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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.

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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