The Oregon Department of Environmental Quality has been criticized for the way it administers the National Pollutant Discharge Elimination System permitting program.

   Environmental groups have sued the DEQ, arguing that it was not implementing aspects of the Clean Water Act fast enough, and in 2005, the EPA reviewed the DEQ’s permitting program.

   The review found a backlog of expired permits and shortcomings.

   The permitting program was developed under the Clean Water Act with the goal of eliminating pollutant discharge to that nation’s lakes, rivers and streams.

   DEQ is authorized by the EPA to administer the permit, and it is what allows wastewater treatment facilities and industrial polluters to release treated effluent   into the state’s lakes and rivers.

   The Total Maximum Daily Load allocations are mandated under the Clean Water Act and DEQ has plans to address the water bodies in Oregon that do not meet federal standards, said DEQ Water Quality Manager Eric Nigg.  

   California completes plan

   California’s completion of pollution plans for the section of the Klamath River in that state also influenced the DEQ’s timing, Nigg said.

   “This TMDL has been under development for six years and was done through a collaboration among Oregon DEQ, California North Coast Regional Water Quality Control Board and two regions of the USEPA,” Nigg said.

   The discharge permits for both Klamath Falls facilities have been expired for some time, Nigg said. He said both the city and South Suburban Sanitary District have been anticipating necessary upgrades associated with permit renewal and were waiting for the TMDL process to be completed. City and South Suburban leaders have set aside some funds in anticipation of the TMDLs.  

   Governor’s office responds

   Gov. Ted Kulongoski’s natural resources policy director Michael Carrier said the governor is aware that the TMDL process is ongoing for the Klamath River, and said it was “premature” to come to conclusions about the cost of meeting the new requirements.

   “The governor places high confidence in DEQ’s ability to work with municipalities and others to implement measures in affordable ways,” Carrier said.

   Nigg said while five years is the typical time afforded to communities to meet new discharge permits, that timeframe is flexible.  

   “These schedules can go beyond the five-year term of the permit and offer flexibility for large and complex upgrades or other novel approaches to meeting the pollutant limits,” he said.

   Nigg said he had no experience with a community that completely refused to comply with TMDLs, but that federal enforcement was likely to result.

   As far as the state agency, Nigg said the Environmental Protection Agency would step in and take over the process if DEQ failed to adequately meet the Clean Water Act requirements.

   “We have no reason to believe the facilities in the area will be inactive based on the level of cooperation we’ve seen through the TMDL development process and their continuing planning efforts,” Nigg said.