Category Archives: Pollution and spills

Swimming a river called Green/Duwamish to open our eyes to the promise

By swimming the entire Green/Duwamish River in King County, Mark Powell hopes to show that the river’s full length — roughly 85 miles from the mountains to Puget Sound — is a single system worthy of protection and restoration.

I believe that most people have heard about the Duwamish Waterway in Seattle, a channelized, industrialized section of the lower Duwamish River where decades of pollution are being cleaned up, one step at a time. But how much does anyone know about the upper end of the river, which begins as a trickle of crystal clear water in the Cascade Mountains south of Snoqualmie Pass?

Mark Powell
Mark Powell

“Almost nobody knows the river well, not even the people who live along the river,” Mark told me.

Mark, the Puget Sound Program director for Washington Environmental Council. said the idea of swimming the entire river came to him during the kickoff of a new Green/Duwamish Watershed Strategy by King County and Seattle. The plan is to identify all the significant problems in the watershed (map, PDF 1.1 mb) and to increase restoration efforts where needed.

“I thought this would be an interesting way to connect with people,” Mark said. “I’m a guy who likes to get outdoors, so this is a personal commitment I could make.”

Mark swam around Bainbridge Island in the winter of 2008-09. ““By swimming the whole coastline, I’m not just diving to the pretty spots. I’m forced to look at the gross parts,” he told reporter Michelle Ma in a story for the Seattle Times.

So far, Mark has been swimming the upper and middle portions of the Green/Duwamish River. He said his biggest surprise is finding pockets of good habitat everywhere he goes.

Earlier this month, he was accompanied on the river by Sheida Sahandy, executive director of the Puget Sound Partnership, and Martha Kongsgaard, chairwoman of the partnership’s Leadership Council. A few days before they swam the river near Auburn, the Leadership Council approved new “vitals signs” indicators for “human health” and “human well-being” to emphasize the human connection to the Puget Sound ecosystem. See “Water Ways” July 30.

The human connection was still on Sheida’s mind when I talked to her about a week after her trip to the Green River. The most “eye-opening” part of the swim for her was the condition of “this incredibly beautiful natural element coursing through a very urban landscape.”

She saw evidence of people living along the river in less-than-desirable conditions, she said. There were barbecues and trailer houses but no suggestion that people had any connection to the river — except that some individuals apparently were using it as a toilet, she said.

“I haven’t quite wrapped my head around that, but it feels very right that we are considering human well-being,” she explained. “On the one hand is what we have done to the river. On the other hand is what we have done to ourselves. We need to figure out how it all links together.”

Mark’s adventures on the river are chronicled in a blog called “Swim Duwamish.” He hopes to swim every section of the river where he is allowed to go and be safe. A portion of the Green River controlled by the city of Tacoma has no public access, because it is a source of the city’s water supply. Rapids in the Green River Gorge are said to be dangerous, so Mark will look for a guide to help him. And because of heavy marine traffic in the Duwamish Waterway, he may use a boat to escort him on his approach to Seattle’s Elliott Bay.

The Green/Duwamish River may be the most disjointed river in Puget Sound, both physically and psychologically. People who have seen the industrialized lower river find it hard to visualize the near-pristine salmon stream spilling clean water down from the mountains. It is the upper part that provides the inspiration to clean up the lower part, Mark told me.

“If there was a reason for sacrificing a river, you could find it in the Duwamish,” he said. “But we can’t afford to sacrifice even one river. To me, this is what protecting Puget Sound is all about. By the time the pollution gets to Puget Sound it is too late.”

If salmon can make it through the gauntlet in the lower river, they may have a fighting chance to spawn and produce a new generation of Green River fish. Improving their migration corridor is not an impossible dream.

I suggested to Mark that the name of the river be officially changed to “Green/Duwamish” or “Green-Duwamish” to help people recognize that this is a single river from the mountains to Puget Sound. After all, the name “Salish Sea” has helped some people realize that we share an inland waterway with Canadians. The other name-change option would be to call it Duwamish all the way.

Until I started reading about the Duwamish, I didn’t realize how this river once captured water from the Black River and the White River as well as the Green River and the Cedar River. But the system has changed drastically over the past century or so.

Map

As you can see in the map on this page, the Green River once joined the White River and flowed north, picking up waters from the Black River. The Black River, which took drainage from Lake Washington, picked up water from the Cedar River.

Where the Black River merged with the White River, it became the Duwamish all the way to Puget Sound.

Two major events changed the rivers’ flow and subsequently the nomenclature. In 1906, a flood diverted the White River to the south into the channel of the Stuck River, which flowed into the Puyallup River. Shortly after that, the White River was artificially confined to keep it flowing south. Because the river flowing north contained water only from the Green River, the name “White” was changed to “Green” downstream to where the Duwamish began.

The other big event was the construction of the Lake Washington Ship Canal in 1917 to connect the lake with Puget Sound. The construction lowered the lake by more than 8 feet, with the lake level controlled by the Hiram M. Chittenden Locks. The Black River, which had taken the discharge flow from Lake Washington before construction, then dried up. The Cedar River, which had flowed into the Black River, was diverted into the lake.

Following those changes, the Green River and the Duwamish became essentially the same river, with the total flow perhaps one-third as much as it had been before the changes. If you are interested in this history and other geological forces at work in the area, check out the 1970 report by the U.S. Geological Survey (PDF 53.1 mb).

Manchester sewer plant leads the pack with another perfect score

A record number of sewage-treatment plants in Washington state fully complied with state water-quality requirements in 2014, with 128 plants winning the coveted Outstanding Performance Award from the Department of Ecology.

The number of sewage-treatment plants recognized for meeting all water-quality requirements grew from 14 to 127 over the past 20 years.
The number of sewage-treatment plants recognized for meeting all water-quality requirements grew from 14 in 1995 to 128 last year.

The awards program has reached its 20th year, and the Manchester Wastewater Treatment Plant in South Kitsap remains ahead of the pack. It’s the only plant with a perfect score every year since the program began.

In the first year of Ecology’s awards program, only 14 plants across the state were recognized as doing everything right, but that number has grown nearly every year.

Last year, 128 winning treatment plants — more than a third of all the plants in the state — passed every environmental test, analyzed every required sample, turned in all reports and allowed no permit violations.

“The talents of our professional operators are critical to successful plant operations and protecting the health of Washington’s waters”, said Heather Bartlett, manager of Ecology’s Water Quality Program, in a news release. “It is an honor to recognize their contributions with these awards.”

Kitsap County officials are rightly proud of the perfect record. Five years ago, in an article in Treatment Plant Operator magazine, lead operator Don Johnson said the success of the Manchester plant could be credited to the dedicated wastewater staff and support from all levels of county government. Don, who retired last year, has been replaced by Ken Young.

The magazine article may tell you more than you want to know about the design and operation of the Manchester plant. The plant was a modern facility when Ecology’s awards program was launched 20 years ago, and it has been kept up to date through the years.

Johnson stressed that treatment-plant operators should always be prepared for new developments.

“My advice is for them to remain adaptable and up to date,” he said. “There are many changes in the industry, and it’s important to pursue energy efficiency and create reusable resources.”

Reaching the 20-year mark deserves some kind of celebration for the Manchester plant. I would suggest organized tours of the facility, public recognition for all the plant workers through the years and maybe a slice of cake. So far, I’m told, no specific plans have been made.

A list of all the treatment plants in the state showing a history of their perfect scores (PDF 464 kb) can be downloaded from Ecology’s website.

Port Townsend’s treatment plant has had a perfect score for 19 of the 20 years, missing only 1997. Meeting the perfect standard for 16 of the past 20 years are two plants owned by the city of Vancouver — Marine Park and Westside.

Kitsap County’s Kingston plant has received the award for nine straight years. The county’s Suquamish plant, which is regulated by the Environmental Protection agency because it is on tribal land, has met all permit requirement for 15 years straight. (EPA does not issue awards.)

Amusing Monday: Art students create unified environmental message

A selected group of art students has created a unique collection of posters, videos, illustrations and a mural to deliver a coordinated message about protecting water quality and salmon habitat.

The project, supported with a grant from NOAA Fisheries, involved students from the Pacific Northwest College of Art in Portland. The art students have been producing various elements of the projects over the past year.

Animation student Beryl Allee teamed up with illustrator Grace Murphy to produce a potential media campaign called “Citizen in the Watershed,” focusing on how human damage to the ecosystem eventually comes back to harm humans. The first video on this page is called “Littering.” Two other videos, one dealing with yard care and the other with driveway runoff, can be viewed on NOAA’s website “NOAA 2015 Science in the Studio Award” or on Beryl’s Vimeo’s website.

An illustration to accompany public-outreach information about household products has been completed, with two more to be done before the end of August. See NOAA’s website.

Read about the two artists Beryl Allee and Grace Murphy.

Mural by Esteban Camacho Steffensen Image: NOAA Fisheries
Mural by Esteban Camacho Steffensen
Image: NOAA Fisheries

A mural design produced by PNCA graduate Esteban Camacho Steffensen depicts examples of human alterations to the landscape comingled with images of the natural ecosystem. These images are all wrapped together inside an outline of a chinook salmon — a key symbol of the natural Northwest.

The mural design can be printed on posters or painted on the wall of a building with instructions provided by the artist. The idea is that human activities cannot be separated from natural systems but that people can make choices to reduce their impacts. Read about the artist and his work on NOAA’s website.

Poster by Stephanie Fogel Image: NOAA Fisheries
Poster by Stephanie Fogel
Image: NOAA Fisheries

Interdisciplinary artist Stephanie Fogel created a poster to encourage people to properly dispose of medicines. The design features a salmon surrounded by pills, and the message can be customized for Washington, Oregon or California with specific information about disposing of pharmaceuticals. Read more about Stephanie J. Fogel.

The final video, below, was completed last year by Beryl Allee, who created the interesting illustrations, and John Summerson, who helped with animation and managed the sound design. The video helps people understand just one way that fish can be affected by hard armoring, such as bulkheads, constructed to protect shorelines from erosion. How the video was produced and other information can be found on NOAA’s website, “Bridging art with science to protect salmon habitat.”

Inslee backs off water-quality standards; his next move is unclear

With a key deadline approaching next week, Gov. Jay Inslee decided today that he will not move forward on new water-quality standards at this time.

The governor had hoped that the Legislature would approve his plan to track down and eliminate sources of nonpoint pollution, the kind that often gets into our waterways via stormwater. The Democratic-controlled House approved a revised proposal for chemical action plans (HB 1472), which Inslee said he could support. But, in the end, the Republican-controlled Senate failed to act on the bill.

Inslee

“Without this legislation, we lack the necessary broad approach to protecting our water in a way that advances human, environmental and economic health,” Inslee said in a news release issued today. “The lack of legislative action is disappointing and forces us to reassess our approach.”

Environmental advocates and tribal officials have called for stronger water-quality standards. Such standards, if approved, could require industrial facilities and sewage-treatment plants to extensively upgrade their systems to remove more pollutants from their effluent.

Inslee and his supporters have argued that many of the pollutants of greatest concern don’t come from industrial and municipal discharges. Rather they come from “the small-but-steady release of chemicals in everyday products – brakes on vehicles, flame retardants in furniture, softeners in plastics, and metals in roofing materials,” according to the news release.

That’s why Inslee has pushed for the more comprehensive approach of dealing with the most troublesome chemicals, many of which are not even regulated under the federal Clean Water Act. (Inslee news release, July 9, 2014.)

Water-quality standards actually apply to streams and bodies of water. Comparing results from water samples with numerical standards tells us whether the waters are polluted or clean enough to protect public health. The numerical standards become a starting point for permitting any discharge through pipes, although stormwater pipes are generally not regulated.

I have followed this story now for quite some time. The latest related post two weeks ago in Water Ways covers the overall issue and includes links to previous stories.

It isn’t clear what the next move will be. The news release says the governor has “directed the state Department of Ecology to reconsider its draft clean water rules while he and the agency assess options on how best to assure protection for the health of Washington’s people, fish and economy.”

Meanwhile, the Environmental Protection Agency is developing new standards for Washington state. If the state fails to act or fails to protect public health, as determined by the EPA, then the federal agency could impose its standards on the state. Proposed EPA standards, like state standards, must undergo a rigorous review, including public comments and probably public hearings.

Mark MacIntyre, EPA spokesman, issued a statement today in response to Inslee’s decision:

“We believe it’s important to have human health criteria in place that are protective for everybody in Washington, including high consumers of fish such as members of tribal communities. In terms of who writes the standards, EPA continues to prefer and support Washington’s development of revised water quality standards that we can approve. In the meantime, we are proceeding consistent with our commitment to work on a federal proposal for Washington, but will pause that work to review and act upon a state submittal, should we receive one.”

Washington Department of Ecology, which enforces the Clean Water Act for Washington state, was planning to approve the new standards by next Thursday. But under Inslee’s latest order that will not happen. If the rule is revised, it must undergo a new public review process.

More than 1,600 comments were received on the proposed standards, which are not likely to be approved in their current form. Most of the comments related to the higher cancer risk level chosen by Ecology and the governor. Cancer risk is one factor in calculating the water-quality standards, along with a fish-consumption rate, chemical-toxicity factor and others.

Inslee to decide whether to revise water-pollution standards for the state

Identifying and eliminating sources of water pollution — a process involving “chemical action plans” — is a common-sense idea that never faced much opposition among legislators.

Capitol

But the Legislature’s failure to act on the idea this year cut the legs out from under Gov. Jay Inslee’s anti-pollution plan, which included updated water-quality standards along with authority to study and ban harmful chemicals when alternatives are available.

Although chemical action plans make a lot of sense, the idea of coupling such planning to water-quality standards never quite gelled. Inslee argued that water-quality standards alone would not solve the pollution problem, because the standards address only a limited number of chemicals.

Furthermore, while the water-quality standards define an acceptable level of pollution for a body of water, they are limited in their regulatory control. The standards generally limit discharges only from industrial processes and sewage-treatment plants. In today’s world, stormwater delivers most of the pollution. Legal limits for stormwater discharges are nonexistent, except in rare cases where a toxic-cleanup plan has been established.

Environmentalists and tribal leaders were disappointed with the governor’s proposed water-quality standards. They believed he should be calling for much more stringent standards. While most people liked the idea of an ongoing program of chemical action planning, the governor received limited support for his legislation, House Bill 1472, among environmental and tribal communities.

Inslee

We can’t forget that Inslee had publicly stated that if the Legislature failed to act on his full pollution-cleanup program, he would revisit the water-quality standards — presumably to make them stronger. So the governor kind of boxed himself in, and that’s where we stand today.

Republican legislators acknowledged the value of chemical action plans. Their concerns seemed to center around a distrust of the Department of Ecology, reflecting the views of the chemical industry and others who could find themselves under greater regulatory control.

The House stripped out a provision in the bill that would allow Ecology to ban chemicals without legislative approval. And the key committee in the Senate — the Energy, Environment and Telecommunications Committee — went further by limiting Ecology’s ability to study safer chemicals when a ban is under consideration.

The governor ultimately shifted his support away from the bill that emerged from the committee, as I described in a story I wrote in April for InvestigateWest. The bill never made it to the floor of the Senate, and it ultimately died, along with funding for a wider range of chemical action plans.

“Not only did we not get additional policy help, but we also didn’t get funding to implement the chemical action plans that were already done,” noted Rob Duff, the governor’s environmental policy adviser.

In all, about $3.8 million for toxic cleanup efforts was cancelled along with the legislation.

Plans have been developed to reduce toxic releases of five classes of persistent, bioaccumulative toxics, or PBTs, including polychlorinated biphenyls and mercury. But carrying through on cleanup ideas spelled out in those plans has been slow without targeted funding, and many toxic chemicals of concern, such as pharmaceuticals, are not considered PBTs.

“We aren’t going to throw up our hands,” Rob told me. “Under the PBT rule, we can do PBTs. We will continue to push toward source reduction, although we did not get additional authority from the Legislature.”

Educational programs and voluntary efforts by industry remain in play, pending a further try at legislation next session. Meanwhile, the governor will review the proposed water quality standards, according to Duff.

Rule note

“We will put everything on the table and see what is the best path forward,” he said. “We will have the governor briefed and the necessary discussions over the next two weeks.”

The governor’s proposed water-quality standards have gone through public hearings and must be approved by Aug. 3, or else the process must start over.

Meanwhile, the Environmental Protection Agency is developing its own water-quality rule, which could impose stronger standards upon the state. Water-quality standards, which are a concentration of chemicals in the water, are based on a formula that accounts for how each chemical is assimilated through the food web and into the human body.

One factor involves how much contaminated fish a person is likely to eat. For years, states across the country have used the same fish-consumption rate of 6.5 grams a day, which is less than a quarter of an ounce. This number was long recognized as grossly underestimating the amount of fish that people eat, especially for Northwest residents and even more so for Native Americans who generally consume large quantities of fish.

If adopted, the new water-quality standards would raise the daily fish-consumption rate to 175 grams, or about 6 ounces. If all other factors stayed the same, the new fish consumption rate would raise the safety factor by 27 times. But, as the update moved along, several other factors were amended as well.

Inslee’s proposal was to raise the allowable risk of getting cancer after a lifetime of eating 175 grams of fish each day. The proposal was to increase the risk factor from one case of cancer in a million people to one case among 100,000 people. Inslee included a “no-backsliding” provision, so that the allowable concentration of chemicals would not be increased, no matter what the formula came up with.

Environmental advocates and tribal leaders cried foul over the cancer risk, and Dennis McLerran, regional administrator for the EPA, said he did not want the cancer risk to be increased for any state under his authority.

I covered these issues in a two-part series for the Kitsap Sun:

The EPA expects to have its proposed standards for Washington state ready this fall, possibly November. EPA officials will review the state’s proposal when it is final, but that won’t stop the agency from completing its work, according to a written statement from the EPA regional office.

“We continue to work closely with Governor Inslee’s office and the Washington Department of Ecology to see water quality standards adopted and implemented that protect all residents of the state, as well as tribal members, who regularly and often consume fish as part of a healthy diet,” according to the statement.

Industry officials and sewage-treatment-plant operators have argued that the technology does not exist to meet some of the water-quality standards that would result from a cancer-risk rate of one in a million if the other factors stayed the same. PCBs is one example of a pollutant difficult to control. Besides, they argue, stormwater — not their facilities — is the primary source of PCBs in most cases. That’s why eliminating the original sources of PCBs is so important.

McLerran, who seems to support the more stringent standards, has mentioned that facilities can apply for variances, relaxed compliance schedules or other “implementation tools,” to get around strict numerical standards impossible to meet with today’s technology.

Environmental groups are calling on the governor to tighten up the proposed water-quality standards, rather than let them go into effect, given the Legislature’s failure to approve his overall plan.

“Gov. Inslee must do everything in his power to protect the most vulnerable — babies and children — from the devastating health effects of potent neurotoxins like mercury and carcinogens like PCBs,” stated Chris Wilke, executive director for Puget Soundkeeper.

“Ecology’s draft rule provides only the appearance of new protection while manipulating the math, leaving the actual water quality standards largely unchanged,” he said. “This is simply unacceptable. Without the veil of a new source control package from the Legislature, the Governor’s plan clearly has no clothes.”

Others maintain that the governor has been on the right track all along, and they warn that the state could face lawsuits if it imposes standards that are too strict.

Bruce Hope, a retired toxicologist, wrote a guest editorial for the Seattle Times that included these statements:

“Taking an achievable approach like the one in the Department of Ecology’s draft rule would reduce the risk that municipal wastewater treatment plants or industrial facilities are subject to standards that couldn’t be met…

“Developing the right approach to water-quality protection for Washington will thus require various interests continuing to work together to find common ground.

“Washington’s rules for protecting our waters need to be established by the people elected by Washington voters. The EPA’s Region 10 office should simply not be threatening to circumvent or supersede the standard-setting authority granted to the state under the Clean Water Act.”

Amusing Monday: Comedians share their thoughts about water

Actors and comedians are talking about water in a new video campaign to raise awareness about the value of clean water and the importance of keeping pollution out of waterways.

Waterkeeper Alliance brought together celebrities to share their feelings and memories about water uses. They include Neil Patrick Harris, Susan Sarandon, Bobby Moynihan, Taran Killam, Ray Romano and Brad Garrett.

Locally, Puget Soundkeeper Alliance is affiliated with the national Waterkeeper Alliance. Puget Soundkeeper Chris Wilke, based in Seattle, is featured in an earlier video that explains the goals of Waterkeeper Alliance and the actions of the various affiliates across the United States and throughout the world.

The new campaign, called “Keep it Clean” is directed by Rachael Harris and produced by Kids at Play.

“We want to get people thinking about what water pollution means to them — to their drinking water, their surf break, their favorite fishing spot,” Harris said in a prepared statement. “But it’s a dirty and heavy topic! So we brought together some of the most brilliant and passionate voices in entertainment to put their own spin on it, to get a little silly, to make people think about why this issue is important, and what they can do to help.”

The videos presented here were announced as the “first round” of the campaign, which I presume means that more will be coming later. The three videos shown in players are compilations of comments on three themes:

  • What’s your favorite use of water? (top video)
  • Heartfelt memories (middle)
  • What does Waterkeeper Alliance do? (bottom)

The other videos show either celebrities speaking alone or with a partner:

Water cleanup program will forego grants, reorganize for efficiency

After much success in cleaning up streams in Kitsap County, pollution investigators for the Kitsap Public Health District plan to turn their backs on most state and federal grants and reorganize their approach to local waterways.

I’m talking about the folks who literally wrote the book on pollution identification and correction, or PIC, a strategic approach to tracking down bacterial contamination and eliminating the sources. A 2012 “Protocol Manual” (PDF 10.6 mb) and a 2014 “guidance document” (PDF 4.3 mb) — both developed by Kitsap’s pollution investigators — are now being used by local health departments throughout the state.

Category 1 = meets water-quality standard; Cat. 2 =
Category 1 = meets water-quality standard;
Cat. 2 = reasons for concern; Cat. 3 = lacking data;
Cat. 4A = TMDL plan; Cat. 4B = local plan;
Cat. 5 = “impaired.”

That’s why I was surprised to hear that the health district plans to change course for its pollution-cleanup program this fall — especially the part about reducing reliance on state and federal grants. For many Puget Sound jurisdictions, these grants provide the major sources of funding, if not the only funding for their PIC projects.

Kitsap County is fortunate to have a stormwater fee collected from rural property owners. For single-family homeowners, the fee will be $82 this year. The money goes into the Clean Water Kitsap program, which funds a multitude of clean-water projects — including street-sweeping, improving stormwater systems and restoring natural drainage.

The fee also supports the health district’s ongoing monitoring program, a monthly sampling of more than 50 Kitsap County streams, along with lakes and marine waters. The program has successfully reported improvements in various streams while providing early-warning signs for water-quality problems. The program was started in 1996.

None of that will change, according to Stuart Whitford, supervisor for the health district’s PIC Program. While state and federal grants have been helpful in tracking down pollution problems, most of the major problems have been identified, he said.

“We know what we have, and the patient has been stabilized,” he noted.

The problem with grants is that they require specific performance measures, which must be carefully documented and reported quarterly and in final reports.

“The administrative burden is heavy, and the state grants don’t fully pay for the overhead,” Stuart said. “Looking out into the future, we think state and federal grants will be reduced. We are already seeing that in the Legislature. So we are going to wean ourselves off the grants.”

Future efforts need to focus on identifying failing septic systems and sources of animal waste before they become a serious problem, Stuart told me. The process of doing that is firmly established in local plans. Work will continue, however, on nagging pollution problems that have not been resolved in some streams. And he’s not ruling out applying for grants for specific projects, if the need returns.

To increase efficiency in the ongoing program, health district staff will be reorganized so that each investigator will focus on one or more of the 10 watersheds in the county. In the process, the staff has been cut by one person. The assignments are being made now and will be fully implemented in the fall.

Kitsap's watersheds: 2) Burley-Minter; 3) Colvos Passage/Yukon Harbor; 4) Coulter/Rock creeks; 5) Dyes Inlet; 6) Foulweather Bluff/Appletree Cove; 7) Liberty/Miller bays; 8) Port Orchard/Burke Bay; 9) Sinclair Inlet; 10) Tahuya/Union rivers; 11) Upper Hood Canal.
Kitsap’s watersheds: 2) Burley-Minter; 3) Colvos Passage/Yukon Harbor; 4) Coulter/Rock creeks; 5) Dyes Inlet; 6) Foulweather Bluff/Appletree Cove; 7) Liberty/Miller bays; 8) Port Orchard/Burke Bay; 9) Sinclair Inlet; 10) Tahuya/Union rivers; 11) Upper Hood Canal.

“The stream monitoring will remain the same,” Stuart said. “But each person will be able to do more intensive monitoring in their home watershed.”

Having one investigator responsible for each watershed will allow that person to become even more intimately acquainted with the landscape and the water-quality issues unique to that area. Because of the extensive problems in Sinclair Inlet, two people will be assigned to that drainage area, which includes a good portion of South Kitsap and West Bremerton.

Dave Garland, regional water-quality supervisor for the Department of Ecology, said he, too, was surprised that the Kitsap Public Health District wishes to avoid grants, but he is confident that Stuart Whitford knows what he is doing.

“They are definitely leaders in the state and have been very successful in their approach,” he said. “We wish more health districts and surface water departments would be more like Kitsap. They are improving as they go.”

Garland said Kitsap County officials have done more than anyone to remove streams and waterways from the “impaired waters” list that Ecology compiles. The list — also known as 303(d) under the federal Clean Water Act — is part of Ecology’s “Water Quality Assessment,” now being finalized for submission to the federal Environmental Protection Agency.

In 2008, Kitsap County had 69 stream segments listed as “impaired.” As a result of work over six years, now only 7 are proposed for the upcoming list. Many streams were removed when they came under state cleanup plans for Dyes and Sinclair inlets, between Port Orchard and Silverdale, or in Liberty Bay near Poulsbo. Those state plans identify cleanup efforts to reduce pollution loading and bring the waters into conformance with state water-quality standards. They are called TMDLs, short for total maximum daily loads.

Because the Kitsap County PIC Program has been so successful, Ecology has allowed the local program to substitute for TMDL studies for many streams where stormwater outfalls are not an issue. Under the Clean Water Act, the local program comes under Category 4B (for local planning), as opposed to 4A (the state’s TMDL approach).

“No one has done a more thorough job,” Dave said of Kitsap’s effort. “It is very impressive to see that they have gone to TMDLs or to 4B. That does not mean the waters are clean, but it means they are under a plan.”

Of the remaining seven “impaired” water bodies, some should be removed because of Kitsap’s cleanup plans, Stuart said. They include Anderson Creek and Boyce Creek, which flow into Hood Canal, and Murden Creek on Bainbridge Island, which is undergoing a special study. Phinney Creek in Dyes Inlet is already part of a TMDL, and an area in southern Hood Canal should not be on the list because it meets water-quality standards, he said. Stuart hopes to get those changes made before the list is submitted to EPA this summer.

Currently, nothing is being done with regard to Eagle Harbor or Ravine Creek, two “impaired” water bodies on Bainbridge Island. The health district’s program does not extend to cities, although Bainbridge could contract with the health district for monitoring and cleanup.

Eagle Harbor could become subject to a TMDL study by the Department of Ecology, but it is not currently on the state’s priority list. As a result, work is not likely to begin for at least two years.

EPA clarifies federal jurisdiction over streams and wetlands of the U.S.

The Environmental Protection Agency has finally completed a new rule that defines which waterways across the country fall under federal jurisdiction for clean-water permits.

The new Clean Water Rule is designed to protect important tributaries. Kitsap Sun photo
The new Clean Water Rule is designed to protect important tributaries. // Kitsap Sun photo

Enforcement of the federal Clean Water Act has been stuck in a state of confusion since 2006, when the U.S. Supreme Court ruled that the Army Corps of Engineers was overreaching by requiring permits for all sorts of waterways beyond the agency’s jurisdiction. For background, check out my Water Ways post from March 25, 2014, in which I describe the court’s interpretation of “waters of the U.S.” — the key phrase in the law.

The EPA requisitioned a scientific report about hydraulic connectivity, concluding that even small streams can affect downstream waters. The final language in the rule, designed to reduce judgment calls by federal regulators, says tributaries would come under federal jurisdiction only if capable of delivering significant pollution downstream. Such tributaries would need to have flowing water or related features — such as a streambed, bank or high-water mark.

The rule has worried farmers, who want to make sure the federal government does not try to regulate ditches designed for irrigation and drainage. Language in the final rule says ditches will not be regulated unless they are shown to be a remnant of a natural stream that has been diverted or altered.

Jo-Ellen Darcy, assistant secretary for the Army, said the rule represents a “new era” for the Clean Water Act. As she stated in a news release:

“This rule responds to the public’s demand for greater clarity, consistency, and predictability when making jurisdictional determinations. The result will be better public service nationwide.”

EPA Administrator Gina McCarthy said the rule is grounded in science and law. For downstream waters to be clean, upstream waters also must be clean, she said.

McCarthy said the language was revised significantly since the first proposal, taking into account more than a million public comments and discussions in 400 meetings across the country. As she told reporters in a telephone conference call:

“I think you will see that we have made substantial changes that basically made this rule clearer, crisper and did the job we were supposed to do. And I’m very proud of the work we have done here.”

McCarthy also told the reporters that climate change increases the importance of protecting water resources:

“Impacts from climate change — like more intense droughts, storms, fires and floods, not to mention sea-level rise — affect our water supplies. But healthy streams and wetlands can help protect communities by trapping flood waters, retaining moisture during drought, recharging groundwater supplies, filtering pollution and providing habitat for fish and wildlife.”

The new rule was applauded by many environmental groups, including the Sierra Club. Michael Brune, executive director, issued a statement:

“No longer will the Supreme Court’s confusing decisions on the issue allow dirty fossil fuel companies to threaten people’s health by dumping toxins into our lakes, rivers, and streams.”

Still, plenty of people contend that the EPA and Army Corps have contrived this new rule to continue their over-reach into streams that should be beyond federal jurisdiction. House Speaker John Boehner, R- Ohio, issued this statement in response to the EPA’s release of the new rule, sometimes called “WOTUS” for “waters of the U.S.”

“The administration’s decree to unilaterally expand federal authority is a raw and tyrannical power grab that will crush jobs. House members of both parties have joined more than 30 governors and government leaders to reject EPA’s disastrous WOTUS rule. These leaders know firsthand that the rule is being shoved down the throats of hardworking people with no input and places landowners, small businesses, farmers and manufacturers on the road to a regulatory and economic hell.”

The House has already passed a bill, HB 1732, that would put the brakes on implementation of the new rule and send the EPA back to the drawing board for new language. As you could expect, the vote was mostly along party lines. If the Senate approves the bill, it is likely to be vetoed by the president.

The new rule is scheduled to go into effect 60 days from its publication in the Federal Register. For more details, visit the EPA’s website “Clean Water Rule.”

Bremerton takes third place in national water-conservation challenge

UPDATE, June 11, 2015

Bremerton has another winner in the Wyland Foundation’s National Mayor’s Challenge. Teacher Bobbi Busch and her seventh and eighth grades classes at Mountain View Middle School were declared the Northwest regional winner in the Classroom Edition of the challenge.

The 100 or so students in Busch’s three seventh-grade and two eighth-grade classes joined the competition simply by going online, taking the water pledge and listing their teacher.

Busch said she heard about the contest from Bremerton’s Kathleen Cahall during a meeting of science and math teachers. One winner was chosen at random from each region of the country. Thanks to the effort, Busch will receive a $250 gift card for purchasing supplies for her classroom, and the school principal will receive an identical $250 card to buy something for the school.
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Bremerton came in third this year in the National Mayor’s Challenge for Water Conservation, a contest that encourages people to take a pledge to save water.

Bremerton 3

Third place is a very good showing, but not as good as the past two years, when Bremerton took the first-place spot in the nation. In 2012 — the first year of the contest — Bremerton came in third as well. That makes Bremerton the only city to place among the top three for its size in all four years of the contest, noted Kathleen Cahall, Bremerton’s water resources manager.

The two cities that exceeded Bremerton’s efforts this year were Ponway, Calif., in first place, and Hot Springs, Ark., in second. Each had more people, by percentage, who took the pledge than those lower on the list. Olympia, which is in the same population category as Bremerton (30,000 to 100,000), came in ninth, not a bad showing at all.

Seattle came in eighth among cities with populations of 600,000 and more. No other cities in Washington state made the list of the top cities.

If Bremerton area residents carry through on their pledges, they will save enough water to fill 24 Olympic-size swimming pools each year, according to a news release from the Wyland Foundation (PDF 360 kb), which sponsors the competition. That’s 15.6 million gallons.

Beyond the water savings, Bremerton area residents agreed to reduce their use of disposable water bottles by 46,424 bottles, according to the report. Other proposed actions could save 495,000 pounds of trash going to the landfills, 138,000 gallons of oil and 75 million pounds of carbon dioxide.

In all, residents from more than 3,900 cities signed more than 391,000 online pledges to save water. As in last year’s contest, residents from the winning cities will be entered into a drawing for more than $50,000 in prizes.

Kathleen Cahall and city employees Lisa Campbell, Teresa Sjostrom and Kelsie Donleycott did a good job getting the word out about this year’s challenge, and many local businesses provided information to their customers. As always, Mayor Patty Lent’s personal involvement and interest in water resources helped generate support for Bremerton’s high standing in the contest.

On a somewhat related topic, state and local water-quality officials have been spreading the word this month about using commercial car washes to recycle washwater from vehicles. The goal is to save water and prevent pollution from going into storm drains that flush into streams and bays.

The 3 million cars in the Central Puget Sound region can contribute nearly 10,000 gallons of gasoline, diesel and motor oil to waterways each year, along with 19,000 pounds of phosphorus and nitrogen, 2,900 pounds of ammonia and 1.4 million pounds of solid waste, according to a news release from the Puget Sound Car Wash Association.

School and other nonprofit groups can sell tickets to car washes — an alternative to holding car washes in parking lots that lack adequate controls for pollution. In Kitsap County, check out the Fundraiser Car Wash Program. One can also contact local car wash operators directly, or view a list of operators in the Puget Sound region that have joined the PSCWA program.

Call it ‘nonpoint’ or ‘stormwater;’ this problem is serious

As far as I know, nobody has come up with a good name for the type of pollution that gets picked up by rainwater that flows across the ground, carrying contaminants into ditches, streams and eventually large waterways, such as Puget Sound.

Cleaning out storm drains is the last line of defense before pollution from the roads gets into public waterways. Kitsap Sun photo
Cleaning out storm drains is the last line of defense before pollution from the roads gets into public waterways. // Kitsap Sun photo

“Stormwater pollution” is a term I have frequently used. But Sheida Sahandy, executive director of Puget Sound Partnership, made a good point when I interviewed her last summer about the perils of stormwater.

“I don’t really like calling it ‘stormwater,’” Sheida told me. “It doesn’t have much to do with storms. It has to do with people. We’re talking about our dirt, our detritus, our filth. Everyone has it, and we all dump it into the sound to one degree or another.”

Stormwater is relatively pure when it falls from the sky as rain. It only gets dirty because the runoff picks up dirt, toxic chemicals, bacteria and other wastes, mostly left behind by people.

“Stormwater has gotten a bad wrap,” Sheida said. “It’s really what we’ve done to the poor thing that makes it evil.”

To read more about this discussion, check out my series “Taking the Pulse of Puget Sound” and the story “Stormwater solutions key in fight for Puget Sound.”

Officially, the Environmental Protection Agency and Washington Department of Ecology tend to call it “nonpoint source pollution.” It’s a term that tells us what this kind of pollution is not. Specifically, it is not pollution coming from a point source, such as a pipe. But “nonpoint” does not describe what it really is.

Technically, nonpoint pollution is more than stormwater. It includes waterborne sources such as marinas and atmospheric deposition from air pollution. Taken together, this form of pollution remains the most serious threat facing those who would clean up and protect Puget Sound.

We need a new term like “mess-left-behind pollution,” because it generally results from someone leaving some kind of contamination on the ground — such as animal waste or leaking motor oil — or failing to anticipate future problems — such as those caused by toxic flame retardants in furniture or mercury from a multitude of coal-fired power plants.

A new plan by Ecology to deal with this type of pollution is now under review. It is called “Washington’s Water Quality Management Plan to Control Nonpoint Sources of Pollution” (PDF 10.6 mb).

The general categories described in the plan are:

  • Agriculture, including livestock wastes; fertilizers and pesticides; and erosion from grazing practices and over-cultivation of fields.
  • Atmospheric deposition, including emissions from automobile, industrial and agricultural sources and backyard burning of trash.
  • Forest practices, including turbidity from erosion caused by loss of vegetation and road-building, as well as pesticides and fertilizers from forest applications.
  • Habitat alteration/hydromodification, including increased temperature from loss of vegetation or water impoundment; turbidity from erosion caused by shoreline alteration; and increased bacteria and chemical concentrations from loss of streamside vegetation.
  • Recreation, including sewage, paint and solvents from boats.
  • Urban/suburban areas, including bacteria from failing septic systems, pet wastes and urban wildlife; erosion from construction and landscaping; lawn chemicals; road runoff; chemical spills; and increased stream temperature from loss of vegetation.

The plan lists a variety of objectives and strategies for reducing the impacts of nonpoint pollution. Among them are these ideas:

  • Complete 265 watershed cleanup plans by 2020, focusing on at least eight priority watersheds each year.
  • Respond to all complaints about water quality by confirming or resolving problems.
  • Provide grants and loans for projects designed to bring a waterway into compliance with state and federal water-quality standards.
  • Support local pollution identification and correction programs to track down pollution sources and eliminate the problems. (Kitsap County was identified as a model program.)
  • Support water-quality trading programs that allow water cleanup efforts in lieu of meeting increased requirements for industrial and sewage discharges.
  • Increase education efforts to help people understand how to reduce nonpoint pollution.
  • Coordinate with organized groups and government agencies, including tribes.
  • Continue existing monitoring programs and increase monitoring to measure the effectiveness of water-quality-improvement projects.
  • Develop a statewide tracking program for cleanup efforts with an annual goal of reducing nitrogen by 40,000 pounds, phosphorus by 14,000 pounds and sediment by 8,000 pounds.

Public comments will be taken on the plan until June 5. Three remaining public meetings are scheduled before then. For information, check out Ecology’s webpage, “Washington State’s Plan to Control Nonpoint Pollution.”