North Santiam Sewer Authority

Three Basin Rule Update
On December 4, 2025, in response to a rulemaking petition from Marion County, with support from the City of Salem, the Confederated Tribes of Grand Ronde, the cities of Detroit, Idanha, Mill City and Gates, and the North Santiam Sewer Authority, the Oregon Environmental Quality Commission adopted revisions to the Three Basin Rule. The adopted rule and information from DEQ is on the DEQ website.
The updated rule allows the DEQ to issue a permit for the new wastewater treatment facility being constructed at Mill City which will serve the canyon communities.
Updated Rule Allows Permit
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.