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Updating the Three Basin Rule: Overview

Over the past several months NSSA and Marion County have engaged in conversations with interested parties about the need to update the three basin rule. The culmination of these efforts is a thoughtfully crafted petition to amend and update the rule. The amendment is crucial for the preservation of water quality, and the revitalization of communities within the North Santiam River Basin, particularly in the aftermath of the devastating 2020 wildfires. Summary: The proposed amendment would let DEQ issue permits for new domestic sewage treatment facilities under certain conditions, which would ensure both environmental protection and support community disaster recovery. The current rule stops the Oregon Department of Environmental Quality (DEQ) from giving permits for new domestic sewage treatment facilities in the Clackamas, McKenzie (above RM 15), and North Santiam river basins. Due to recent legal changes, like the US Supreme Court's decision in County of Maui v. Hawaii Wildlife Fund decision and new EPA guidance, discharges from these facilities might now need these permits. Importance of the Project: The North Santiam Canyon Wastewater Project aims to replace old septic systems with a modern sewer treatment system in the wildfire-affected communities of Detroit, Gates, Idanha and Mill City. This upgrade is vital for economic recovery, community growth, and protecting our water resources. The new facility will improve the quality of effluent, which is treated wastewater released into the environment. High-quality effluent will keep our water clean for drinking, recreation, and wildlife. Community Impact and Concerns: The new domestic sewage treatment system is designed to improve the region's environmental and economic health while preserving the peace community members value. The new system will ensure high water quality standards, supporting both environmental health and responsible community growth. Legal and Regulatory Context: The County of Maui v. Hawaii Wildlife Fund decision means we need to update the Three Basin Rule. The U.S. Supreme Court ruled that pollutants reaching navigable waters via groundwater can need permits if the discharge is similar to a direct discharge to navigable waters. This decision changes how wastewater is regulated and means we need to update the Three Basin Rule to allow necessary permits for local projects like the North Santiam Canyon Wastewater Project. Marion County is committed to working with the Oregon DEQ and the state’s Environmental Quality Commission to update the rule, allowing for the permits we need while protecting environmental standards and supporting disaster recovery.

  • When will sewer infrastructure be installed in my community?
    You can find estimated project timelines here. It is expected that Project A (Mill City and Gates) will be completed in 4-5 years (2026-2027) and Project B (Detroit and Idanha) will be completed in 5-6 years (2027-2028). We encourage you to check for updates on this website as the projects progress.
  • If I’m rebuilding now, what should I do?
    If you are a fire survivor (in Mill City, Gates, Detroit, or Idanha) intending to rebuild and move into your home within the next 4-6 years, you will need a permitted onsite septic system to service your household until sewer infrastructure is built. Contact your city hall or Marion County Building Inspection for more information about the septic repair and installation process. You can also learn more about septic regulations and maintenance by clicking here. Notably, the Oregon Department of Environmental Quality (DEQ) intends to roll out an onsite septic financial aid program in fall 2022 that may be able to assist you with financing septic repair/replacement.
  • Will I be required to hook up to sewer?
    Community buy-in to the new sewer infrastructure will be essential to maintain financial and environmental stability of the project. Mill City, Gates, Detroit, and Idanha are still considering strategies for encouraging and/or requiring sewer hook-up. Check back for updates.
  • How much is this project costing my city?
    To date, the cities of Mill City, Gates, Detroit, and Idanha have not put any funds toward this project. Instead, funding so far has been sourced from Business Oregon and Marion County. Recently, the Oregon State Legislature approved a $50 million capital funding request from Marion County for the project (HB 5006A). Future grant funding will be sought as the project components solidify.
  • How much will this cost me?
    As engineering and design details are finalized, more information about hook-up requirements, fees, and/or fee waivers will become available. In general, maintaining a septic tank is more expensive to individual property owners than sewer hook-up. Check back for updates.
  • How are we paying for this?
    Funding so far has been sourced from Business Oregon and Marion County. In July 2021, the Oregon State Legislature approved a $50 million capital funding request from Marion County for the project (HB 5006A). As of now, Project A (Mill City/Gates, estimated cost $45M) is about 90% funded. Additional funding sources are currently being sought to finance Project B (Detroit/Idanha, estimated cost $61M).
  • Why is this project necessary? What is the alternative?
    This project is necessary to both protect the health of the North Santiam Watershed and to allow for economic development in North Santiam Canyon communities. Currently, the North Santiam River, which serves more than 200,000 people daily, is at risk of contamination by toxic septic system failures throughout the Canyon. This risk has increased due to the damage imposed by the 2020 Labor Day fires. Public sewer infrastructure will mitigate these environmental concerns and prevent the high costs of replacing old/failing septic systems from falling directly on Canyon property owners. Though Mill City already has a public sewer system, the system is overdue for upgrades that will ensure the health of the community and North Santiam River. Reliance on onsite septic systems, which have significant land and maintenance needs, also highly limits the ability of Canyon communities to increase housing options, support the growth of businesses, or expand local tourism. Moreover, many lot sizes in the Canyon are too small to safely accommodate a septic system under current regulations, preventing the authorization of new occupancy or septic permits. Higher-density development is simply not feasible without sewer infrastructure.
  • Will homeowners living outside of city limits be affected by this project?
    Any hook-up requirements will only apply to structures within the city limits of Mill City, Gates, Detroit, and Idanha (regardless of whether they fall under Marion or Linn County jurisdiction).
  • Who is leading this project?
    Members of the North Santiam Sewer Authority, business owners, city leaders, watershed partners, and Marion County.
  • How can I help?
    This project is large and will likely run into barriers along the way. You can help by staying engaged and supporting the project as it moves forward. Local leadership of the sewer project helps to ensure the needs of each community are fully represented, so be sure to communicate with your local representative on the NSSA board.

Example
Comment in Support

To submit comments in support of the 3 Basin Rule Amendment, email ThreeBasin.Petition2024@deq.oregon.gov by Oct. 6, 2024 at 5 p.m. Example Comment of Support Dear Reader, I am writing to express my strong support for Marion County’s petition to amend the Three Basin Rule (OAR 340-041-0350). Amendments to the rule are essential to ensuring the state and local communities can continue to maintain the water quality of the North Santiam, Clackamas, and Mackenzie rivers while allowing for local communities to in these areas to thrive. Due to recent court decisions, the current provisions of the Three Basin Rule represent a barrier to effective regulation of water quality in the areas subject to the rule. Proposed changes to the rule will allow the Oregon Department of Environmental Quality (DEQ) to regulate effluent from local sewer systems through federal permitting requirements. These federal requirements will allow DEQ to regulate water quality to a higher standard in comparison to current rules. The changes to the rule also will allow local communities more flexibility in how they manage and treat wastewater in these areas. In turn, that flexibility will allow these communities to continue to grow and thrive, contributing to their economic vitality and environmental health. This is particularly critical for communities in the North Santiam Canyon who are in the process of rebuilding after suffering the devastation wrought be the Beachie Creek and Lionshead wildfires in 2020 which destroyed large portions of the cities of Mill City, Gates, Detroit, and Idanha. We strongly urge you and others to support these necessary and critical changes to the Three Basin Rule. They will be essential to maintaining a healthy environment, allowing rural communities to chart a sustainable future, and allowing for flexibility in adjusting to regulatory goals and challenges.

Official Petition

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