Total Maximum Daily Load (TMDL)

Department of Environmental Quality (DEQ)

As more is learned about the impacts of urban runoff on waterways, more regulations are developed in an attempt to mitigate those impacts. These regulations are generally developed by the Environmental Protection Agency (EPA) under the Federal Clean Water Act. The State of Oregon, through the Oregon Department of Environmental Quality (DEQ), has accepted delegation from EPA, meaning they are responsible for implementing the federal regulations at the state level.

DEQ has adopted two stormwater regulations, one that affects Brownsville:

Willamette River Basin Total Maximum Daily Load (TMDL).

DEQ has determined that the Willamette River does not meet water-quality standards for temperature, mercury, and bacteria. Since Brownsville discharges stormwater and treated wastewater to the Willamette River, the City has been identified as a designated management agency (DMA) and are required to submit a TMDL implementation plan to help restore the water quality of the Willamette River. Many elements of the plan are related to stormwater. Brownsville is required to provide an updated plan every five years. Brownsville has been increasing its efforts towards TMDL compliance each year due to these requirements.

Details of the required plan generally fall under what Federal rules call the six minimum control measures listed below:

Public Education & Outreach
Public Involvement
Illicit Discharge Detection and Elimination
Construction Site Runoff Control
Post-Construction Runoff Control
Pollution Prevention/Good Housekeeping

States that have accepted responsibility for implementing stormwater permits can impose more stringent requirements if they determine additional action is necessary to protect water quality. Based on review of DEQ’s draft permits, Brownsville is concerned that DEQ will attempt to impose more regulations than the federally-identified minimum requirements.

Fortunately, Brownsville is a non-MS4 community based on our population.

Once a MS4 permit is issued, compliance with DEQ regulations is mandatory. If the permit remains as proposed, the City must implement it. Regulated entities in Oregon that do not comply can be fined up to $37,500 per violation per day by EPA and $25,000 per violation per day by DEQ. When Salt Lake County, Utah, recently failed to comply, they were fined $280,000 and still must fully comply with their permit requirements (DOJ Case No. 90-5-1-1-10984). Third-party, citizen lawsuits can be filed to force compliance, and criminal prosecution is a possibility if the non-compliance is found to be intentional.