Oregon Department of Environmental Quality
811 SW Sixth Avenue
Portland, OR 97204-1390
October 9, 1997

Scott Sherwood, Chairperson
Surfrider Foundation, Oregon Chapter
Post Office Box 40861
Eugene, Oregon 97404


RE: Otter Rock Sewage Treatment Facility Outfall

Dear Mr. Sherwood:

On July 21, 1997, two Department of Environmental Quality (Department) representatives, Robert Dicksa and mark Hamlin, inspected the Inn at Otter Crest wastewater treatment facility outfall. This treatment facility is privately owned and operated by H2O&S Inc., and is permitted to discharge treated effluent in accordance with National Pollutant Discharge Elimination System (NPDES) permit number 101269 to the Pacific Ocean in the vicinity of Elephant Rock. The inspection was conducted as a result of several citizen and organization complaints (including the Surfrider Foundation) the Department received regarding the structural integrity of the outfall pipeline and potential permit violations.

The Department's inspection determined that the outfall pipeline was broken off at the top of the sea cliffs and was no longer structurally intact as originally designed. During the inspection it was confirmed that the effluent was discharging from the broken pipeline and raining down onto the rocky shoreline below the cliffs. The broken outfall pipeline at the edge of the sea cliffs can be most likely attributed to the extreme weather conditions and heavy surf pounding the shoreline during sever storm events. While the cause of the broken pipeline is considered to be beyond the reasonable control of the permittee, regular inspections of the outfall pipeline and reporting any abnormalities are required as part of the proper operation and maintenance of the facility in the NPDES permit. Failure to properly maintain and operate a permitted facility is considered a Class II permit violation. This issue is still under Department investigation. If the Department determines that the permittee has failed to reasonably operate and maintain the treatment facility and associated appurtenances, then a Notice of Noncompliance for the permit violation will be issued to the permittee.

The permittee has recently mobilized equipment in a voluntary effort to make an on site assessment of the broken outfall pipeline and will submit a corrective action plan for Department approval in approximately two weeks. The Department has informed the permittee that if the outfall structure is not restored to its original condition, then the permittee must submit approvable plans and specifications for an alternative construction design of the outfall pipeline.

In addition, the Department has been in contact with the Oregon Department of Fish and Wildlife, Oregon Department of Land Conservation and Development, and Oregon Department of Parks and Recreation in an effort to satisfy other potential concerns regarding effluent discharge location, human health concerns and heavy recreational access, and the designated marine gardens in the vicinity of Otter Rock. Past and current review of the monthly Discharge Monitoring Reports (DMRS) submitted to the Department indicate that this facility has been in compliance with its permitted effluent discharge limits except for two separate minor events in September 1996, and January 1997. The permittee notified the Department in accordance with its permit of those two events and the Department is satisfied that the facility continues to operate within its permit compliance limits. It should be noted that the wastewater discharged is highly treated and disinfected. There should be no health risk associated with the effluent outside of a very small area where the effluent enters the ocean. The only possible health risk would be to someone who swallowed a significant amount of undiluted effluent, which seems extremely unlikely at this discharge point. This discharge is permitted in accordance with the current Oregon Administrative Rules for the Mid Coast Basin standards. The outfall is located in a heavy surf area of the coast that receives more than adequate mixing with the waters of the Pacific Ocean. The Department is satisfied that the basin standards are being met in accordance with the Clean Water Act and the Oregon Territorial Sea Plan.

The location of this outfall is in a heavy surf zone and extremely rocky shoreline that is relatively inaccessible from the cliffs above or from the tidal zone to the general public. The Department has informed the permittee that acceptable reconstruction of the pipeline would either be as originally designed or alternative such that the pipeline is rebuilt to below the waist line of a five foot human being or approximately two and 1/2 feet above the rocky beach. This would insure that if the occasional kayaker or rock climber enters the area they would not be surprised by a shower of permitted, treated sewage effluent. In addition, regardless of the type of reconstruction design, the permittee will be required to post a sign at the outfall location. The sign shall read that the area has a permitted, treated sewage outfall with a telephone number in case of an emergency or questions.

Finally, the Department is aware of the sewage overflows and bypasses that occur within the coastal communities. The Department monitors and regulates the sewage treatment facilities and is addressing the overflow and bypass issues. The Department is currently working with many facilities both coastal and inland, including the City of Florence to eliminate overflows. For example, the City of Florence is currently in the Facility Planning process and has plans for building a completely new wastewater facility that will correct any existing permit violations or water quality concerns.

Thank you for your concern, we appreciate your effort in bringing this and any other issues to our attention. If you have any other questions or issues regarding this matter or any other environmental problems, please feel free to contact the Department.

Sincerely,

Langdon Marsh
Director
Oregon Department of Environmental Quality

LM:RAD

cc:

Steve Williams, Coastal Land Use Coordinator, Oregon Parks and Recreation Department
Claude Crocker, Beverly Beach State Park - Oregon Parks and Recreation Department
Jim Golden, Marine Region - Oregon Department of Fish and Wildlife
Paul Klarin, Coastal Program - Department of Land Conservation and Development
Tony Stein, Post Office Box 281, Otter Rock, OR 97369
Earl Johnson - Division of State Lands
Matt Spangler - Lincoln County Planning Department
Bob Bailey - Division of Land Conservation and Development
Fran Recht, President - Oregon Shores Conservation Coalition, Post Office Box 1344, Depoe Bay, Oregon 97341