Jan. 15, 1998
98-017
CONTACT: Mary Getchell, Ecology, and (360) 407-6157, Pager (360) 534-8590
OLYMPIA -- The Washington Department of Ecology, US Environmental Protection Agency (EPA) and Northwest Environmental Advocates announced a major decision today that will direct how Washington state will restore the health of nearly 700 water segments -- portions of lakes, rivers or marine waters.
The decision is the result of a lawsuit the Northwest Environmental Advocates and the Northwest Environmental Defense Center filed against the two agencies in 1991. The agreement outlines how Ecology will accelerate work to clean and improve polluted waters in Washington.
"This represents a very positive step toward creating healthy watersheds, including good fish habitat," said Ecology Director Tom Fitzsimmons. "Poor water quality is a part of the equation in our declining fish populations, and this agreement will put us on track to improve the health of the water for our citizens and the fish."
The plaintiffs filed a lawsuit saying the environmental agencies had an inadequate program to assess the condition of the state’s waterbodies and to develop the required Total Maximum Daily Loads (TMDLs). The program is a significant requirement of the Clean Water Act, which directs Ecology to identify sources of pollution in waters not meeting water quality standards and to determine how much pollution the waters can receive and still remain healthy. The water quality standards are designed to ensure waters support uses such as swimming, drinking, fishing, industrial and agricultural water supply and aquatic habitat.
"The TMDLs to be developed by the EPA-Ecology agreement will enable entire watersheds to be restored to their full potential," said Chuck Clarke, EPA’s Northwest Regional administrator. "The TMDLs will be used to clean up all the sources of water pollution, not just those that come out of an industrial outfall or sewage treatment plant."
The agreement spells out the procedures and schedule for completing the TMDLs and moving toward clean water in Washington. The following items are the main elements of the agreement:
1. Establishes a 15-year schedule to develop TMDLs for 666 water segments not meeting or not expected to meet water quality standards;
2. Builds on Ecology’s watershed approach to organize work in a five-year/five-step process for systematically assessing water quality conditions, issuing wastewater discharge permits, taking other protective actions and implementing steps to improve and restore water quality;
3. Establishes a process to set priorities for conducting TMDLs within watersheds or areas of the state;
4. Includes improved public participation and tribal involvement in decisions on cleaning up waters; and
5. Requires EPA to conduct the TMDLs if Ecology does not meet the 15-year schedule.
"Northwest Environmental Advocates is very pleased to have negotiated a settlement that makes Washington the only state in the nation to go beyond mere technical analysis to actual on-the-ground implementation of clean water standards. We realize that the task ahead will not be easy, as it will depend on the quality of the TMDLs that are developed by Ecology and the changes we will have to make in the way we treat our lands. In making these changes, Ecology has the support of the public who wanted the Clean Water Act in 1972 and, over 25 years later, still want to meet its goals of water clean enough for fish, wildlife and people," said Nina Bell, executive director for Northwest Environmental Advocates.
In the past six years, Ecology has produced approximately 200 TMDLs. Under this agreement, potentially 1,700 TMDLs will need to be completed. That figure is based on the 666 waters not meeting water quality standards multiplied by the types of pollution problems in the waters. Ecology estimates that most TMDLs will be conducted by Ecology, but encourages other public and private organizations to do them if possible.
The leading pollution problems come primarily from nonpoint sources -- or the cumulative effects of many diffuse activities. Fecal coliform bacteria, from failing septic systems and agricultural practices such as poorly managed dairy farms, have been identified as one of the leading pollution problems in Washington’s waters. Fecal coliform can make shellfish unhealthy for people to eat, and the bacteria make waters unsafe for swimming and drinking. High stream temperatures from forestry practices and urban development, as well as low dissolved oxygen from too much pollution taking oxygen out of the water for aquatic life, are other primary problems.
"We must do a far better job at minimizing and improving runoff and other problems associated with forestry, agriculture and suburban and urban development," said Fitzsimmons.
He noted that Ecology currently does not have enough staff to complete the work according to the timeline called for in the agreement
"We will need more staff people dedicated to this large and difficult task of addressing polluted water at a greatly accelerated rate," Fitzsimmons said.
Ecology will now turn its attention to making the agreement workable. This will involve talking with the state legislature and other interested parties on how to fund the work and what will qualify as adequate in terms of studying and addressing polluted water in Washington. The steps to actually implementing the agreement will include ideas from Indian tribes, local governments, industries, environmental organizations and others.
Ecology has submitted a budget request for 12 additional staff people to begin doing the work under the new agreement. This additional staffing level represents a phased-approach to the work Ecology proposes to do, with the goal of conducting more-efficient and less costly approaches than are currently used.
Nationally, there are about 30 states with pending lawsuits for their TMDL processes. Washington is the first state to reach a comprehensive settlement agreement that includes implementation.