Silverton fined $42K for sewage violations that endangered Silver Creek aquatic life

State environmental regulators have fined the city of Silverton $42,130 for exceeding permitted effluent limits at its wastewater treatment facility, endangering aquatic life in Silver Creek.

The Department of Environmental Quality also cited the city, without a financial penalty, for repeatedly submitting incorrect water testing results.

Silverton discharges treated wastewater to the creek, which flows into the Pudding River, and to the Oregon Garden, where it is filtered through the garden’s wetlands and used for irrigation.

The city has struggled to stay within its permit limits since at least 2006.

In February 2009, DEQ issued the city a warning letter for similar violations that occurred between July 2006 and January 2008. In 2015, DEQ fined the city $20,800 for similar violations. That fine later was reduced to $19,400.

DEQ issued the city another warning letter in May 2020.

Silverton City Manager Ron Chandler did not respond to the Statesman Journal’s interview requests Thursday and Friday.

The city has appealed the fine, admitting to some of the violations, but denying others. It has asked DEQ to recalculate its fine.

Dozens of violations

In its penalty order, DEQ cited the city for exceeding permit limits for ammonia 32 times, and for total suspended solids 24 times, between May 2021 and August 2022.

Ammonia is toxic to many aquatic organisms. High levels of suspended solids can block light from reaching submerged vegetation and decrease water clarity, affecting the foraging ability of fish. High suspended solids also can block fish gills, reduce growth rates, decrease disease resistance and prevent egg and larval development.

DEQ also cited, but didn’t fine, the city for exceeding limits for E. coli bacteria.

“Exceeding these limits may adversely impact water quality and aquatic species in Silver Creek,” DEQ wrote in the order.

DEQ cited the city for performing incorrect calculations for other water quality measurements, and reporting those values to the state instead of the correct ones.

The city reported incorrect values 147 times in 2021 and 2022, DEQ said.

And the agency cited the city for failing to tell DEQ that it had exceeded its permit limits, as required by law,

In the past, city officials have blamed high-strength wastewater received from at least two local food processors for problems staying within its permit limits.

In its appeal of the latest fine, the city blames one instance of high ammonia levels on a food processor that, unbeknownst to city staff, dumped approximately 1,500 pounds of anhydrous ammonia into a 50,000 gallon load of wastewater processed by the city.

In the citation, DEQ ordered the city to submit information to the state about its enforcement efforts under the city’s voluntary industrial wastewater pretreatment program, to submit an industrial user survey to DEQ and to collect flow and effluent data from industrial dischargers.

It also has ordered the city to provide the state with copies of permits the city has issued to its industrial wastewater customers.

“DEQ is concerned because the city has repeated these effluent limit violations and the violations may result from inadequate control of industrial discharges to the city’s wastewater treatment facility,” the penalty reads.

DEQ issued 16 fines in February

The $42,130 fine against the city of Silverton was among 16 DEQ issued during February, totaling $180,987.

Other violations included a Turner drywall recycler failing to file required reports, a Eugene hemp processor failing to report hazardous wastes, and a Newport seafood processor exceeding wastewater permit limits.

Recipients can appeal their fines by requesting a hearing within 20 calendar days of receiving their penalty letter. DEQ sometimes reduces or eliminates fines after appeals.

Recipients also may be able to resolve part of their fines by completing or sponsoring an environmental improvement project instead of paying a penalty.

Here are the other penalties:

Willamette View, Portland, $32,219: For several underground storage tank violations documented during a June 2022 inspection of the retirement community. DEQ also has ordered the company to perform required testing and install release detection equipment.

Alexandra Kneeshaw, Grants Pass, $24,657: For failing to implement an erosion and sediment control plan as required by a construction stormwater permit.

Prspct Labs, Eugene, $16,800: For failing to determine whether wastes generated were hazardous, and other hazardous waste management and reporting violations, at its former cannabidiol and Delta 8 THC production laboratory.

Oregon Department of Transportation, Buxton, $15,375: For failing to develop and implement a comprehensive erosion and sediment control plan for its Mendenhall Creek culvert project, which resulted in pollution to Mendenhall and Dairy creeks. ODOT previously was cited for four similar violations.

Croman Corp, White City, $11,426: For violating the monitoring and reporting requirements of its industrial stormwater permit. The company, which operates helicopters for fire suppression, logging and construction, has had two previous water quality violations.

Airgas USA, Portland, $11,231: For failing to conduct stormwater discharge monitoring as required by its industrial stormwater permit and failing to submit timely results and changes to its pollution control plan. The company has previously been cited for seven similar violations.

Pacific Surimi, Newport, $8,500: For discharging pollutants to Yaquina Bay in excess of the limits established in its wastewater disposal permit.

Eagle Trailer Manufacturing, Portland, $6,274: For operating a trailer manufacturing facility without an air pollution permit. The facility emits volatile organic compounds and is in a designated maintenance area for ozone.

American Gypsum Recycling, Turner, $5,100: For failing to report on solid waste activities between 2018 and 2021, as required by state law. DEQ issued the penalty after the company failed to respond to a March 2022 warning letter with an opportunity to correct the violations, and a July 2022 pre-enforcement notice. The company previously was cited for a similar violation.

Lucky Auto Body, Paint and Repair, Beaverton, $1,275: For failing to submit an annual report as required by its air permit. The company did not respond to an April 2022 pre-enforcement notice. It previously was cited for a similar violation.

BelAir Auto Body, Clackamas, $1,200: For failing to submit annual report as required by its air permit. The company failed to respond a reminder email sent in March 2020, two more sent in August 2021, and a pre-enforcement notice sent in April 2022.

Herman Capital, Portland, $1,200: For failing to submit annual report for its gas station, as required by its air permit. DEQ issued the penalty after the company failed to respond to a March 2022 warning letter with an opportunity to correct the violations, and an April 2022 pre-enforcement notice.

Jono, Portland, $1,200: For failing to submit annual report for its gas station, as required by its air permit. DEQ issued the penalty after the company failed to respond to a March 2022 warning letter with an opportunity to correct the violations, and an April 2022 pre-enforcement notice.

Kramer's Auto Body & Car Stereo, Forest Grove, $1,200: For failing to submit an annual report as required by its air permit. The company did not respond to an April 2022 pre-enforcement notice.

Superior Auto Pros, Gresham, $1,200: For failing to submit its 2021 annual report, as required by its air permit. The company did not respond to an April 2022 pre-enforcement notice.

Tracy Loew covers the environment at the Statesman Journal. Send comments, questions and tips to tloew@statesmanjournal.com, 503-399-6779. Follow her on Twitter at @Tracy_Loew

This article originally appeared on Salem Statesman Journal: Silverton fined for sewage violations endangering wildlife