As more is learned about the impacts of urban runoff on waterways, more regulations are being developed to mitigate those impacts. These regulations are generally developed by the federal 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 the EPA, meaning it is responsible for implementing federal regulations at the state level.
DEQ has adopted two stormwater regulations that affect Albany:
Willamette River Basin TMDL
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 Albany discharges stormwater and treated wastewater to the Willamette River, we have been designated a management agency (DMA) and are required to submit a TMDL implementation plan to help restore the water quality of the river. Many elements of the plan are related to stormwater. Albany is required to provide an updated plan every five years. Albany has been increasing its efforts towards TMDL compliance each year.
NPDES MS4 Phase II
National Pollutant Discharge Elimination System (NPDES)
Municipal Separate Storm Sewer System (MS4) Phase II
All cities with populations over 50,000 must comply with the National Pollutant Discharge Elimination System (NPDES), which is managed by DEQ. Albany's MS4 permit requires a stormwater management plan specific to Albany.
2023 Stormwater Management Plan
The permit will specify many activities Albany must complete. Details of the permit and required plan are complex and generally fall under what federal rules call the six minimum control measures. Each is listed here with a link to the EPA fact sheet that describes it.
- Public Education & Outreach
- Public Involvement
- Illicit Discharge Detection and Elimination
- Construction Site Runoff Control
- Post-Construction Runoff Control (link no longer active at epa.gov)
- Pollution Prevention/Good Housekeeping
These fact sheets provide a general understanding of basic regulatory requirements for a community of Albany’s size. However, 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 a review of DEQ’s draft permits, Albany believes DEQ will attempt to impose requirements far beyond the federally identified minimum requirements.
Albany staff and legal counsel are closely monitoring the DEQ permit development process. Albany staff believes the proposed requirements are unreasonable, and we are working with various partners to communicate that to DEQ. Complying with the proposed regulations could cost Albany ratepayers an additional $1,000,000 per year. We estimate complying with reasonable requirements would cost an additional $300,000 per year.
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, it was fined $280,000 and must still fully comply with its permit requirements (DOJ Case No. 90-5-1-1-10984). Third-party citizen lawsuits can be filed to compel compliance, and criminal prosecution is a possibility if noncompliance is found to be intentional.
Visit Past Presentations and Public Meetings to view the memo, presentation, and meeting minutes in which the City Council discussed state and federal regulatory requirements.
