Statewide, OR—The U.S. Environmental Protection Agency, the U.S. Department of Justice, the Oregon Department of Environmental Quality, and the City of Sandy have agreed on a set of measures the city will undertake to stem the city’s frequent violations of the Clean Water Act, including significantly limiting new sewer connections and upgrading its aging wastewater treatment system.
The consent decree settles violations of the Clean Water Act that date back to 2017 when DEQ found that discharges from the city’s wastewater treatment plant were regularly exceeding permitted levels and polluting Tickle Creek and the Clackamas River. As part of the agreement, Sandy must complete a set of improvements to the wastewater treatment plant by Oct. 31, 2023, that will improve reliability and capacity.
Additionally, the city must continue with its Sewer Assessment and Rehabilitation Program to reduce the amount of rain and groundwater that enters the collection system. The investigation portion of the project must be completed by Dec. 31, 2025, and all identified corrective measures within the sewer system must be completed within 10 years.
The city agreed to pay $500,000 in civil penalties for violations of its water quality permit – $250,000 to the U.S. Treasury and $250,000 to Oregon.
This settlement furthers EPA’s National Enforcement and Compliance Initiative to reduce significant noncompliance with discharge permits by municipalities and improve surface water quality.
“This agreement shows what we can do when we work together,” said Casey Sixkiller, Regional Administrator of EPA Pacific Northwest & Alaska office in Seattle. “The City of Sandy is taking the right steps to correct a long-standing problem, and EPA will be there to support their progress wherever we can.”
“I’m proud that we were able to come together to resolve an issue in a way that protects the environment and people’s health and holds the City of Sandy accountable, while also addressing the needs of a growing community,” said DEQ Director Leah Feldon. “The Clackamas River is an Oregon gem, and this agreement will help ensure it runs clear and cold for generations to come.”
Background
The City of Sandy operates a wastewater treatment plant to treat domestic wastewater. The plant operates under a National Pollutant Discharge Elimination System permit to discharge to Tickle Creek, a tributary of the Clackamas River. Sandy has reported hundreds of violations of permit limits since 2017.
DEQ has been delegated authority to enforce violations of the Clean Water Act. However, EPA retains the authority to enforce violations within Oregon. EPA’s involvement often results in the establishment of a federally enforceable timeline, in the form of a court order Consent Decree – with which the City of Sandy has now agreed – to comply with federal environmental laws.
Consent decree details
Under the terms of the consent decree Sandy must:
• Pay a $250,000 civil penalty to the U.S. within 30 days of the effective date of the consent decree. The city also must pay Oregon $24,300 owed from a previous penalty within 30 days and an additional $250,000 penalty. The Oregon penalty may be reduced to $50,000 if the city completes a Supplemental Environmental Project worth $200,000 by Dec. 31, 2028.
• Continue with its Sewer Assessment and Rehabilitation program to reduce the amount of rain and groundwater that enters the collection system.
• Develop and implement a capacity, management, operation, and maintenance (“CMOM”) program designed to ensure the collection system provides a high level of service to customers and reduces regulatory noncompliance.
• Complete preliminary design improvements by Oct. 31, 2023. This is a set of improvements to the treatment plant identified in a report prepared for Sandy to improve reliability and increase capacity.
• Submit an Amended Wastewater Facilities Plan to bring the city into compliance with its water quality permit and keep the city in compliance in the future. The schedule for final completion of all work under the plan shall be as expeditious as possible, but no longer than 15 years from the date EPA and DEQ approve the plan.
• Implement a Capacity Assurance Program that will limit new connections to Sandy’s sewer system until the city has demonstrated that adequate capacity exists in the system.
• Every six months, submit a report describing progress that meets the above requirements.
Opportunity for public comment
The consent decree is currently available for public review and comment before it is effective. EPA, ODEQ, and the U.S. Department of Justice invite all affected community members and other stakeholders to review the consent decree and provide any relevant comments. The public comment process is designed to help ensure that all voices are heard and that all views about the consent decree are considered. To review the materials for this action and/or provide comment, please go to:
https://www.justice.gov/enrd/consent-decree/us-et-…
The deadline to submit public comments is Aug. 10, 2023.
Media contacts:
DEQ: Harry Esteve, [email protected], 503-951-3856
EPA: Bill Dunbar, [email protected], 206-245-7452
About Oregon’s Department of Environmental Quality
The Oregon Department of Environmental Quality protects human health and the environment by controlling air and water pollution, reducing the impacts of manufactured products and cleaning up contaminated properties. DEQ engages the public in decision-making and helps communities solve problems in ways that are economically and environmentally sustainable.
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