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.