, �;-. .. month to repair. = water lasts as long as summer." weather looks like it will go phone at 503-294-5910 or by e _ ,u Portland's system supplies through the month of August and mail at dauidaustin@news.orego- ROBERT BACH ..t?� roughly half a dozen municipalities probably into September." nian.com. THE OREGONIAN METRO AREA ROUNDUP Anthony "Anton" Luis Calde- were auctioned off in February. help of the city attorney's office TROUTDALE crossed Fourth Plain at Rossiter H I L L S B O R O ron of Lake Oswego will face a The 12-store Kienow's chain was and modeled after one used by [.ane in a crosswalk lit with warn- Dec. 5 trail on 10 counts of sold for $54 million to Western Clackamas County Fire District 1 Ma or wins Cadillac raffled Ing lights, police stopped vehicles second-degree sexual abuse. He Properties Trust of Emeryville, since April 1998. y that failed to yield to the pedestri- Tri-Met closing 4 MAX stops is accused of assaulting a 16-year- Calif., to settle the estate of Presi by Troutdale Boosters Club an. old girl 10 times at the Oregon dent Juan Young, who died in Since the policy was adopted, Other drivers received tickets for new switches on weekend g g' Trout Clackamas County has received The dale Booster Club Gymnastics Academy in Beaver- 1997. on accusations of speeding,, not Tri-Met will close four down- ton and at his condominium in no disability claims stemming raffled an off-white, '63 Cadillac wearing a seat belt and license vi- town Hillsboro MAX light-rail sta- 1994 and 1995. from basketball injuries, said Da- convertible during the weekend olations,police said. tions this weekend and shuttle Calderon, free on $40,000 bail vid Ward, loss control consultant .to the mayor. PORTLAND for SAIF, the county's workers' Metro Councilor, Rod Park City planners work on code passengers with buses. after being arrested in May, can " ., Update on Contract Negotiations Intergovernmental Water Board Presented by Paul L.Matthews Integrated Utilities Group,Inc. September 13,2000 `' Tonight's Agenda . Financial impacts of contract . Progress of negotiations . Outstanding issues . Next steps 2 „Tigard's Wholesale Rates 51.22 51.14 $1.06 $0.98 V $0.90 $0.62 50.74 $0.66 f0.58 f0.50 1995 1998 19-9-7- 1 1999 2000 2001 2002 —SrCCF $0.59 $1.23 1$0.88 $0.76 1$0.65 1 51.23 $0.81 50.85 Fiscal Year 3 j Update on Contract Negotiations 1 F Projected Expenditures 2.50 14.0« 2.00 12.0 0 10.0 f U 1.59 Rib per CCF 9 9 _ a 1.00 9.0 U 4.0 z i 0.50 2.0 'c n 0 1 0.0 1999 2004 2009 2014 2019 2024 Fiscal Year Total Can wt Cost Appmli ,biy 2132.69 M911- 4 Cost of Water Contracts 600 500 8 400 S 700 3 200 100 0 s ,Tigard Specific Issues MqW M Diversity of source of supply . Lake Oswego . Joint Water Commission . Wells,ASR,etc Others . Allocation of growth-related costs . Reliability/redundancy 1 6 Update on Contract Negotiations 2 Uplate of Process • Bureau has bifurcated process Institutional Financial • General acceptance by our Group that bifurcated process will slow down process • Issues are fully identified • Awaiting Straw Man Contrail Qssue Refinement Process ARM Work group refined list of relevant contract issues Identified each issue as easy or hard . 14 easy,19 hard,and 3 easy/hard Grouped issues into 7 subject areas: . CIP . Cost of service Financial arrangements Financial management <' Operations . Ownership . Other interesting items 8 Issues Identified Alternative service levels Exit terms Benchmarking;Performance Extension of service measures Financial management Certainty of payment Future supply development Certainty of supply Growth impact CIP planning Impact of merging entities Common reporting schemes Long term purveyors buy in Conservation vs.Short term customers Contract period of Mechanisms to address agreement funding replacement of Curtailment assets Depreciation Methods of financing bull run improvements 9 Update on Contract Negotiations 3 . Issues Identified (cont.) i Minimum purchase Research rate making Old water/new water pricing examples from other utilities 0&M cost Technical/operational Ownership advantages Peak use pricing Transmission and mixing of Political homework water from other sources Portland wheeling other Valuation of rate base sources of supply to Uniformity in customer customers classes Rate of return Wheeling to non-contract Regulator risk customers Reliability/redundancy io Areas Needing Attention Political reality of the water Bureau First white paper deals with -� general framework Force the issues before detailed analysis/negotiations Process can prevent solution Bureau can be process bound Bureau desires multi-lateral negotiations `- Future long-term water supply Financial and cost-of-service modeling it Keys to Successful Negotiations . Stay focused on contract issues . Optimize regional solutions . Cost-effective production of water . Work on the key issues . Avoid divide and conquer . Avoid monopoly water suppliers--pursue alternative sources of water . Be realistic a Update on Contract Negotiations 4 PLEASE REGISTER DATE: S-PTEMBER 13, 2000 MEETING: rntprgovernmental Water Board Meeting NAME, - (Please Print) (Do You wish to speak?) Yes or No katllv\\visitor