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About Smoke signals. (Grand Ronde, Or.) 19??-current | View Entire Issue (Dec. 1, 2017)
DECEMBER 1, 2017 S moke S ignals 9 Council, DEQ discuss water quality By Dean Rhodes so that staff mem- bers can protect Tribal Council held Oregon’s water. He a 90-minute govern- added that federal ment-to-government meet- support probably ing with Oregon Department will decrease in the of Environmental Quality near future under staff, including Director the budgets pro- Richard Whitman, on Mon- posed by the House day, Nov. 27, and most of of Representatives, the conversation centered on Senate and Trump water quality in the state. administration. Whitman, who was accom- “We are probably panied by Water Quality going to have to do Program Manager Jennifer it by getting fees Wigal and Water Quality increases approved Manager Christine Svet- by the Oregon Leg- kovich, started the meeting islature,” he said, with some bad news – Ore- adding that 60 per- gon is one of the worst states cent of the Water in the nation in keeping Quality Program’s its water quality permits funding derives current. from fees. “We have the second worst Wigal said enforc- backlog of work on our fed- ing water quality eral water quality permits,” standards is get- Whitman said. “For me, as ting more complex director of the agency and I because of lawsuits think for the agency itself, and court decisions that is not an acceptable that are creating a situation.” “significant work- Whitman cited federal law load” for the depart- that allows permit holders ment. to extend their five-year Those Oregon Photo by Michelle Alaimo permits indefinitely if they court decisions ac- apply for renewal before Richard Whitman, director of the Oregon Department of companied by short the permit expires, and Environmental Quality, speaks during a meeting with Tribal time frames during thereby never having to Council in the council’s conference room on Monday, Nov. 27. which to accomplish comply with new water court-mandated quality standards established by goals affect such things as the that we would be able to address the Department of Environmental temperature standards established more readily.” Quality after the permits are ini- to protect salmon to the amount Kennedy was joined by Vice tially issued. of mercury allowed in Willamette Chair Chris Mercier, Secretary “Over time, it can have a real Basin fish. Jon A. George, Michael Langley, impact in terms of the degree to “We’re in a ‘do’ loop,” Whitman Brenda Tuomi, Kathleen George, which we are protecting human said. “Litigation that is creating a lot Jack Giffen Jr. and Denise Harvey health and the environment,” Whit- of uncertainly about what require- in the meeting. Kathleen George man said. “That is why it is such ments are that make it very difficult was appointed to serve on the En- a significant concern for us and for us to get permits updated, which vironmental Quality Commission, should be a significant concern for means the permits are not being which oversees the Department of the Tribes as well.” brought into compliance with the Environmental Quality, earlier this He said there is no incentive, standards that we all know they year by Gov. Kate Brown. such as financial penalties, for need to be complying with.” Tribal staff in attendance includ- water quality permit holders to Kennedy said her concerns re- ed Natural Resources Department get their permits updated and that garding TMDLs – total maximum Manager Michael Wilson, Senior there is always resistance from the daily loads – is that when they are Staff Attorney Jennifer Biesack, regulated community to more strin- established nothing appears to Tribal Lands Project Administrator gent treatment regulations. “They change. Brandy Humphreys, Environmen- have a disincentive for getting their “I still have my reservations tal Resources Specialist Meagan permits updated,” he said. about that earlier fish consumption Flier, Ceded Lands Program Man- Whitman also cited outdated rate because we didn’t have good ager Michael Karnosh and Plan- data collection practices, flat or data,” Kennedy said. “We were ning Department Manager Rick declining resources allocated to just drawing at straws, trying to George. the department and a more com- put our hands on what could be the Whitman said his department is plicated legal environment as the potential cost to Natives who eat working to improve its status in the result of lawsuits as other reasons so much more fish. … Fish is brain country regarding issuing and re- for an increase in the water quality food, so if you are eating more fish it newing water quality permits. Staff permit backlog. will probably affect your brain to a has been reorganized to work only Tribal Council Chairwoman greater degree than other groups.” on issuing and updating permits Cheryle A. Kennedy opened the The Tribe worked with DEQ to in- and a Water Quality administrator meeting saying that the Tribe is crease the statewide fish consump- will be added to increase account- willing to assist in any way it can tion rate to 175 grams per day in ability within the Water Quality to help the state protect the envi- 2011. In September, the Tribe sent Program. ronment, particularly fish habitat. a letter to Whitman expressing con- “Those changes will put us on a “Knowing that there are difficult cern that the fish consumption rate pathway toward updating many of times ahead of us, or it seems like, was not being fully implemented. these older permits, but by them- we certainly want you to know that “Water resources are of para- selves they will not be sufficient we are here to help in any way that mount importance to the Tribe,” to get us to where we need to go,” we can,” Kennedy said. “As Tribes, Karnosh said. “It is No. 1 on the Whitman said. we are able to lobby our Congress Tribe’s priority list. A lot of the Whitman said the Tribe could people and to inform them in great irreplaceable cultural resources help the department during the detail of what our wishes and needs for the Tribe, from runs of salmon 2019 session of the Oregon Leg- might be. That is something that to Pacific lamprey to aquatic plant islature by lobbying for increased we are willing to do and we just ask species, they all depend really high- funding, either through increased that you put forward some issues ly on water quality.” fees or more general fund money, Smoke Signals editor Wilson, who has spent time in the Willamette River harvesting Pacific lamprey at the falls at Oregon City as part of the Tribe’s restored fishing rights, said he is concerned about the water quality and the frequent sewage releases that occur upriver near Salem. He added that standards need to be created regarding acceptable levels of pharmaceuticals found in Oregon’s waterways. Flier said she would encourage the state Department of Environ- mental Quality to be more preven- tive than reactionary, as well as update water quality standards as river systems change in reaction to global warming. “We are concerned about a lot of the same things that you are,” Wigal said, adding that the depart- ment works with other organiza- tions, such as state universities and Tribal nations, to keep up to date on technical aspects of monitoring water quality. Kathleen George said water quality in Oregon is a big question with myriad answers and that the Grand Ronde Tribe wants to hold the state accountable while also being helpful. “A lot of those answers are not implemented to the degree that the Tribe would want to see or to the degree that DEQ would want to see,” George said. “I am deeply con- cerned about Oregon and about our weak ability to protect our waters.” George suggested that the de- partment become a stronger, more robust regulatory agency, respon- sibility for testing be increased on permittees and that more work be done with Tribal partners to increase understanding of the im- portance of DEQ’s mission. Kennedy agreed, saying that the burden should be placed on pollut- ers to clean up their act. Giffen said the state needs to end its practice of renewing wa- ter quality permits indefinitely, which prevents permit holders from ever following current standards. “That’s the key to the preventive process,” he said. Whitman also briefly discussed the Portland Harbor, which was designat- ed as a Superfund site 17 years ago. He said after initial apprehension that the Trump-era Environmental Protection Agency might abandon a record of decision issued 10 months ago regarding cleaning up the area, it appears the federal agency is going to do the “right thing.” However, Whitman also suggest- ed keeping an eye on the EPA to ensure it follows the record of deci- sion and gets responsible parties to clean up the polluted site. He said he is now hopeful the site will be cleaned up by 2035. Whitman added that the Depart- ment of Environmental Quality continues to seek “active partici- pation” from Oregon Tribes in per- forming its work to protect the state’s environment. At the end of the meeting, Secre- tary Jon A. George gifted the three DEQ employees with dentalium necklaces.