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10/14/1987 - Packet CITY OF TIGARD UTILITIES AND FRANCHISE COMMITTEE MEETING AGENDA Tigard City Hall — Town Hall Conference Room Members : BENZ JAC0BS MoREYN0LDS GEORGE MIS0VETZ IRWIN BARRETT ____. 1 . Call to Order and Roll Call . 2. Minutes of September 16, 1987 Meeting. 3 . Tualatin River- , iver. John Acker, Assistant Planner 4. Franchises . 5. PNB Recommendation. 6. Other Business . 7. Adjournment. br/1256D � 4400- MEMORANDUM CITY OF TIGARD, OREGON TO: Utility and Franchise Committee October O' 1987 FROM: Wayne Lowry, Finance Direotor, SUBJECT: Franchise Agreements. As discussed at our last meeting and at the recent council study session, the committee has been assigned the responsibility to examine the current Franchise Hgreemuntx with the various utilities in the City and make specific recommendations to Council an the committee determines necessary . You have been given copies of the City' s Franchise Agreements. The following is a summary of the important aspects of each of the current agreements : RENEGOTIABLE/ AUTO AUDIT PAYMENT D�E T�M DATE RATE CLAUSE 0E PNB 8/73 20 YRS YES 8/83 0 M0. 2% N0 N0 4/1 GTE 3/82 10 YRS NO 8/83 — 3% YES N0 3/15 NNG 5/82 10 YRS YES 5/87 — 3% NO YES 1/2 Cal , YR. PGE 10/72 20 YRS YES 10/82 — 3 1/2% YES NU 3/15 As discussed at our previous meeting, PNB has exercised its right to cancel the ordinance and has effectively reopened the agreement to negotiation. In talking with the City of Eugene, they allowed the exclusion of "competitive services" but raised the rate from 3% to 5%. An interesting observation is that both the GTE and PGE agreements stipulate that if the utility negotiates a higher rate with any City in Oregon in a negotiated franchise, that higher rate shall become payable to Tigard thereafter. In contacting other cities in Oregon, I found that the City of Portland charges PNB' CTE, and P(3E all 5% of their gross revenues . The City of Portland does not have a franchise with these utilities but charges them based upon their right established by ORS 221 . 450. All of the above mentioned franchises appear to be open to renegotiation at the direction of City Council. Three of the four 6o not provide for the City' s inspection of the utility' s financial records and payments to the City are payable annually or semi. annually. If the committee chooses to recommend that these franchises be renegotiated, in addition to rates, payment schedules and audit clauses should also be examined. ia/1255D July 8, 1987 James Blake (YOFTIOARD King City Lions Club 12750 SW Prince Albert King City, OR 97224 OREGON 25 Years of Service RE: Newspaper Recycling 1961-1986 Dear Mr. Blake: Thank you for your response regarding the clarification of newspaper recycling responsibilities within the Summerfield community. This letter, when signed by you, represents an agreement between the King City Lions Club, City of Tigard, and Schmidt's Sanitary Service, Inc. , relating to recycling services pursuant to the City's franchise agreement with Schmidt's Sanitary Service. The residences to receive regular newspaper recycling service at least once per month by the King City Lions Club are shown by the shaded area on the attached address map (Exhibit "A"). The following conditions shall apply to this agreement: 1. Schmidt's Sanitary Service, Inc. , shall continue to collect all other recyclable materials a minimum of once per month. 2. Outside of the area noted on Exhibit "A" all regularly scheduled recycling services, including newspaper, shall continue to be provided exclusively by Schmidt's Sanitary Service, Inc. y- &iefts 1--lob ash-all ee"elntte to be permitte r 4. King City Lions Club shall notify the City of Tigard 30 daysi prior to discontinuing regular recycling service. 5. The service area shown on Exhibit "A" shall not be expanded without written authorization from the City of Tigard. Please sign both copies of this letter and return one copy to my office. Thank you again for your cooperation in this matter. Sincerely, Rob W. Jean Cit dministrator ames Blake _ /King City Lions Club cn/1953W cc: Larry Schmidt 13125 SW Hall Blvd.,P.O. 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Chang Dee trails after his favorite playmate,Sung Surin. Y1. AlmoBulk rate U.S.Postage PAID ,5 fint Awnue Portland,OR OR 01 t-tom Permit No. 1912 'I M&13po t Service Di trwtWAS xted by y ,int 1978 tii handle innal concem-ittibe-Arban areas ttf � i l t tic= W, d-W tiff ties. iste orisible for solid- �raste di Me of the ,'aAingt t Park Zwtransportation lsnntng„technical services to local ti nts and-the-Oregon �Cclnveatim Center: Utailors by district are: istrit t l MilRages ale .., Now 2 Ri6ard Waker FRANK -tiffMI-E "'District 3 Tint PUB--W" DIR CITY-f� OF-TICARD a et� +Curry ;�triek T]► t'iet� T Wait ; P O BOX 23397 T i GAR D OR 97223 ,t• a r;; _ istxict z e Van Be x :District fi Sharon'District-1-91 lft Bogner District 9 Tanya-Collier- Mtn ColliMtn 14 Larry CooperOUR BIGGEST WASTE district 11 David Knowles PROBLEM 43i :12 Gary Hansen Executive+ofrxer RIGHT IN YOUR OWN BACKYARD. l ena Cusma Convention center pdate: Committee looks proposals funding package complete, to use money from surcharge design to include art work on North Portland enhancement What's the best way to spend$40,000 to Applicants were required to provide Oro ew enhance North Portland? information about the organizations/ individuals requesting funds,a brief 1etro News is 9ttY�Y Answering that question is the task being description of the proposed project and tha metropolitart Service District. undertaken by the North Portland Rehabili- list of matched funds,if any. ` Vickie Backer tation and Enhancement Committee. Projects were required to address 1Vfattsan r_ Twenty-one community organizations any of the following: 4' 'otographer, thy Thojr xs St.Johns � I II i submitted 23 proposals for funding.TheDm- Kennon x committee pared the selection to nine increase employment/economic p _ y�r;,i+ I� Portsmouth finalists: opportunities . etro.t$' Q at' SW 1'1rst AvPr., ersfty Park �� Univ North Portland Youth Center—employArbor Lodge • rehabilitate and upgrade residential F.. = disadvantaged youths to help elderly housing d t�� 1t:4 with yard maintenance. overlook 1 1�• _ z preserve or enhance existing wildlife and • St.Johns Review—publish"The Penin- — marine areas sula and Its Promise,"a 12-page tabloid $ a ..; .. promoting North Portland. improve or increase recreational areas wears The boundary of the North Portland • Audubon Society of Portland—design enhancement area is between the Willam- improve safety in the area wa 'pz'ttl�aa€ir i right Sweeping curved entrance and twin glass towers enliven the design of the and print signs and brochures for Smith ette and Columbia rivers and Interstate 5 , '&::ThOVs lhi� Oregon Convention Center. Facility features 150,000 square feet of flexible and Bybee lakes and surrounding prop- to Interstate 405. Neighborhoods include • improve the appearance or cleanliness i .fir$ y�debt exhibit space,a large ballroom and several meeting rooms. Architects are ertY• St.Johns,Portsmouth,University Park, of the area Zimmer Gunsul Frasca Partnership of Portland. Strode Eckert Photographic. Kenton,Arbor Lodge and Overlook. lip in' imity, Kenton Neighborhood Association— significantly increase the use or Ift—e-WIV fes, clean up and maintain land near the occupancy of a commercial area With funding assured,the Oregon Convert- A triangular plaza faces the Northeast Columbia Slough that was an illegal tion Center is moving ahead toward the next Union/Holladay intersection. Landscaping landfill and is expected to be transferred American Red Cross,Oregon Trail aid residents,non-profit corporations and phases. Design,public art and marketing around the plaza screens the building from to the city by Simpson Lumber Co. chapter—provide a no-cost program for small businesses as defined by the Small "latch-key"children home alone after Business Administration are at the top of the agenda. traffic and provides an attractive entrance • North Portland Citizens Committee, school. for convention delegates. The plaza can be Neighbors North—coordinate five result in programs such as training Design update— Since beginning work in used for public events or reserved for private neighborhood cleanup days during the The money comes from a 50-cent-per-ton opportunities to benefit youth and elderly. March 1987,Portland architects Zimmer convention functions. Gunsul Frasca have incorporated ideas from next nine months. surcharge on disposal of garbage at the St. eight public design forums. During that Inside the facility,two lobbies are provided Johns Landfill.The fund was established in Metro Councilor Gary Hansen heads the time,design progressed from conceptual for multiple use outside the exhibit areas. The Peninsula Senior Center—fund 1985 by the state Legislature to provide committee,which consists of Pamela Arden, ideas to detailed drawings. Five exhibit halls,totaling 150,000 square activities for the elderly. rehabilitation and enhancement of the area Nick DeNicola,John Fisher,Brian Jeanotte, feet, are designed to open onto the lobbies. in and around the landfill.By the time the Linda Krugel and Steve Roso.All are North Shaping 490,000 square feet into flexible Facing the exhibit area,29,000 square feet River East Progress,Inc.—identify and landfill closes in 1991,the fund is expected Portland residents. space,the design features five adjoining of meeting rooms are arranged in three help small businesses in North Portland to total$1.5 million. exhibit halls,up to 28 meeting rooms and a clusters,each with an entrance corridor. that are interested in expanding and By mid-October,the committee will recom- 25,000-square-foot ballroom on three creating more jobs. The estimated annual income from the mend projects for funding;Metro,which is separate levels. Food service,mechanical On the upper level,the ceremonial ballroom surcharge is expected to be$300,000 but the responsible for collecting the surcharge at equipment,storage and support facilities provides 25,000 square feet of flexible space Columbia Boys and Girls Club— employ committee has voted to spend only the the landfill,will approve the projects.Funds occupy the remainder of the building. that can be used for plenary sessions, youth to clean up litter. interest generated by the fund—$40,000 for are expected to be available after Nov. 15.• Parking for up to 1,000 cars is planned south banquets,receptions and other large-scale fiscal year 1987-88. of the facility. events. It can also be partitioned into additional meeting rooms. A separate lobby jhk � g�p Twin glass towers,250 feet high,establish opens onto a terrace and the entrance plaza.couWas 8729Gthe building's location for out-of-town By the end of October,final design will be visitors and provide a"gateway"to the city. completed. A series of design forums will 7 . ,. _ fCouncil votes to move ahead with negotiations on fuelgostincomp , Plants The Metropolitan Service District Council mass incineration plant.A proposal from solicit public comments. Formal action by Marketing update—In August the Metro The state,city and county provide the Fluor/Southern Electric International,also the Metro Council to a ove the convention Council approved a$200,000 90-da remainder of the funding. On Jul 8,the voted Sept.22 to move ahead with negotia- ppr pp y g. y tions for plants to produce fuel and compost for a mass incinerator,was third. center design is expected in late October. contract with the Greater Portland Conven- Oregon Legislature committed$15 million from approximately half the region's tion and Visitors Association(GPCVA)to from lottery funds during the next four garbage. The vote means Metro will begin prelimi- One-percent-for-art update—Works of art kick-off the marketing effort. GPCVA will years. Also in July,the Portland City 3 t nary contract negotiations with Combustion will enhance the design of the convention compete for bookings by associations that Council approved a local improvement We Ve aot some Engineering,based in Windsor,Conn.The center,thanks to anew 1-percent-for-art typically plan trade shows and conventions district assessment which will raise$5 The council voted 7 to 3 to move into 6 Wild ideas negotiations for a refuse-derived fuel plant to resolution reserves the option of negotiating program approved by the council last spring. years in advance. In September,a$225,000 million from businesses surrounding the be built by Combustion Engineering at a site with the second-ranked proposer if a contract was approved with the Exposition- convention center site. Business owners A" about recycling in St.Helens.Some 350,000 tons of waste satisfactory arrangement cannot be reached The convention center art advisory commit- Recreation Commission for Memorial will pay a one-time assessment of approxi- A. would beprocessed at the plant annually. with Combustion Engineering.Metro staff tee,headed by Councilor David Knowles, Coliseum staff to market the convention mately$2.75 per thousand dollars of Recycling Awareness Day After removal of ferrous and non-ferrous will also start negotiations with Riedel selected six artists and artist teams in August center to local and regional consumer shows property value99 . at the Zoo r metals,the plant would make a fuel to be Environmental Technologies of Portland. to collaborate with the architects on propos- and special events. Their efforts also E Saturday,October 3 m' burned to create electricity and steam. Preliminary negotiations with both firms are als for integrating art into the building support GPCVA's national convention On-going operations and marketing of the loam.-4 p.m. scheduled to take 60 to 90 days. design. Later this fall,an open competition marketing. convention center are funded by a 3 percent a special games;recycling displays;entertainment The council also voted to continue negotia- will be held to produce art works for certain Multnomah County hotel/motel tax. This Recycling saves energy,natural resources and = tions with Riedel Environmental Technolo- Once successful negotiations are completed, areas of the completed facility. Funding update—Funding for the tax currently yields approximately$2 wildlife habitat gies for a composting plant that would the Metro Council would have to authorize building's construction is complete. The million per year. Recycling Information:224-5555 final contract negotiations with either Based on the estimated construction budget broad-based funding package includes a process 160,000 tons of garbage a year ata g g g p g METROsite on Northeast Columbia Boulevard. Combustion Engineering and/or Riedel at the time the program was approved,the i- $65-million bond measure,passed by the When completed,the center will"launch Metals and other recyclables would be before bonds are issued and construction percent-for-art program is slated to receive region's voters in November 1986. The Portland into the major league of conven- removed from garbage and a compost would begins. $475,000 for art projects. In addition,a bonds were sold on July 9. An AA+bond tion cities,"said Metro Executive Officer r v u be produced that would be marketed as a soil $50,000 grant from the National Endowment rating by Standard&Poor resulted in a Rena Cusma. The construction contract is r amendment. Also as part of the resolution,the council for the Arts was received for the architect/ lower-than-expected 7.37 percent interest expected to be awarded in June 1988 and voted to begin an independent health-risk artist collaboration phase of the building rate on the bonds. the building opened in September 1990. m s n r In the resolution authorizing Metro staff to assessment of the impacts of the refuse- design. continue negotiations for a waste-to-energy derived fuel process.The assessment is gufacility,the council ranked second a pro- scheduled to take approximately 90 days. EF poral from Schnitzer/Ogden Martin fora cti�t ei a Ift 2% NO a a r T - .. €..' ,. Elt# End' :.M"' �Y� A fl�, JZS �­1111111-1 .'i3Nt,: - &*T�R �. _'!St•f "' f..$wws.� . _ E1,,.. �a _ _ -;. - .--. .-" CU het ��' ��. inawiial w m '1:__1R1* � .. m. - - � D ;� t�I i n _ r. a a itAn #ea- - k - I jo a 6 3 Interest growing in ways to solve yard debris dilemma "Our biggest waste problem is right in your , The goal of a citizen task force formed in The city operates its own collection and own backyard"—that's the message Metro's West Linn aggressive 1982 is to reduce the city's solid waste by composting site.The site,actually the emphasizing during Recycling Awareness50 percent.In June 1983 the committee parking lot of a local park,is open Satur- Week Oct.3-10.Bus ads and advertisements In keeping yard debris made 15 recommendations which it felt days.For a nominal charge,residents can in community newspapers will spread the out of region's landfills could meet the goal if aggressively pursued. deposit their yard debris.Woody material _ ,, word. 1< ti ' :' The recommendations fell into four catego- is chipped and mixed with non-woody y. a•' lc ries:implementing programs,education and yard debris to be composted.The compost Yard debris makes up 10.5 percent of the - _ Alta What makes a successful recycling promotion,funding and supervision. is sold to residents or is used by the city in waste entering the landfill. Portland area TRII& program? parks and public works projects.City residents produce more than 1.2 million West Linn also has developed an aggressive departments also use the site for the cubic yards of recyclable yard debris eachAccording to Ed Druback,recycling coordi- Yazd debris program to deal with the disposal of yard debris. year. nator for the city of West Linn,success Department of Environmental Quality depends on three elements: city commit- burning ban and to keep the material out of In 1986 the community's 13,000 residents The good news is that interest is growing in ment,highly motivated residents and an ag- the landfill. contributed 10,000 cubic yards of debris to composting or alternate ways of keeping gressive promotional campaign. the compost program,more than double that _ yard debris out of the landfill. Ways that t The program is three-fold: of 1985.Druback expects 12,000 to 15,000 } cubic yards this year.also provide an answer to backyard burning We dont rely on just one method to the Home composting is the most economi- word out, he said. We want to et the p g Composting is one good way to deal with ✓ word into the home in as many ways as cal solution to disposal.Four how-to The city will soon have a new site on yard debris and return nutrients to the soil. possible.The person who opens the water seminars taught by the staff of the Envi- Willamette Falls Drive that will accept all Leafy material can be composted at home > e bill is not necessarily the one who takes care ronmental Learning Center at Clackamas recyclables,in addition to yard debris.And, and used as a soil amendment,mulch or top �` _ `- of recycling,"he said. Community College are held yearly. with an eye always on recycling,the city is dressing. ` reusing fence,pipe and buildings from a The hauler in the cit provides on-call sewage treatment plant being torn down. The how-to of recycling is featured on bill Y P g P g Woody branches can be ground into small inserts,direct mail flyers,can stickers,in- collection of source-separated yard debris chips with mechanical chi " „ p chippers or by a f✓ ,� school programs,door hangers,cable TV, for a charge that is less than if the yard chipping service.Chippings can be spread as slide shows and displays. debris were disposed of as garbage. ground cover or composted into mulch. Other alternatives include taking the yard On the first Saturday of the month residents debris to commercial yard debris collection -�"� � Y � � centers. Beaverton, hauler can take yard debris to the parking lot in x back of the old City Hall at Southwest Hall11 join forces for monthly d �� y Boulevard and Fifth Street.The yard debris Some cities are beginning to establish drop _ flt ' y centers and some haulers provide pick-upard debris drop-off is loaded into garbage trucks and hauled to a service.The yard debris is chipped and A. local processing center. composted and,in some cases,sold back to Participation has averaged 130 vehicles consumers for use in gardens or yards. On the other side of the region,the city of since the service started in March 1987. " Beaverton and West Beaverton Sanitary For the do-it-yourselfer,Metro offers a free "�� T=�� Y Service have joined forces to offer a One of the goals of the task force was that booklet,"The Art of Composting." monthly drop-off location for yard debris. the service be self-supporting."We're not - doing too bad;we're breaking even,"said - ps For a copy of the booklet or the answers to It's the out owth of the cit 's annual � Y Dave Tonges of West Beaverton Sanitary. � all your questions about how to deal with "Clean Sweep Week"and a desire of the yard debris,call Metro's Recycling Informa- * ° city's recycling task force to have a regular "The service does a great deal for the city, tion Center at 224-5555 or write to Metro, drop-off place for yard debris,according tothe community and the hauler,"said Soth. ■ 2000 SW First Ave.,Portland 97201-5398. Forrest Soth.Soth,a member of the Beaver- "It's a good example of the kind of thing A ton City Some people will go to any lengths to keep yard debris out of the landfill. Council,heads the task force. that can be done with yard debris." Unloading this craft are Forrest Soth(center,with cap),Beaverton City Council; Don Johnson and Rod Wilson unload and Rod Wilson,Brian Johnson, Dave Tonges and Don Johnson of West Beaverton trailer at Beaverton's monthly yard Sanitary Service. debris drop-off. 4 5 • Monday, Se tember 28-3:30 to S30 p.m. and 7 to 9 TUALATIN RIV�FACT SHEET #2 %!n, Rock reek Sewage Treatment plant, 312S SE � River Rd.,Hillsboro. Open houses are a chance for people to ask questions and make suggestions before the decision has been made. . t THE FINAL DECISION 811 SW Sixth Avenue The public hearing will be held near the end of 1987, Portland, OR 97202 giving citizens a chance to give input on the final recommendation. The Environmental Quality Commission will make the decision on whether to approve the updated management plant in the spring of 1988. THE T UALAT I N HOW CAN YOU HELP? Citizens can help government agencies deal with the RIVER• SEARCHING problems in the Tualatin basin. The river's problems are partly the result of human activities in the watershed. �O R A SOLUTION People who degrade the river's water quality can help reduce pollution by changing their habits. Individuals are difficult to regulate. Currently, DEQ and the Soil and Water Conservation District rely on Who uses the Tualatin River? Can it meet the needs of voluntary efforts. Eroding soils, fertilizers and toxic an ever-growing population in Washington and Clackamas chemicals all cause water quality problems. Counties? How much pollution is natural? How much is Urban storm drains run into culverts which release to the result of people living and working in the Tualatin the river. This "urban runoff' carnes oil, sediments and River Basin? fertilizers from residential lawns and gardens, making the Tualatin a dumping ground for these pollutants. Phosphorus from fertilizers, organic waste and soaps also The Department of Environmental Quality (DEQ) reach the Tualatin,encouraging algae to grow. wants answers to these questions before deciding how to manage the Tualatin River and its tributaries for better These problems are not unique to the Tualatin River. water quality in the future. Overuse of fertilizers and pesticides is common where people take pride in green lawns. Oil leaks can be found IS THE RIVER DIRTY? wherever there are many cars. People may dump oil or Over the last 20 years, Washington-County grew from chemicals down storm drains rather than recycle them 50,000 to 250,000 people. The growing population because they dont realize it will drain into the river. overwhelmed existing sewage treatment facilities. In the Phosphorus from detergents may keep clothes looking 1970's, DEQ and Washington County closed inadequate brighter,but phosphate-free detergents will also clean your sewage treatment plants, transferring wastewater to the laundry. The detergent label will say if it contains highly-sophisticated Unified Sewerage Agency (USA) phosphates. The use of low-phosphate detergents, and plants at Durham and Rock Creek. Today, USA meets careful application of pesticides and fertilizers can aid in the strictest limits for wastewater treatment in Oregon. the cleanup of the Tualatin River Basin. But even the best treatment isn't enough when pollution FOR MORE INFORMATION from a large population becomes more than the river can handle. DEQ welcomes public comment and ideas on how to manage the Tualatin River Basin for the future. If you have questions or want more information, contact Shirley Kengla,Public Affairs Representative,229-5766. WHAT IS WRONG WITH THE'TUALATIN? quality throughanagement plans in coordination with The most obvious problem is the way the river looks. In other state agencies. Because of public concerns, DEQ P y wants public input before recommending an updated basin the summer, algae--a simple plant that grows in lakes and management plan to the Environmental Quality slow-moving rivers--gives the river a murky green color. Commission. Advisory committees, open houses, and a Rain-mixed sediments make the water look brown in the public hearing are all part of DEQ's effort to hear the winter. Both algae and sediments make the Tualatin less public's concerns and ideas. appealing for recreation. Another problem is invisible to humans, but is felt by As Part of the management plan, DEQ will set new fish. In summer, low levels of dissolved oxygen upset limits on pollution levels for the Tualatin River. These limits will improve water quality to meet the needs of the aquatic life. This drives fish to other areas in search of people who use the river for water supply, recreation and oxygen. fishing. Both a citizen and a technical advisory committee The nature of the river compounds problems. Partway are assisting DEQ with management decisions. The through its journey to the Willamette River, the Tualatin citizen committee members represent competing uses for river slows way down when it reaches a 2-inch-per-mile the Tualatin River as they discuss strategies to limit slope. The nearly still waters encourage algal growth pollution. The technical committee serves as a scientific which causes erratic swings in oxygen. Near the Lake peer group for technical decisions. Oswego Diversion Dam, the river resembles a lake by separating into layers of different temperatures. WHAT CAN BE DONE? WHAT CAUSES ALGAE TO GROW? Before money is spent on solutions, DEQ wants to be certain that any efforts will improve water quality. DEQ launched an intensive study of the river in June, Among the options being considered: 1986. Two pollutants, phosphorus and ammonia, have been identified as contributors to the summer problems of algae • Better control of "noupoint", ppollution. The and low dissolved oxygen. unregulated pollution from many md'ividuals can cause problems. Nonpoint sources of pollution in the Phosphorus--a nutrient naturally present in food, Tualatin River Basin include runoff from urban and fertilizer and detergents--enters the Tualatin through agriculture areas. sewage treatment plants, and runoff from urban and • Increasing summer-time water flows for the basin. agricultural areas. With the right combination of nutrients, sunlight and warm temperatures, algae will grow. • Diverting treated wastewater discharges to either the Algae is not a health threat, but is unpleasant for people Willamette or Columbia Rivers. who use the river and Lake Oswego for summertime • Improving wastewater treatment beyond what is recreation. currently required. Ammonia, released into the river by sewage treatment • Irrigating treated wastewater on land during the plants, robs the water of oxygen. DEQ's study showed critical summer months. that, in the summer, dissolved oxygen dips below the level • Removing the splashboards from the Lake Oswego needed to support trout and salmon. Diversion Dam to increase the river's movement. The sewage treatment plants introduce nearly all of the These are only a few options. The management plan ammonia. No single group is responsible for all of the may combine several of the options to improve water phosphorus. DEQ's study shows that heavy rains wash the quality. DEQ is seeking any ideas that the public may majority of the nutrients from urban and agricultural areas have. into the river during winter. The sewage treatment plants add the most phosphorus in summer. By the study's end OPEN HOUSES-MEET THE EXPERTS in June, 1988, DEQ wants to know how much of the The public has several opportunities to meet experts on winter's nutrients remain in the Tualatin to promote the the Tualatin River. Open houses will be held on: summer algal growth. • Thursday, September 24-330 to 530 pm. and 7 to 9 Y? WHO CONTROLS THE RIVERS DESTINp.m. Tigard High School cafeteria, 9000 SW Durham d.,Tigard. The Tualatin River Basin is considered public waters, R managed by several state agencies. DEQ protects water THE TUALATIN RIVER BASIN STUDY FACT SHEET Background The Tualatin River Basin, located southwest of Portland, is an important natural resource used for drinki�g, irrigation, industry and recreation. The basin is made up of the Tualatin River and its tributaries which include Scoggins, Gales, Dairy, Rock, Fanno and Beaverton Creeks. The Tualatin winds through Washing on county past the cities of Gaston, Forest Grove, Hillsboro and Tualatin, and flows into the Willamette River. Lake Oswego draws water from the Tualatin. The Tualatin's water quality is a growing concern. Low dissolved oxygen caused by ammonia discharges from sewage treatment plants threatens aquatic life. Heavy algae growth in the slow-moving river is "fed" by nutrients, such as fertilizers, and discourages recreational use. There is also a concern about toxics in the river as new industry moves into the area. Population in the Tualatin River Basin has increased dramatically in recent years from 60,000 in 1950 to 250,000 today. Population is projected to reach 350,000 by the year 2000. Rapid population growth created an overload of wastewater in the Tualatin during the 1950's and 601s. In the early 1970's many small, inefficient, overloaded and outdated sewage treatment plants closed for public health reasons. The plants began transferring their waste to Unified Sewerage Agency's (USA) Durham and Rock Creek wastewater treatment facilities. USA's plants were built using the best available technology. This improved treatment reduced the amount of bacteria and other materials being discharged into the Tualatin River Basin. Before the construction of Hagg Lake Dam in 1974, the Tualatin River would almost dry up during the summer. The low water levels led to warm temperatures, low oxygen and an inadequate water supply for fish, irrigation or sewage dilution. Today, Hagg Lake Dam on Scoggins Creek stores water during the winter for release in the summer. This increased flow enhances water quality in the Tualatin River. A study conducted by DEQ and USA between 1970 and 1979, showed improvement in the water quality of the Tualatin, despite a 40 percent population growth in the basin area. The study, however, warned that water quality will deteriorate as population and industrial growth continues. FR1311 -1- Why Study The Tualatin Basin? The Tualatin River serves as an important resource to a growing population. Industries use the river for manufacturing. Farmers use the river for crop irrigation. Anglers and boaters use the river for recreation. The Tualatin provides drinking water to Forest Grove, Hillsboro and Beaverton. These uses depend on good water quality. The problem of low dissolved oxygen is an immediate concern that will require action. The nuisance of hard-to-control algae growth in the lower Tualatin and Lake Oswego has heightened public concern. Rapid population and industrial growth will continue to affect the river's water quality. DEQ must plan carefully for the future. Currently, DEQ is studying water quality in the Tualatin Basin in cooperation with the Unified Sewerage Agency of Washington County (USA) and the Lake Oswego Corporation. This study will review current water pollution control standards. in order to develop a long-term water quality management plan. What Will Be Studied? • Aquatic Life Fishing is a popular sport in the basin. Trout and bass need adequate levels of oxygen to live. Low levels of dissolved oxygen can eventually kill off fish and other aquatic life. The stretch of the Tualatin River below Rock Creek violates dissolved oxygen standards during the summer, when the river level is low and temperatures are warm. A study can pinpoint what causes the violations. By taking an inventory of pollution sources and discharge points, DEQ can fully understand the relationship between dissolved oxygen levels and oxygen-demanding ammonia. Data has already been gathered from a series of studies conducted between mid-June and mid-September, 1986. With this data, DEQ will develop a plan to eliminate the dissolved oxygen violations. • Uses of the River The Tualatin River is used by area residents for many purposes -- drinking water, irrigation and recreation. These uses may be threatened by deterioration of the Tualatin's water quality. Levels of fecal coliform bacteria in the lower Tualatin system sometimes exceed water quality standards. Nutrient "enriched" water flowing into the lower system stimulates algae growth. FR1311 -2- i A sampling program will estimate the level of pollutants coming from industrial and sewage treatment plant wastewater, agricultural activities, and storm drains or ditches that discharge into the river. The uses study will examine the effect of these pollutants on water quality, making it possible to identify actions needed to protect the Tualatin River system. • Toxics For this study, the term "toxic" is very general, meaning any "foreign" substances that degrade the river's water quality. Lawn fertilizers, herbicides, pesticides, motor oil, and metals, etc. fall under this category. Toxic materials come from both human and industrial sources. More and more high-tech firms are moving into the Tualatin Basin. Manufacturing equipment for computers, electronics, and communications use large volumes of water. Discharge of heavy metals in industrial wastes could increase toxic concentrations in the Tualatin River. As industry expands, more people are expected to move into the area. Toxics such as yard fertilizers and motor oil increase with population. These toxins wash from the streets into storm drains which flow into the river. Pesticide and herbicide runoff from expanding agricultural activities also drain into the Tualatin. Little data exists on the occurrence of toxins in the Tualatin basin. A study can evaluate the impact of continuing development on water quality. DEQ will focus its sampling program on herbicides, pesticides and heavy metals which are used in the basin. After assessing current levels of toxics and their effects on the river, DEQ will begin designing methods to protect water quality. What Is The Next Step? The ultimate goal of the Tualatin River project is to develop an updated plan which identifies water quality concerns and management strategies that will best protect the basin. Beginning September 30, 1986, DEQ will compile progress reports every three months until June 30, 1988. A final report which includes basin planning options will be prepared by June 30, 1988. FR1311 -3- Complex and varied issues surround the Tualatin River Basin study. DEQ, USA, and the Lake Oswego Corporation are attempting to address the major issues. However, critical factors may have been overlooked. Basin area residents should be involved in the process to ensure that their concerns and needs are covered in the study. DEQ is forming a citizen's advisory committee to provide valuable input on study findings, as one way of involving residents. The Department encourages and welcomes public comment. To comment or obtain additional information please write to: DEQ Public Affairs 811 S. W. Sixth Avenue Portland, OR 97204 To obtain specific or additional information or be included- on the mailing list regarding this study, contact Shirley Kengla at 229-5766 in Portland. Oregon Department of Environmental Quality January 9, 1987 FR1311 -4- a i 911 MVV' 'SIXTH AVENUE. PORTLAND, OR 91 PHONE (503) 2- 5596 MEMORANDUM To: Environmental Quality Commission From: Director Subject: Agenda Item O, March 13, 1987, EQC Meeting Informational Report: Proposed Approach for Establishing Total Maximum Daily Loads as a Management Tool on Water Quality Limited Segments Background Considerable discussion has occurred over water quality management in Oregon during the past several months. The Department has prepared this staff report in response to that discussion and to describe several water quality management activities required by Federal law. The report provides the Commission with background information on the issue of total maximum daily loads (TMDLs) and proposes recommendations for Department action. Historically, the Department of Environmental Quality has implemented water quality control activities in accordance with a general management plan. This plan sets forth an overall program to preserve and enhance water quality statewide and to provide for the beneficial uses of the water resource. It is intended to fulfill the policy of the State of Oregon regarding water pollution control as expressed in the Oregon statutes. This management plan is also designed to satisfy water quality planning and management activities identified in the Federal Clean Water Act (CWA) of 1972. Section 303 of the CWA (Attachment I) contains the basic Federal requirements for water quality management planning. This section deals specifically with water quality standards and implementation plans, and introduces the concept of a total maximum daily load (TMDL) . According to the CWA, total maximum daily loads are to be developed on those waters where minimum treatment controls for point sources are not stringent enough to meet the established water quality standards. These waters are said to be "water quality limited". Attachment A provides specific details on the requirements of Section 303, including the issue of total maximum daily loads as they relate to water quality management in Oregon. Further background information on Oregon's present water quality management plan is presented in Attachment B. EQC Agenda Item 0 March 13, 1987 Page 2 Among other requirements, Section 303(d) specifies the timing for each state to submit a list of identified "water quality limited" segments and established loads. The first submission is required within 180 days after the EPA Administrator publishes the "identification of pollutants suitable for maximum daily load measurement correlated with the achievement of water quality objectives" pursuant to Section 304(a) (2) . This notice was published on December 28, 1978 (Attachment J) . In a literal sense, the state was not required to submit anything to EPA until June 26, 1979. In 1973, the Department classified stream segments to satisfy the first requirement identified in Section 3O3(d) (Attachment C) . Basically, the Department was faced with the choice of designating waterways as being either "effluent limited" or "water quality limited" as required in the Act. An "effluent limited" segment is a reach where water quality standards can be met by the application of technology based minimum controls for all dischargers. In contrast, a "water quality limited" segment is a reach where greater than technology based/secondary treatment requirements are needed to continually achieve water quality standards. The "water quality limited" label better conveyed the impression that the loading capacity of stream segments is limited; that case-by-case analysis of the effect of a proposed new or expanded discharge is necessary; and that highest and best practicable treatment and control is needed to minimize adverse effects on water quality. Thus, for these and other advantages, the label of "water quality limited" seemed to best serve Oregon's interests and was applied to all water bodies of the State. This label seemed appropriate because Oregon (via limitations established in discharge permits) had achieved waste load allocation for degradable organics (BOD) which resulted in substantial water quality standards compliance statewide. Remaining standards violations were related mostly to the effects of diminished stream flows, higher than desirable temperatures due to solar heating, seasonal turbidity from stormwater- induced soil erosion, bacteria from occasional sewage bypasses and land runoff, and natural conditions. The use of total maximum daily loads and waste load allocations to address these problems did not seem logical at the time. The primary disadvantage of labeling streams "water quality limited", however, was the need to establish TMDLs. The Department believed the process necessary to establish TMDLs would require substantial resource at the expense of other priority water quality issues. A total maximum daily load is basically equivalent to the loading capacity of a water body. This loading capacity is the greatest amount of pollutant loading that a water can receive without violating water quality standards. The 1985 EPA regulations (Attachment K) defined a TMDL as the sum of the individual 'waste load allocations (WLA) for point sources plus the load allocations (LA) for nonpoint sources and natural background. EPA further defined WLA as the portion of a receiving water's loading capacity that is allocated to existing or future point sources of pollution. Similarly, the LA is the r r FQC Agenda Item O March 13, 1987 ` Page 3 portion of a receiving water's loading capacity that is attributed to existing or future nonpoint sources or to natural background sources. On December 12, 1986, the Northwest Environmental Defense Center (NERC) filed a suit in the Federal District Court of Oregon against Lee Thomas, Administrator of EPA, to require him to ensure that TMDLs are established and implemented for waters within Oregon identified as being "water quality limited" (Attachment D) . That suit specifically identified the Tualatin River and generally other streams in Oregon that are designated as water quality limiting. Subsequently, NEDC filed a "Notice of Intent" to sue, naming 27 other water bodies requiring TMDLs be established (Attachment E) . The pending law suit contends that Section 303 requires EPA to establish TMDLs on "water quality limited" stream segments and that this is a non- discretionary function. Therefore, EPA is obligated by statute to establish TMDLs. The Department has reviewed the suit with the State Attorney General's office to establish our legal position. Essentially, the Department has two alternatives: 1. Develop the TMDLs and WLAs itself consistent with a state developed process and available resources, or 2. Have EPA develop the TMDLs and WLAs. The Department believes that establishing TMDLs and, particularly, WLAs will be quite controversial. There will be a number of different alter- natives for achieving the WLAs including flow augmentation, modified treatment method, no discharge, land application, or a combination of these or other alternatives. If for example, phosphorus levels are of concern, a ban on detergents containing phosphorus may be considered. Because of this, the staff would like to use a process that involves as much public participation as practicable so that all potential alternative WLAs and potential implementation strategies are given appropriate evaluation. EPA's approach, as established by Federal guidance and regulation, does not allow for more than minimal public participation. The Department feels that it is more consistent with the overall approach of the state's environmental control program that we take the lead in establishing TMDLs and WLAs. Therefore, we have been an active participant in the negotiations between EPA and NEDC to develop an acceptable approach to settle the suit. On February 10, 1987 the Department met with the U.S. Justice Department and EPA to finalize a settlement proposal. The Justice Department and EPA presented the proposal developed to NEDC on February 11, 1987. The Department has not heard officially from the U.S. Justice Department and EPA, but apparently the settlement offer was rejected by the plaintiffs. Consequently, the Department has decided to move forward in a positive fashion to propose to the Commission that we proceed to implement the TMDL process contained in the settlement offer. 4 l EQC Agenda Item 0 March 13, 1987 Page 4 VOW Proposed Approach The following section describes how the Department proposes to address the issue of TMDLs on "water quality limited" segments. For these segments, the allowable pollutant loadings need to be determined so that water quality standards will not be exceeded. Once established, the allowable pollutant loading needs to be allocated to individual point sources as well as nonpoint sources. The proposed approach to establish and implement TMDLs and WLAs consists of the following key elements: - 1. Identify the water quality limited stream segments on which TMDLs and WLAs will be developed and describe how other waterbodies will be assessed and additional "water quality limited" segments will be identified, ranked, and addressed in the future. 2. Describe how TMDLs/WLAs will be developed. 3. Establish a generic process to be used by the Department to develop and adopt the TMDLs/WLAs for each "water quality . limited" segment. 4. Describe how the Department will address applications for discharge permits during the period from the time a water quality limit segment is identified and the time TMDLs/WLAs are adopted. S. Describe the basic procedure for developing strategies which will be used to implement the TMDLs/WLAs through the NPDES Kr2 permit process. Department staff have evaluated the 1986 305(b) report, the NEDC suit, and the NEDC "Notice of Intent" to file suit to determine what "water quality limited" segments may be due to point sources. These segments represent those most appropriate for the initial establishment of TMDLs. These point source affected segments are listed in Attachment F. For each waterboO.y, the table presented in Attachment F includes the water quality parameter (s) of concern, a proposed date for completing the initial steps, and a list of NPDES permits which discharge to the stream. Attachment F is intended to be a starting point for initiating the TMDL/WLA process in Oregon. The recently amended Federal CWA contains provisions under which the Department will conduct an evaluation of segments where nonpoint sources or toxics could lead to the non—attainment of water quality standards. The Department will conduct a nonpoint source assessment_over the next 18 months_.and a water quality status assessment over the next twelve (12) months. These assessments will determine whether TMDLs are appropriate for other segments within the State. As these assessments are completed and new information becomes available, other { EQC Agenda Item O March 13, 1987 Page 5 segments may be identified as "water quality limited". The schedule for conducting new TMDL/WLA work will be negotiated with EPA annually during the development of the State/EPA Agreement. As further assessment work is completed on remaining waterbodies, presently considered non-point source limited and any other waterbodies identified in 305(b) efforts may be added to the "water quality limited" segments list. This approach will provide the Department the flexibility to add new "water quality limited" segments and to prioritize TMDL and WLA development annually through the State/EPA Agreement. After the "water quality limited" segments have been identified the Department must develop appropriate TMDLs and WLAs. This process begins by evaluating the standard(s) being violated and determining what factors contribute to these violations. Attachment H describes how the Department conducted this evaluation on the Tualatin River. This approach will be used on the other "water quality limited" segments, with appropriate modifications, to address different standard violations and their associated causes. The Department proposes to divide the total allowable pollutant loadings among the point sources, nonpoint sources, and natural background sources. The natural background sources can be separated from the nonpoint sources ' through carefully designed monitoring surveys. Attachment L provides potential strategies for allocating the point source load among the permitted dischargers within a segment. Once the allowable pollutant loadings have been allocated, various strategies for achieving these loadings will have to be evaluated and selected. These strategies may include utilizing flow augmentation, modifying treatment methods, eliminating discharges, utilizing land application, or a combination of these or other alternative. If for example, phosphorus levels are of a concern, a ban on detergents containing phosphorus may be considered as a potential strategy for meeting the TMDL. The Department has identified a generic process which can be used to develop TMDLs and WLAs for "water quality limited" segments. The process has been divided into four phases as follows: Phase I: 1. Department staff will develop TMDLs for "water quality limited" segments and associated problem parameters. 2. Director proposes TMDLs and presents the evaluation and hearing process schedule to EQC as an informational item. 3. Place TMDLs on 30-day public notice for public review and Ia comment. 4. Respond to public comment and Director issues list of TMDLs. EQC Agenda Item O March 13, 1987 Page 6 Phase II: 1. Establish a local Water Users Advisory Committee. 2. Advisory Committee reviews TMDLs and considers various alternatives to achieve TMDLs, exploring strategies for point and nonpoint sources, and for allocating the point source load among the permitted dischargers within a segment (Attachment L) . 3. DEQ prepares staff report proposing a revision in the river basin plan rules to establish TMDLs, waste loads and implementation strategy. 4. Staff presents report to EQC with a request for authorization to hold a rule-making hearing. 5. DEQ holds public hearing; local advisory committee formally presents their findings at the hearing (30 days' public notice for hearing) . Phase III: 1. DEQ prepares staff report responding to hearing testimony and proposing final basin plan rule revision to the EQC for adoption. 2. EQC meeting for rule adoption. 3. Department submits TMDLs/WLAs to EPA for approval. Phase IV: 1. DEQ implements rule via NPDES permit program and NPS activities after it is adopted and approved by EQC. Interim Period There has been some question over how the Department will address applications for discharge permits for sources within a water quality limited segment before TMDLs and WLAs are adopted. Applications could be for permit renewal for existing sources, or a permit request for new sources. For permit renewals where no increase in discharge is requested, the Department intends to reissue without modification of permit limits. For new sources and existing sources that propose expansion, the Department would propose to accommodate increased discharges providing that in our judgment there would be no conflict with what might be the ultimate control strategy for the basin. EQC Agenda Item 0 March 13, 1987 Page 7 TMDL/WLA Implementation After the TMDLs and WLAs have been adopted, it will be the Department's responsibility to address point source permits consistent with the implementation strategy adopted. Current administrative rules (OAR 340-45- 055) allow the Department to modify existing permits and to include new limits for complying with established waste loads if the implementation strategy would so dictate. Should reduced limits be placed in permits, compliance schedules for reaching those limits would be specified and would be consistent with the adopted implementation strategy. Tualatin Basin In November 1985, the Department began an intensive assessment of water quality and pollution sources in the Tualatin Basin. One purpose of the Tualatin study is to develop water quality management tools to be used in other Oregon basins. Consequently, the Tualatin River is the most appropriate area for initiating TMDLs in Oregon. The process proposed by the Department indicates that a hearing process schedule for establishing TMDLs/WLAs on a particular segment will be presented to the • Commission. Attachment G presents this schedule for completing TMDL work in the Tualatin Basin. In addition to a hearing process schedule, a TMDL is also being proposed for the Tualatin River. The technical evaluation for developing the TMDL is presented in Attachment H. Ammonia and phosphorus are the two water quality parameters initially addressed. The stretch of the Tualatin River below Rock Creek currently violates the dissolved oxygen standard during summer low flow. The dissolved oxygen depression in the river is due primarily to the nitrification of ammonia. Concerns have also been raised about nuisance algal growth in the lower Tualatin and Lake Oswego. Although phosphorus is not the only factor which stimulates algal growth, studies indicate it can have a major effect on the abundance and type of algae produced. At this time, pending review of public comments, the Department believes that ammonia and phosphorus are the two critical parameters that are directly related to water quality problems for the point sources in the basin. Table 1 presents the proposed TMDLs for ammonia and phosphorus in the lower Tualatin River. These loads are based on flows for the Tualatin River at Farmington gage. The recommended approach for the Tualatin is to identify a set of loads for varying flow conditions. This technique will better address the dynamic nature of the river. This approach will also allow a range of options to be considered in the process of establishing WLAs that meet water quality standards. Alternatives could include permit conditions specified in terms t EQC Agenda Item 0 March 13, 1987 Page 8 Table 1. Proposed Maximum Allowable Pollutant Loads for the Tualatin River Tualatin River Maximum Ammonia Maximum Total Phosphorus at Farmington, Load in River Load in River Discharge (cfs) (lbs/day) (lbs/day) 100 - 150 540 80 150 - 200 810 120 200 - 250 1080 160 250 - 300 1350 200 300 - 350 1620 240 350 - 400 1880 280 of receiving water flows. Another option might be to identify the use of upstream reservoir storage capacity to augment stream flows. Summary • The Department has identified water quality limited segments on several rivers in Oregon. • The Federal Clean Water Act under Section 303 requires the establishment of total maximum daily loads (TMDLs) for stream segments identified as "water duality limited". • TMDLs have not been formally established in Oregon. • The Northwest Environmental Defense Center (NEDC) has sued EPA requiring them to establish TMDLs. • NEDC has also filed a Notice of Intent to sue, identifying 27 water bodies requiring TMDLs. • EPA is obligated by statute to establish TMDLs; this is a non- discretionary function. • The Department can choose to develop the TMDLs and WLAs. If DEQ chooses not to, EPA will have to develop the TMDLs and WLAs. • The Department has developed a process and schedule for establishing TMDLs on water quality limited segments. • TMDLs are proposed for ammonia and phosphorus in the lower Tualatin River. EQC Agenda Item 0 March 13, 1987 Page 9 • The Department intends to place the proposed TMDLs for the Tualatin on public notice for public comment in April. • The Department will be working until April to refine the technical information provided in Attachment H. Refinements will include input from a technical advisory committee being established for the Tualatin project. Director's Recommendation It is recommended that the Commission: 1. Approve the process identified by the Department for establishing TMDLs including the proposed schedule for completing Phase I for those stream segments listed in Attachment F, Table F-2. 2. Concur with the Department's intent to place the Tualatin TMDLs on 30-day notice for public review and comment, thus initiating the entire TMDL/WLA process for the Tualatin River. Fred Hansen Attachments: (6) A. Total Maximum Daily Loads and Water Quality Management in Oregon B. Background for Oregon's Present Water Quality Management Plan C. Oregon's Initial Stream Classification Submittal to Satisfy Section 303(d) D. Federal District Court Civil Complaint 86-1578-PA: NEDC and John R. Churchill vs. USEPA E. Notice of Intent Dated January 6, 1987: NEDC to USEPA, et.al F. Proposed List of Waterbodies Needing Total Maximum Daily Loads G. Proposed Schedule for Establishing TMPLs/WLAs/LAs on the Tualatin River H. Technical Evaluation for Proposed Tualatin TMDLs I. Section 303 of the Clean Water Act J. EPA Guidance on Total Maximum Daily Loads - 1978 K. EPA Water quality Planning and Management Final Rules - 1985 L. Point Source Waste Load Allocation Methods. R. Nichols/N. Mullane:h WH1650 229-5284 February 10, 1987 d 'SWI?✓ ;�`; ATTACHMENT A TOTAL MAXIMUM DAILY LOADS AND WATER QUALITY MANAGEMENT IN OREGON FEDERAL REQUIREMENTS FOR TOTAL MAXIMUM DAILY LOADS The Federal Clean Water Act (CWA) sets out planning and management activities to be undertaken by States and local governments. The activities described establish the water quality goals and standards (as was done in Oregon prior to passage of the CWA) and develop programs to meet those goals. The water quality management program is defined in Sections 106, 205(8), 205(j), 208, 303, and 305 of the CWA. This Federal legislation was initially passed by Congress and signed into law in 1972. Section 303 of the CWA deals specifically with water quality standards and implementation plans. Section 303(d) introduced a concept referred to as a total maximum daily load (TMDL). According to the CWA, total maximum daily pollutant loads are to be developed on those waters where minimum treatment controls for point sources are not stringent enough to meet the established water quality standards. The process identified by Section 303(d) requires each state to perform several tasks. These include: 1 . Identify waters where "Best Practicable Control Technology" (BPT) for industrial point sources and "Secondary Treatment" for municipal sources are not stringent enough to implement established water -quality standards, and establish a priority ranking for such waters. (The EPA administrator is required to define BPT and Secondary treatment by rules.) 2. For the waters identified and in accordance with the priority ranking, establish the "total maximum daily load" (TMDL) for those pollutants which the EPA Administrator identifies pursuant to Section 304(a)(2) as suitable for TMDL measurement correlated with the achievement of water quality objectives. 3 . Identify waters where controls on thermal discharges required in Section 301 are not stringent enough to protect aquatic life and estimate the total maximum daily thermal load required to assure protection of aquatic life. 4. From time to time, submit priority lists and established TMDLs to the Administrator for approval. The Administrator must approve or disapprove within 30 days. If disapproved, the Administrator shall within 30 days identify the waters and establish TMDLs as necessary to implement water quality standards. 5. For the purpose of developing information, identify all other waters of the state (not included in the above requirements) and estimate TMDLs for pollutants identified by the EPA Administrator pursuant to i ATTACHMENT A Page 2 Section 304(a)(2) at a level to assure protection of a balanced indigenous population of fish, shellfish and wildlife. The first submission of the waters identified and loads established by each state is also defined in Section 303(d). It is required within 180 days after the EPA Administrator publishes the "identification of pollutants suitable for maximum daily load measurement correlated with the achievement of water quality objectives" pursuant to Section 304(a)(2). This notice was published on December 28, 1978. In a literal sense, the state was not required to submit anything to EPA until about June 28, 1979• Specific guidance from EPA regarding the implementation of Section 303(d) was initially vague and sparse. A 1973 policy statement from EPA placed the greatest water quality management emphasis on the issuance of NPDES permits for industrial and municipal sources. Permit limits were to be based on effluent limits (BPT or secondary treatment) if such limits were adequate to meet water quality standards. More stringent controls were to be implemented if the technology based effluent limits would not assure compliance with water quality standards. At that time, the establishment of TMDL's was a low EPA priority. DEPARTMENT ACTIVITIES RELATED TO SECTION 303(d) In 1973, the Department classified streams segments to comply with Section 303(d). This list was initially submitted to EPA on February 15, 1973 and , approved by them on July 17, 1973 (Attachment C). The classification was subsequently refined in 1976. The Department was faced with the choice of designating waterways as being either effluent limited or water quality limited. The Department considered the advantages and disadvantages as follows in making its choices: 1 . Effluent Limited Segments a. Definition An effluent limited segment is a reach where water quality standards can be met by the application of technology based minimum controls for all dischargers. b. Advantages 1 ) Less cost to dischargers 2) Easier to operate plants 3) Less solids to dispose lwooe ATTACHMENT A Page- 3 c. Disadvantages 1 ) The "effluent limiting" label would give the impression that increased waste loads could be accommodated without justification or water quality impact evaluation -- all that was necessary was to meet effluent guidelines. This was inconsistent with the Commision policy to protect high quality waters and to minimize discharges to streams. 2) A classification of "effluent limiting" might have limited the ability of Oregon to require controls more stringent than federal minimums -- or at least make it more difficult to require more stringent controls to protect high quality waters. The focus of the federal law was the clean up of dirty water. Abatement was the issue. Prevention programs were ignored. Oregon felt continually frustrated in efforts to protect existing high quality waters. 3) There was concern that construction grant assistance for municipal facilities might be directed to "water quality limited" segments. This could have hampered Oregon's efforts to protect high quality waters. In addition, Oregon was expecting a better level of performance of secondary treatment technology than that defined by EPA (20/20 vs. 30/30). Again, there was concern that cities would be disqualified from receiving grants if 20/20 treatment was required on effluent limited streams. Oregon did not want to relax state treatment requirements to prevent diminished water quality over time as growth occurred. Also, minor plant upsets at a 30/30 plant would more severely affect uses, especially during critical summer flows. 2. Water Quality Limited Segments a. Definition A water quality limited segment is one where greater than technology based/secondary treatment requirements are needed to continually achieve water quality standards. b. Advantages 1 ) The "water quality limited" label better conveyed the impression that the assimilative capacity of the stream is limited; that case-by-case analysis of the impact of a proposed new or expanded discharge is necessary in each case; and that highest and best practicable ATTACHMENT A Page 4 treatment and control to minimize adverse impact on water quality is necessary and appropriate. 2) There would not be any major change in the existing Oregon program or requirements. Oregon had all sources under State Waste Discharge Permits. These permits contained effluent limits consistent with Oregon requirements of a minimum of secondary treatment or control equivalent to secondary treatment (highest and best practicable treatment and control). For instance, conventional technology is capable of routinely achieving 10/10 effluent quality in larger plants with the full time attention of operators. 3) Grants would continue to be available to all municipalities 4) Better able to limit discharge loads to maintain and enhance water quality. By going this route, Oregon would get a significant jump on maintaining high quality waters and would, in addition, provide a greater cushion to accommodate new industry and growth. 5) Minor upsets at treatment plant not likely to severely stress water quality of receiving streams. C. Disadvantages 1 ) Requires better trained operators because of operation complexity. 2) More solids to dispose 3) Need to establish TMDL's which was predicted to be resource intensive. 3. Total Maximum Daily Loads (TMDL) a. Definition A total maximum daily load is essentially equivalent to the loading capacity of a water body. The loading capacity is the greatest amount of pollutant loading that a water can receive without violating water quality standards. In 1985 , EPA published regulations governing water quality planning and management activities. These regulations state that a TMDL shall be expressed as the sum of the individual waste load allocations (WLA) for point sources plus the load allocations (LA) for nonpoint sources and natural background. EPA further defined WLA as the portion of a receiving water's loading capacity that is allocated to existing or future point sources of pollution. The LA is the portion of a receiving water's loading capacity that is , ATTACHMENT A Page 5 attributed to existing or future nonpoint sources or to natural background sources. b. Advantages 1 ) In those streams or sub-basins where stringent requirements set by EQC are not enough, a mechanism is available to establish higher requirements 2) Concept is valid in basins having: a) Limited water quantity b) Pollution problems caused by existing point sources c) High density population and industrial growth potential c. Disadvantages 1 ) Provides opening for request to relax treatment requirements if TMDL limit is higher than existing loads. In order to maintain high quality waters a strong anti-degradation policy must be included and adhered to. 2) Time consuming to establish reasonable TMDL without being challenged by regulated community regarding database used. 3) 'Value or usefulness of TMDL on nonpoint source water quality limited segments is questionable. Based on the above, the Department classified all waterways in the state of Oregon as water quality limiting in 1973• The classification was reviewed and refined in the 1976 water quality management plans. This designation was made because certain desirable water quality levels are not always met even if highest and best practicable treatment (30/30) of point source wastes is achieved in the basin. Oregon has already implemented waste load allocations for degradable organics (BOD) necessary to achieve water quality standards where point sources were involved. In 1972, substantial water quality standards compliance had been achieved statewide. Water quality had been improved in the Willamette to meet the dissolved oxygen standard. Planning and construction was underway in the Tualatin Basin to provide new facilities that, when completed, were expected to achieve compliance with standards, (10/10 or better treatment on the mainstream, phosphorus reduction, dilution, 5/5 or better on tributaries). Standards violations remaining were related mostly to the effects of diminished stream flows, higher than desirable temperatures due to solar heating, seasonal turbidity from stormw ater induced soil erosion, bacteria from occasional sewage bypasses and land runoff, and natural conditions. ( ; ATTACHMENT A Page 6 None of these conditions were considered appropriate for total maximum daily loads and waste load allocations. Thus, by 1976, the Department viewed load allocation to be necessary and appropriate only in the case of BOD. The existing allocations in permits were deemed to be adequate. EPA expected future submittals to be included in the State/EPA Agreement for each fiscal year. The implication was that approval of the State/EPA Agreement and award of program grants included approval of revisions of segment classification and new or revised TMDL/WLA's. If EPA had assumed otherwise, approval of the State/EPA Agreement would have been denied and program grant funds would have been withheld. In summary, classification as "water quality limiting" seemed to cause no extra work, seemed consistent with the existing program, and seemed to best serve Oregon's interests. FUTURE WATER QUALITY MANAGEMENT DIRECTION Water quality management in Oregon must continue to evolve in order to respond to emerging needs. Most major point sources already apply the best technology available for conventional wastewater treatment. Additional treatment, to address pollutants of concern in the 1980 's and beyond (e.g., nutrients and heavy metals) will be expensive and require major investments. Decisions regarding treatment requirements must continue to protect the uses dependent on water quality and must continue to be supported by a sound technical basis. Also of concern is the threat of legal challenges regarding water quality management decisions made by the Commission and by the Department. To address terms of Section 303(d), the Department has proposed an orderly approach in updating the Statewide Water Quality Management Plan. First, a set of key terms needs to be clearly defined which relate to the development of total maximum daily loads. These definitions should be incorporated into the Oregon Administrative Rules. The terms to be defined include: • Water quality limited segment • Allowable pollutant loading • Wasteload allocation Next, a more formal process needs to be established which identifies waters of the state where application of conventional waste treatment and control technology for point sources will not result in compliance with water quality standards established under ORS 468.735 . The Department has prepared an initial list of these "water quality limited" streams. Water bodies other than those currently identified will need to be ranked for more detailed assessment in the future. a ATTACHMENT A Page 7 yam; In selecting and ranking other basins, streams, or lakes for setting TMDL's in the future, the Department should at least consider these criteria: 1 . Projections of growth and new developments 2. Severity of pollution concerns 3. Decisions that must be made regarding permit renewals or new permits based on Item 1 above. 4. Minimum instream flows set by Water Resources Commission 5 . Other factors which would influence water quality and are unique to individual stream segments, including the -relative significance of nonpoint sources. Once the waters of the state are identified and prioritized, allowable pollutant loadings need to be defined. These loadings should be set so that water quality standards will not be exceeded. Then an approach needs to be developed to specify that portion of the allowable pollutant loading which would be allocated to point sources. A procedure for allocating loads among multiple point sources also needs to be established. The entire allowable loading/wasteload allocation process would be treated much like water quality standards and would include public participation. A concern of the Department when TMDL's are established is that the regulated communities may request relaxation of existing treatment criteria, especially if streams can accommodate large loads. To address this concern, the Department will need to: 1 . Re-evaluate present policies 2. Revise, restructure, and cross reference present policies as appropriate 3 . Add new policies to the Water Quality Management Plan If total maximum daily loads are limited to truly water quality limited segments and the corresponding parameters, the concern of relaxation of treatment criteria should not be a problem. BC:c w►a WC1444 OF O 6 '4 " Z Department of Environmental Quality ,859 811 SW SIXTH AVEN!!E. PORTLAND, OREGON 97204-1334 PHONE(503) 229-5690,- October 29-5690October 5, 1987 TO ALL INTERESTED PEOPLE: NOTICE OF MEETING CHANGE The Tualatin River Citizen Advisory Committee meeting normally scheduled for the second Monday of each month has been rescheduled for October. The change will make a joint meeting between the Tualatin Technical Advisory Committee and the Citizen Committee possible. The new meeting date is Monday, October 26, 7:30 a.m. at Rose's Restaurant, 11995 SW Beaverton Higt way, Beaverton. Please contact Shirley Kengla at DEQ (229-5577) with any questicins. r . a TUALATIN BASIN PROJECT QUARTERLY REPORT 6/30/87 I14TRODUCTION The Department of Environmental Quality (DEQ) initiated an intensive assessment of pollution sources and water quality in the Tualatin Basin in July 1986. This is a two year study which will be completed in June 1988. The study is supported by a section 205(j) grant provided by EPA. Portions of the study are being conducted cooperatively by the DEQ, the Unified Sewerage Agency of Washington County (USA) , and the Lake Oswego Corporation (LOC) . This report summarizes the project status for the fourth quarter. The project is proceeding as scheduled. Background information, study objectives and study tasks are outlined in the project workplan. PROGRESS TO DATE The information collected during the first year is being analyzed by DEQ. An objective of this analysis is to determine where additional information is required to describe processes affecting water quality in the Tualatin Basin. Areas requiring additional information include a description of the variability of chlorophyll a concentrations in the river, analysis of processes which affect algal growth, and the magnitude of sediment oxygen demand. The sampling program initiated this quarter will provide the data for refining the assessment of water quality conditions in the Tualatin River. The Quality Assurance Implementation Plan has been updated to cover the details of the sampling program. Data collection will occur through intensive surveys which key in on a few critical sampling sites and an expanded ambient sampling network. The information collected at each site depends on the intended use of the data. The objective of each data collection activity describes the intended use of the data. The survey types and objectives are: 1) Ambient Monitoring. The two main objectives for ambient monitoring this summer are: to maintain ambient background information, and to distinguish the effect from point and nonpoint pollution sources in the basin. 2) Chlorophyll Measurement. The objective is to refine the analytical description of chlorophyll a variation in the Tualatin and its dependence on nutrient concentration. 3) Depth Profile. The objective is to verify that stratification occurs in the Lower Tualatin and to assess the effect of stratification on water quality. Now 4) Diurnal: The objective is to refine the analytical description of oxygen variation and to assess the effect of the thermal stratification, algal respiration, and oxygen demand the oxygen resource. 5) Sediment Oxygen Demand (SOD) . The objective is to refine the description of SOD in the Tualatin River. Table 1 presents the sample sites, sampling agencies, and the objectives to be fulfilled by sampling a specific site. Table 1 Activity 1 2 3 4 5 Site ID USA DEQ USA USA USA DEQ Cherry Grove 402555 x Dilley 402136 x Golf Course 402133 x Jackson Bottom 402132 x Mitner Bridge 402166 x Rood Rd. 402131 x x Farmington 402130 x Scholls 402129 x x Elsner 402128 x x x x x x Boones Ferry 402126 x x x x Stafford 402125 x x x x x Scoggins Cr. 402164 x Gales Cr. 404175 x Gales (USA) x Dairy Cr. 404176 x Dairy (USA) x McKay Cr. 404177 x Rock W.U. 402149 x Rock Hgwy 8 402147 x x Fanno Cr. 402139 x x Canal OSWO5-F x Rock Cr. STP x Durham STP x Data from time-of-travel studies relate flow conditions to water quality and are used to determine reaction rates from field data. USA has completed two time-of-travel studies under different flow conditions. Both studies were conducted with the Lake Oswego diversion darn down. Additional time-of-travel studies will be conducted with the diversion dam in place. Results of these studies should help to indicate what effect the dam has on water quality. The information collected from these surveys will be related directly, or indirectly, to the study objectives. The Tualatin study is divided into three parts which reflect study objectives. These parts are: 1) Water quality and aquatic life 2) Water quality and human uses 3) Water quality and toxics Water Quality and Aquatic Life The focus throughout this portion of the study has been on dissolved oxygen, a key parameter that directly affects aquatic life. During summer low flow the Tualatin River below the Rock Creek Waste Treatment Plant (RCWTP) violates the dissolved oxygen standard of 6 mg/l. Analysis of data confirms that the oxygen depletion is due to nitrification of ammonia from RCWTP. Data analysis by CH2M-Hill and DEQ indicates that sediment oxygen demand and benthic nitrification need to be considered when assessing oxygen demand in the Tualatin River. The intensive depth profile surveys and diurnal sampling initiated this quarter should provide the information needed to quantify the effect that SOD, benthic nitrification, and thermal stratification have on dissolved oxygen concentrations in the lower Tualatin River. Water Quality and Human Uses The Tualatin River provides area residents with many uses including municipal water supply, and irrigation. Other uses such as swimming and boating depend on aesthetically pleasing water. Point source discharges as well as nonpoint urban and agricultural sources affect water quality. To relate these discharges on water quality, an ambient monitoring network has been established by USA, by Scientific Resources Inc. (SRI) for LOC and by DEQ. Results from this quarter's sampling are being used to assess seasonal water quality patterns. Wet weather surveys have been completed. These surveys look at contributions resulting from key activities, such as agricultural and urban runoff, and sewage bypass in the basin. The entry of pollutants into Lake Oswego reflects the seasonal variation of pollutant concentration in the Tualatin River. Pollutants entering the lake during winter high flows may also be present during the summer. Water quality data collected during the final wet weather survey appear to verify the results from previous winter surveys. Concentrations of nutrients typically increase during winter high flows. Phosphorus concentrations continue to be higher in tributaries adjacent to urban areas than other tributaries in the basin. On an annual basis the phosphorus load in the Tualatin River below the major point sources appears to be equally divided between the point and nonpoint components (Figure 1) . Preliminary analysis indicates that point sources in the summer account for over 85% of the total phosphorus load in the lower river (Figure 2) . The focus of sampling has shifted from wet weather surveys to the intensive summer sampling program. A key to this summer's analysis will be to quantify the dependence of algal growth on nutrient, such as phosphorus and nitrogen, concentrations. Algal assays are being used together with the field surveys to quantify the dependence of algal growth on nutrient concentration. Figure 3 illustrates the results from the first of these assays. For this assay, river water from above the major point sources was spiked with sewage effluent containing a range of phosphorus concentrations. Phosphorus was removed from the effluent by chemical (Alum) addition. This procedure created an assay which varies in phosphorus concentration while holding other parameters constant. From Figure 3 , algal growth appears to be dependent on phosphorus at concentrations below 0. 16 mg/1. Above this concentration increased phosphorus content did not result in increased algal growth. Spiking the low phosphorus concentration in the control samples with phosphorus resulted in increased algal growth. Spiking controls with nitrogen and EDTA, a chelating agent which acts to increase the concentration of micronutrients, did not result in a significant increase in algal growth. These results indicate that phosphorus acts as a limiting nutrient below 0. 16 mg/l total phosphorus. Similar assays have been conducted in Lake Oswego to assess the response of algae to changes in phosphorus concentration and to assess management options. The bioassays were conducted in-situ with 1, 130 liter polyethylene bags anchored to the Lake bottom. Final results of these tests are not yet available (SRI, 1987) . Water Quality and Toxics Toxins in the Tualatin Basin are associated with urban and agricultural nonpoint sources, industries, and domestic waste. Although the toxins in the basin are a public concern, very little technical information exists. DEQ has summarized the available information on toxins in the basin. This summary is used as the basis for reconnaissance surveys. Ambient water, sediment, bio-accumulation, and biological assessment surveys will be used to screen for toxins in the basin. A draft Quality Assurance Plan has been prepared which describes the toxic screening surveys. CONTROL OPTIONS Table 2 presents the control options that are being discussed by USA, DEQ and the citizens advisory committee. Table 2 Control Options Point Sources Alternative Uses Out of Basin Transport: Treatment Procedures Nonpoint Sources Stormwater Control Land Management and Treatment Point source control options that have been evaluated by CH2M-Hill for USA include alternative uses, out of basin transport, and treatment processes. Alternative uses of sewage effluent are directed at spray irrigation and land treatment in the form of "duck ponds" in wetland areas. The out-of-basin transport option would pump the effluent from the major discharges to either the Columbia or the Willamette Rivers where greater dilution is available. CH2M-Hill estimated a cost of $100 million for the Columbia River option. The out-of-basin transport option has raised concerns about water quantity in the Tualatin. Dilution water purchased by USA provides a significant amount of the flow during summer low flow conditions. Loss of this water could greatly affect the flow in the lower river. Dilution flows purchased from Scoggins Reservoir would have to continue through the life of the contract with the Bureau of Reclamation. Treatment processes being reviewed include advanced treatment options and pretreatment alternatives. The nitrification processes included in the Rock Creek Waste Treatment Plant expansion is an example of a treatment process control. The nitrification process is designed to reduce the ammonia load which lowers the dissolved oxygen concentration in the Tualatin River below RCWTP. One pretreatment alternative that has been discussed is a phosphate detergent ban to reduce influent phosphorus loads. r 14 Nonpoint source control options include stormwater control and land management / treatment. Stormwater control is a major concern in the Tualatin Basin. Washington county, which primarily forms the Tualatin basin, currently does not have a defined stormwater control plan. Control alternatives for Lake Oswego that are independent of those for the Tualatin River are being evaluated by SRI and DEQ. One independent control alternative tested was the addition of a chemical to remove phosphorus and suspended solids from the Lake Oswego Canal which supplies most of the inflow to the lake. Public Participation A major focus of this quarter was to develop the public participation component of the project. Public participation takes many forms, including both a Citizens Advisory Committee (CAC) and a Technical Advisory Committee (TAC) , public comment on proposed load limits, and public presentations by DEQ. The advisory committees will play a key role in the development of a management plan for water quality in the Tualatin basin. The two committees will work cooperatively to assist DEQ in establishing Total Maximum Daily Loads (TMDL) 's and Waste Load Allocation (WLA) for pollutant parameters. The CAC represents a cross section of interests in the Tualatin Basin. The CAC will discuss and address public policy concerns and competing needs. The TAC is composed of professionals in the water quality field. The TAC will assist the Department in identifing and reviewing control strategies and proposals from a technical standpoint. Both committees have monthly meetings and have developed long-term schedules. Presentations were given to several groups interested in the Tualatin study during the fourth quarter. These groups included the Water Resource Future Needs Committee, Izaak Walton League, and the Soil Conservation Society of America. Outputs To Date Data summaries are available through March 1987, as LOTUS files. Field data are available as Storet files. Both the Quality Assurance (QA) Plans, the Updated Tualatin Sampling QA Plan, and the draft Toxics Reconnaissance QA Plan are available upon request. The fact sheet which served as a precursor for the two advisory committees, the minutes of the first three TAC and CAC meetings, and the long term schedules for the TAC and CAC are also available upon request. References CH2M-Hill, 1987, Interim Report, Tualatin River Water Quality Modeling Study DEQ, 1987, Tualatin Drainage Basin Point and nonpoint Assessment Part 2. 1, Updated Quality Assurance Plan DEQ, 1987, Tualatin Toxics Reconnaissance Surveys, Quality Assurance Plan (Draft) SRI, 1987, Lake Oswego Progress Report The Need (Why have this aspanded sission?) 1. Who is currently in charge of those three systems (storm, sanitary z surface water) ? NOTE: Staff interpreted this question to include those who impact or are interested in these systems. 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