September 10, 1997

Langdon Marsh, Director
Oregon Department of Environmental Quality
811 SW Sixth Ave.
Portland, OR 97204

Dear Mr. Marsh

The Oregon Surfrider Foundation is the state chapter of a 25,000-member national non-profit organization dedicated to preserving the quality of Oregon's natural waterways, protecting the coastal environment, maintaining beach access and promoting healthy nondestructive ocean recreation. Our growing membership consists of water sports enthusiasts from throughout Oregon. Recently, our attention has been drawn to an on-going situation with potentially harmful impacts on the public's health caused by broken sewage outfall discharging directly into the intertidal area adjacent to the Inn at Otter Crest. The discharge is a violation of the permit under which a private company, H20&S, operates for the Inn at Otter Crest.

Your agency has been informed of this problem at the Inn at Otter Crest, which has existed for most of the summer, and your staff has visited the site. The area is one of the most heavily used intertidal locations on the Oregon coast and is a designated Marine Garden with paved access to the Devil's Punchbowl parking lot. The site is visited by school groups, tourists and locals for its easy access to tidepooling, sightseeing and sport fishing opportunities. The shoreline directly to the south of Devil's Punchbowl is one of the most popular recreational beaches in Oregon for surfing, kayaking, boogie boarding, diving and swimming. This year, due to unusually warm nearshore water temperatures, there has been a significant increase in the number of people in the water. There have already been numerous reports from surfers of ear and skin infections that may be related to poor water quality. These types of bacterial water borne illnesses are well known to people who have visited Southern California, where beach closures are common, but have not been a problem in Oregon until now.

What is your department doing to remedy the violation at the Inn at Otter Crest waste water treatment facility, which continues to threaten the public health? This case appears to warrant some form of enforcement action. The owner of the sanitary district failed to inform DEQ of the problem and has done nothing to fix the broken facility. Simultaneously, he is seeking to expand his volume of effluent, further straining an already failed system.

In addition to this specific incident, the Surfrider Foundation is interested in knowing what DEQ programs are in place to address an increasing number of near-shore water quality problems coast-wide. Otter Crest is only one of several areas on the coast where sewage discharges create public health hazards. For example, the City of Florence stormwater system routinely overflows, dumping raw sewage into a popular water recreation area at the mouth of the Siuslaw River. The Surfrider Foundation and its members firmly believe that protecting Oregon's water resources is fundamental to preserving the outstanding quality of life and recreational opportunities we have grown to enjoy.

I would appreciate your immediate attention to this matter and I'm looking forward to your response on the specific enforcement actions being taken to bring the Otter Crest Sanitary District into compliance with state water quality standards and it's permit conditions. Moreover, we are interested in knowing what steps are being taken to coordinate your response with the other state and local agencies with jurisdiction over the public resources threatened at this location, including Oregon Parks and Recreation, Department of Fish and Wildlife, Division of State Lands, Department of Land Conservation and Development / Coastal Management Program, and Lincoln County. This site is designated as a Marine Garden under the Oregon Territorial Sea Plan, and is to be managed for its heavy visitation and educational interpretive programs.

Thank you for your attention and we look forward to your response.

Sincerely,

Scott Sherwood, Chairperson
Richard Gabriel, Co-Chairperson
Surfrider Foundation, Oregon

cc:
DEQ, Bob Dicksa
OPRD, Steve Williams
OPRD, Beverly Beach SP - Claude Crocker
ODFW, Marine Region- Jim Golden
DSL, Earle Johnson
DLCD, Bob Bailey
Lincoln County, Matt Spangler
Tony Stein
City of Florence, Ken Hobson
Surfrider Foundation, National, Ed Mazzarella
Attorneys at Law, Bahr and Stotter

Addresses for cc's:

Oregon Department of Environmental Quality (DEQ) - Bob Sicksa
750 Front St. NE Suite 120, Salem OR 97310

Oregon Department of Fish and Wildlife (ODFW), Marine Region Manager - Jim Golden
2040 SE Marine Science Drive, Newport OR 97365

Oregon Parks and Recreation Department (OPRD), Land Use/Permits - Steve Williams
South Beach State Park, 5580 South Coast Hwy. Newport OR 97365
and
Devil's Punchbowl State Park - Manager- Claude Crocker
Beverly Beach State Park, 198 NE 123rd St., Newport OR 97365

Oregon Division of State Lands (DSL), Western Region Manager - Earle Johnson
775 Summer St. NE, Salem OR 97310-1337

Oregon Department of Land Conservation and Development (DLCD),
Oregon Ocean Coastal Management Program (OCMP) - Ocean Program, Bob Bailey,
Portland State Office Bldg 1145. 800 NE Oregon St. #18, Portland 97232
and
Paul Klarin - 1175 Court St. NE, Salem OR 97310

Lincoln County - Planning Department Director - Matt Spangler
210 SW 2nd St, Newport OR 97367