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HomeMy WebLinkAboutDEQ Info - So Co - Goal 11Oregon Theodore K"longoski, (3oven,or January 4, 2008 Deschutes County Board of Commissioners 1300 NW Wall Street, Suite 200 Bend, Oregon 97701 RE: Application of Goal 11 to South Deschutes County Dear Commissioners: Department of Environmental Quality Headquarters 811 SW Sixth Ai, nue Portland, OR 97204-1390 (503) 229-; 696 FAX (503) 229-6124 TTY (503) 229-6993 For many years now the Department of Environmental Quality (DEQ), the Department of Land Conservation and Development (DLCD), the United States Geological Service (USGS) and Deschutes County have been addressing groundwater pollution concerns in the South Deschutes County area. We believe these concerns are first and foremost a public health issue rather than a land use planning issue. The area w as platted into many subdivisions back in the late 60's and early 70's before a comprehensive land use planning pro gram was established, which included Statewide Planning Goal 11. Based on the summary and conclusions of the recently released USGS report 2007-5237 entitled "Evaluation of approaches for managing nitrate loadin g from on-site wastewater systems near La Pine, Oregon" and along with DLCD's definition of a "public health hazard," 1 DEQ requests that Deschutes County, in coordination with DLCD, establish in South Deschutes County the areas in and around the tax lots delineated on Deschutes County maps titled "Sources of Sewage Contributing to Health Hazard" 2 dated December 19, 2007, as areas that may be eligible for sewer systems. Eligibility is primarily based on a determination by DEQ that there is no practicable alternative to a sewer system in order to abate the public health hazard. This request is in accordance with Oregon Administrative Rule (OAR) Chapter 660, Division 11, Section 0060 (Sewer Service to Rural Lands), where a DEQ determination of a Public Health Hazard negates the need for an exception to Goal 11. Under the Goal 11 rules, specifically OAR 660-011-0060 (4) (a) (A), (B), (C), and (D), the DEQ is required to: 1. Determine that a public health hazard exists in the area; 2. Determine that the public health hazard is caused by sewage from development that existed in the area on July 28, 1998; 1 OAR 660-011-0060(1) (d) defines a "Public health hazard" as a "....condition whereby it is probable that the public is exposed to disease -caused physical suffering or illness due to the presence of inadequately treated sewage;" 2 The maps titled "Sources of Sewage Contributing to Health Haz ard" dated December 19, 2007, may not include all of the sources of sewage. Therefore, this map as well as other maps referenced in this letter are considered as "work in progress documents" and may need to be modified over time. Application of Goal 11 in South Deschutes County January 4, 2008 Page 2 of 4 3. Describe the physical location of the identified sources of the sewage contributing to the public health hazard; and DEQ has determined that conditions that exist under items 1 and 2, above, have been satisfied as documented in the US GS report 2007-5237. Deschutes County maps titled "Sources of Sewage Contributing to Health Hazard", which show the physical location of the identified sources of the sewage contributing to the public health hazard satisfies item 3. This information was compiled based on information obtained by the County on the location of dwellings and information from WPCF- Onsite permits issued by DEQ in Deschutes County. Other maps prepared by the County identify sources that existed in the area prior to July 28, 1998. 4. Determine that there is no practicable alternative to a sewer system in order to abate the public health hazard. To address the effects of nitrogen and other pollutants from onsite wastewater treatment systems on the quality of ground water in the South Deschutes County area, DEQ has determined that a variety of approaches are needed to properly manage wastewater pollutants and nitrate loading, includin g individual onsite wastewater treatment systems and various types of community sewer systems. In some locations within the area, DEQ believes the use of various types of community sewer systems are a better long term solution. Therefore, within or near the tax lots delineated on Deschutes County maps titled "Sources of Sewage Contributing to Health Hazard" as sources contributing to the public health hazard, DEQ intends to make the determination required under item 4. This will be done on a case-by-case basis when information has been presented to DEQ demonstrating that there is no practicable alternative to a sewer system in order to abate the public health hazard for that specific area, lot, parcel, or group of parcels or lots. The property affected by DEQ's determination will be clearly identified and presented to Deschutes County and DLCD's regional representative in a timely manner. At the time the determination is presented, DEQ would have satisfied all four conditions required by OAR 660-011-0060(4) (a) for the area so identified and our responsibility for providing affected local governments and special districts notification of the determination as required by OAR 660-011-0060(7). In accordance with OAR 660-011-0060(4) (b), and based on recommendations by DEQ, Deschutes County and other public sanitary sewer authorities are required to: 1. Determine the type of sewer system and service to be provided; 2. Determine the boundaries of the sewer system service area, pursuant to OAR 660- 011-0060(6); DEQ considers items 1 and 2 as primary and necessary in protecting public health in the area and determinations can be made using the Nitrate Loading Management Model (NLMM) developed as a management tool by the USGS. Upon the determination required by DEQ under OAR 660-011-0060(4) (D) that there is no practicable alternative to a sewer system in order to abate the public health hazard, DEQ will provide the county with recommendations as to the type of sewer system to be provided and the boundaries of the sewer system service area. The boundaries Application of Goal 11 in South Deschutes County January 4, 2008 Page 3 of 4 of the sewer system service area delineated by DEQ will include: (1) lots or parcels that contain the identified sources of the sewage contributing to the healt h hazard for that area; and (2) lots or parcels that are surrounded by or abut the contributing lots or parcels where, due to soils, insufficient lot size, or other conditions, there is a reasonably clear probability that onsite systems installed to serve uses on such lots or parcels will fail and further contribute to the health hazard (OAR 660-011-0060(6)). 3. Adopt land use regulations that ensure the sewer system is designed and constructed so that its capacity does not exceed the minimum necessary to serve the area within the boundaries; 4. Adopt land use regulations to prohibit the sewer system from serving any uses other than those existing or allowed in the identified service area on the date the sewer system is approved; 5. Adopt plan and zone amendments to ensure that only rural land uses are allowed on rural lands in the area to be served by the sewer system, consistent with Goal 14 and OAR 660-004-0018, unless a Goal 14 exception has been acknowledged; 6. Ensure that land use regulations do not authorize a higher density of residential development than would be authorized without the presence of the sewer system; and 7. Determine that the system satisfies ORS 215.296(1) or (2) to protect farm and forest practices, except for systems located in the subsurface of public roads and highways along the public right of way. At the time DEQ makes the determination that there is no practicable alternative to a sewer system in order to abate the public health hazard, DEQ will be available to assist and provide recommendations to Deschutes County in satisfying the land use planning requirements specified under items 3 through 7, above. DEQ h as already requested that DLCD assist the County in developing the necessary land use provisions to implement these items. In accordance with OAR 660-011-0060(5), Deschutes County, based on recommendations from DEQ, shall determine the most practicable sewer system to abate the health hazard based on the following: 1. The system must be sufficient to abate the public health hazard pursuant to DEQ requirements applicable to such systems; and 2. New or expanded sewer systems serving only the health hazard area shall be generally preferred over the extension of a sewer system from an urban growth boundary. However, if the health hazard area is within the service area of a sanitary authority or district, the sewer system operated by the authority or district, if available and sufficient, shall be preferred over other sewer system options. At the time DEQ makes the determination that there is no practicable alternative to a sewer system in order to abate the public health hazard, DEQ will provide the County with recommendations as to the sufficiency of the sewer system to abate the public health hazard and whether it is more feasible to obtain sewer service from an existing sewer service provider. Application of Goal 11 in South Deschutes County January 4, 2008 Page 4 of 4 With the assistance from DLCD, DEQ also requests that Deschutes County expedite all planning requirements specified above in order to allow, in conjunction with the individual onsite wastewater treatment systems, the use of community sewer systems, extension of existing sewer systems, and use of smaller "cluster systems" within or near the tax lots delineated o n Deschutes County maps titled "Sources of Sewage Contributing to Health Haz ard", as satisfying OAR 660-011-0060(4) (A), (B) and (C), and within the specific areas as further determined by DEQ as satisfying OAR 660-011-0060(4) (D). DEQ views the determinations described above and as later defined in more detail, and the County's quick response to that determination, as positive steps towards the protection of groundwater in South Deschutes County . We request an accelerated land use process from the County and DLCD when implementing future determinations for sewer systems. We understand that there will be further aspects of this process that will require additional work, refinement, clarification and coordination. However, we also believe this is the most efficient way to work through this particular issue under the current land use regulations. We also understand that the determinations made by DEQ that sewer systems are more practicable raises other issues and questions not fully explored. We stand committed to helping Deschutes County, DLCD and the citizens in South Deschutes County sort through those matters. If you have any questions concern ing this designation and request for action, please contact Joni Hammond, DEQ's Interim Deputy Director at (503) 229-5332. Sincerely, //L_ Dick Pedersen Interim Director cc: Joni Hammond, DEQ — Portland Bob Baggett, DEQ — Bend Mike Kucinski, DEQ — Roseburg Richard Whitman, DLCD — Salem Jon Jinings, DLCD — Be nd Doug White, DLCD — Bend Darren Nichols — DLCD La Grande Tom Anderson, Deschutes County Community Development Director Katherine Morrow, Deschutes County Planning Director \\ jc.c (d) "Public health hazard" means a condition whereby it is probable that the public is exposed to disease -caused physical suffering or illness due to the presence of inadequately treated sewage; 66o—oil—OO6DCOC ci) E , \ CsV\ (120) "Public Health Hazard" means the presence of sufficient types or amounts of biological, chemical, physical, or radiological agents relating to water or sewage that cause or threaten to cause human illness, disorders, or disability. These include but are not limited to pathogenic viruses, bacteria, parasites, toxic chemicals, and radioactive isotopes. 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