United States
Environmental Protection
Agency
Office of External Affairs
Region 10
1200 Sixth Avenue
Seattle WA 98101
Water
January 1981
Clean Streams
Handbook
A Citizen's Manual
for Building a
Clean Water Community
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Clean Streams Handbook
A Citizen's Manual
for Building a
Clean Water Community
Prepared by the Sierra Club with funds provided by:
The Environmental Protection Agency
and the Municipality of Metropolitan Seattle (Metro)
for Alaska, Idaho, Oregon and Washington
January 1981
Writing and Research: Ken Ensroth
Editing: Mickey Riley, Philip Morley, Dennis Wilson
Design and Layout: Kay Pitcher
Graphics: Kate Allen
Cover Photograph: Eric Meyerson
This Handbook has been financed in part with federal funds
from the Environmental Protection Agency under contract
number 6800200 and local funds from the Municipality of
Metropolitan Seattle (METRO).The contents do not necessarily
reflect the views and policies of EPA or Seattle METRO.
EPA Publication No. 910/9-80-073
Copies are available from: EPA, Office of External Afairs,
1200 Sixth Avenue, Seattle, Washington 98101; Metro Water
Quality Planning, 821 Second Avenue, Seattle, Washington 98104;
Sierra Club, Northwest Office, 4534% University Way N.E., Seattle,
Washington 98105.
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Table of Contents
Introduction How To Use This Handbook : 1
Chapter 1 The Stream Environment 3
The Importance of Clean Streams 3
Stream Ecology/ Fish Biology 4
Chapter 2 Types of Stream Pollution 6
Chapter 3 Immediate Pollution Hazards and Immediate
Actions You Can Take 9
Pollution-spotting: Tips on Field Observations 9
A Note on Land Ownership 10
Point vs Non-point Source Pollution 11
Pollution Sources 12
Point Sources 12
Erosion and Sedimentation from Construction Sites .. 13
Sewage 14
Agricultural Runoff 15
Urban Runoff '. 16
Logging 17
Mining 18
Solid and Hazardous Wastes 19
' Pesticides 20
Physical Disruption of Streams 21
Small Dams 22
Water Withdrawals and Minimum Flows 23
Geothermal Sources 24
Oil and Hazardous Spills 25
Phone Calls: To Help Make Your Call Productive 26
Tips on Letter Writing 26
Chapter 4 Long-range Solutions to Pollution Problems 29
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Appendix A Agency Listings 35
Appendix B Additional Organizations to Contact about
Water Pollution 42
Appendix C The Laws 43
Local Laws 43
State Laws 44
Water Rights 44
Pesticide Registration 45
Logging 46
Solid and Hazardous Wastes 46
Alaska 47
Idaho 47
Oregon 48
Washington 49
Permit Information Centers 50
Federal Laws 51
Clean Water Act 51
Safe Drinking Water Act 53
Toxic Substances Control Act 53
Resource Conservation and Recovery Act 54
Federal Insecticide, Fungicide and Rodenticide Act... 54
National Environmental Policy Act 55
A Note on Federal Permits 55
Appendix D Additional Publications on Streams
and Pollution 56
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Introduction
Introduction
How to Use this Handbook
This Handbook is intended for use by anyone who cares about
streams and wants to know: How can I attain and maintain a
clean stream? It is a tool which identifies types of water pollu-
tion, immediate and long-term corrective actions and pollution
control laws and agencies.
When confronted with an immediate water pollution control
hazard:
1. Read Chapter 2, Types of Stream Pollution to determine
what type of pollution that hazard is and check the possible
sources.
2. Turn to Chapter 3, Immediate Pollution Hazards and
Immediate Actions You Can Take and find the table for the
pollution source you suspect is causing the problem.
3. Use the table on that pollution source to find out what the
applicable laws are in your state, what the contact agency is
for each law and what you can do. The addresses and phone
numbers for water pollution control agencies in the Northwest
and Alaska are listed in Appendix A.
For more details on the laws and what they cover, turn to
Appendix C. For helpful ideas on how to go about taking
action on pollution hazards, see the following sections in
ChapterS: Pollution-spotting: Tips on Field Observations,
Phone Calls: to Help Make your Call Productive and Tips on
Letter Writing.
If you're faced with a long-term or recurring stream-pollution
problem, and you aren't sure what to do, read Chapter 4,
Long-range Solutions to Pollution Problems.
Lastly, when using this Handbook, enjoy it or enjoy the
process. Helping to maintain clean streams in our country can
be challenging and informative — to say nothing of the satis-
faction you'll feel knowing you've made a contribution to your
environment and community.
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Chapter 1
Chapter 1
The Stream Environment
The Importance of Clean Streams
Fish Many streams in the Northwest and Alaska support resident or
anadromous (migratory) fish populations. Sport and commer-
cial fisheries provide food, recreation and a boost to the
economy. Abundant salmon runs feed wildlife populations
and contribute to the biological productivity of the region as
a whole.
Wildlife Streams and stream-side (riparian) vegetation provide food
and habitat for a wide variety of wildlife species further
benefitting the surrounding ecosystem.
Public Health Streams that are severely polluted can be dangerous to public
health. Sewage can carry infectious diseases, and repeated or
prolonged exposure to toxic chemicals in water can cause
serious health problems and has been linked to cancer.
Flood Control Most streams help prevent flooding by "absorbing" heavy
rains in their meandering courses and associated wetlands.
Quality of Life All of the above benefits improve the quality of our daily lives.
Well-maintained streams provide visual beauty as well as the
opportunity to appreciate and partake of our natural
environment.
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Chapter 1
Stream Ecology / Fish Biology
Moving Water: a Transient
Environment
Green Lands: the Sponge
Effect
Living in moving water poses unique problems for aquatic
organisms since they are constantly being pushed down-
stream. Because of this, most streams are fairly low in primary
productivity (i.e., they grow few plants). Insects and fish in
streams must usually depend on outside food sources, such as
insects and plant materials that fall into the stream. Thus,
streams with their generally cold temperatures become rather
difficult places to live, occupied only by specially-adapted
organisms. One example is the stonefly larva, with its flat body
and clinging forelegs which allow it to hold its ground in fast
water. Due to these natural stresses, stream organisms are
quite sensitive to pollution impacts, and are a good "gauge"
of stream water quality.
One advantage of moving water is that, if the polluting activity
stops, clean water will come down to flush out the polluted
area. But the damage to aquatic organisms is usually done
quickly and repaired slowly.
Water in streams comes from rainfall running off of the lands
around it. Vegetation and soil act as a sponge and the rain
water soaks directly into the porous ground or trickles down
plant roots. Growing plant roots make soil less compacted
providing channels for water to travel through.
Like a sponge, vegetated soil soaks up water and releases it
over time as the water slowly works its way through the
myriad of microscopic channels or is taken up and transpired
by plants. For Pacific Northwest-type rains, interception by
evergreen vegetation is important for lowering or delaying
peak runoff flows.
Land covered with a water barrier, such as asphalt, concrete,
buildings or other impermeable surfaces can't absorb any
water and runoff is fast and high in volume. Imagine tipping a
piece of concrete under a faucet versus a piece of sod-grass.
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Chapter 1
0335
\
Salmon Life Cycle
Smofcts
The resulting rush of water from impervious surfaces can
cause flooding and scouring of streambanks and wash out fish
and insects or their habitat. Pollutants lying on the top of
impermeable surfaces, like car oil, are washed into the stream
and can also harm aquatic organisms. Moreover, impervious
surfaces reduce ground water recharge and the slow contin-
uous release of water to maintain stream flow.
Salmon and Clean
Streams
Salmon are not only a symbol of the beauty of the Pacific
Northwest, they are also valuable in terms of our recreation
and economy. Salmon were on the planet long before humans
and their pollution appeared. Their continued existence
requires clean streams for the following reasons:
Basic metabolism: they have rather narrow oxygen, pH and
temperature limits;
Food: they depend on insects that have adapted to clear
moving waters;
Migration: they need an uninterrupted flow of water for their
journey to and from ocean waters;
Spawning: their eggs must be laid in clean gravel so that the
eggs and fry will be protected from predators and water can
flow through to provide oxygen;
Rearing: the stream must have a mix of pools and riffles to
provide resting and feeding areas. Eggs and fry are especially
vulnerable to pollutants.
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Chapter 2
Chapter 2
Types of Stream Pollution
Siltation Siltation is caused by fine particles of dirt that become
suspended in runoff waters and subsequently washed into
streams and deposited on stream bottoms.
How to recognize: Look for cloudy or muddy water, sandy or
dusty gravel, mucky stream bottoms or deposits of silt.
Stream impacts: Silt can fill in the spaces in the gravel of
spawning beds, taking away sites for adult salmon to spawn
or suffocating already spawned eggs or fry. Silt harms insects
and microorganisms through direct kill and habitat disruption.
The abrasive character of silty water can damage fish gills and
plants, and scour or break down streambanks causing further
siltation downstream,. Streams filled with silt flood more often
and with more damaging effects.
Possible sources: Erosion and sedimentation from construc-
tion sites; agricultural runoff, urban runoff, logging opera-
tions, mining operations, and physical disruptions of streams.
Flow Flow increases or decreases caused by human activities can
have serious adverse effects on the stream ecosystem.
How to recognize: The flooding of a stream even after
moderate rainfall. Banks are broken down or gullied or there is
increased stream meandering. The stream may practically dry
up in the warm summer months.
Stream impacts: Excessively high flows can damage fish and
other aquatic organisms either by direct kill or habitat disrup-
tion. Stream channels may be damaged, leading to sedimen-
tation downstream. Flooding can cause property damage.
Low flows can strand young salmon, block migration, kill
insects, and may contribute to higher stream temperatures.
Possible sources: Urban runoff; physical disruption of streams
and surrounding vegetation, including the filling of wetlands;
and water withdrawals that cause low flows.
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Chapter 2
Nutrients All plants require a certain quantity of nutrients, minerals and
organic compounds in order to grow. However, when these
materials are present in excessive amounts it can cause
nutrient pollution.
How to recognize: Luxurient growth of plants and algae. In
later stages, much dead and decaying plant material, often
accompanied by a foul odor.
Stream impacts: A large input of nutrients to a stream can
cause a boom in plant growth, particularly algae, since the
growth of aquatic plants is normally limited by scarce nutri-
ents. The algae later die in mass quantities when the nutrients
are used up. Bacteria which break down the plant material
require oxygen and can deplete the stream's oxygen, literally
suffocating fish and other aquatic organisms. In addition, the
dead plant material can become a bio-sediment problem,
filling in gravel spaces.
Possible sources: Point discharges; fertilizers and animal
wastes in agricultural and urban runoff.
Physical Disruption
Physical disruption can be defined as changing the streambed
or channel in any way, from digging holes in the stream
bottom to rerouting the stream course.
How to recognize: Any major disruptions should be fairly easy
to spot, with exposed earth, construction works or other
evidence of abrupt man-caused change. Downstream, sedi-
mentation may also be evident.
Stream impacts: In addition to sedimentation impacts, there
may be significant aquatic habitat disruption, damage to
streambanks and hydrological (flow) changes.
Possible sources: Heavy equipment for logging or construc-
tion operations; installation of culverts for road crossings;
dredge and fill operations; dredge mining; diking, riprapping,
changing stream course; homeowner landscaping; livestock in
streams; and other physical disruptions.
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Chapter 2
Toxics Toxics are substances that chemically damage living
organisms — literally, poisons.
How to recognize: Toxic pollution is often hard to recognize in
the field without chemical testing equipment, unless the
' impacts are severe. Look for fish kills, discoloration of water,
"barren" stream bottoms with few or no insects, strange
smells, dying or dead plants in the riparian zone or other
abnormalities.
Stream impacts: Toxics may kill fish and other aquatic
organisms immediately, hurt their ability to reproduce or
weaken their resistance to disease and predation. The migra-
tory abilities of anadromous fish may be weakened and people
eating fish containing toxics may suffer health problems.
Possible sources: Pesticides from agricultural runoff, logging
operations and other sources; drainage from mining opera-
tions or solid and hazardous waste dumps; geothermal
sources; point sources; and oil and hazardous substances
spills.
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Chapters
Chapter 3
Immediate Pollution Hazards and
Immediate Actions You Can Take
Pollution-spotting: Tips on Field Observations
Enforcement of existing pollution laws, and demonstration of
the need for new ones may depend on how much information
you can bring to bear on a pollution situation. This means
close observation and detailed reporting. And since streams
are a moving medium, the pollution you see may not be there
in an hour (though the effects may linger). Thus, your
immediate recording of the event, both in pictures and
detailed notes, can be critical.
Get in the habit of carrying a pencil and a piece of paper.
When you see a stream pollution or disruption incident jot
down some notes. If you don't have writing materials with
you, write down the details as soon as you can, while they're
. still fresh in your mind. Important things to note are:
1. The exact location. Be as specific as you can. Check a map
of the area for the township and section number.
2. The name of the stream.
3. The time and date.
4. A brief description of what you see: color of water,
condition of stream bottom, flow, any dead fish or animals,
smell (don't taste the water), and other details.
5. The source of the problem. Investigate upland if you can,
but do not trespass. What is the adjacent land activity?
6. The name of individuals involved.
7. Weather conditions: has it been raining?
8. Any other relevant details you can observe.
If you have a camera with you, take a picture and note the
exact time.
Make sure your notes are clear. Check this handbook or
another reference source for what laws may be applicable. As
soon as possible, call the agency you think most appropriate
(see Phone Calls: to Help Make Your Calls Productive).
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10 Chapters
A Note on Land Ownership
For most pollution problems, and especially for those caused
by runoff from non-point sources (see Point vs Non-point
Source Pollution), who owns the land has a great deal to do
with what laws apply and what can be done. Publicly-owned
lands, such as parks or forest lands, are managed by state or
federal agencies. Those agencies may place more stringent
conditions or regulations on activities on those lands beyond
the state and federal pollution laws. Contact the management
agency for details. If you are unsure of who owns a piece of
land, consult a map, or call the county planning department.
Ownership of the streambed \s normally retained by the local
property owner. If a person owns property on both sides of
the stream, he owns the whole streambed. If the stream is the
property line, he owns the streambed to the halfway point
between the two banks. However, ownership does not mean
complete freedom to do whatever he wants, since the water
itself belongs to the public (see below: Physical Disruption of
Streams).
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Chapters 11
Point vs Non-point Source Pollution
When trying to decide whether an activity constitutes a
"point" or "non-point" source of water pollution, a basic
guideline is whether you can actually point to a single source,
such as a pipe or a ditch. If you can, it is a point source. If you
cannot, and the pollution comes from many points (i.e., the
source is spread out), as with an agricultural field, a logging
area or a parking lot, it is a non-point source.
Generally, pollution abatement of point sources uses some
treatment technology at or before the point of discharge,
either chemical or biological. All point sources must obtain an
NPDES permit for their discharge (see Appendix C: The
Laws).
Pollution abatement of non-point sources usually requires
changing the extent or method of a land-based activity, for
example using contour plowing on sloped agricultural fields.
These changes are often called "best management practices"
(BMPs) since they detail the best way to practice an activity in
order to minimize pollution. BMPs are usually developed
through a process of 208 Water Quality Planning (see Appen-
dix C: Clean Water Act - Section 208).
In some cases, a pollution source can be both a point and a
non-point source. Parking lot runoff can collect sediment and
oil spread out over its surface, but when a storm drain collects
that runoff and pipes it into a stream, it becomes a point
source.
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12
Chapter3
Pollution Sources
Point Sources
What to look for
Discoloration of water
traceable to one discharge
point
Smell, excess algae
Dead fish, plants or animate
Pollution effects (types)
Siltation
Nutrients
Flow
Physical disruption
Toxics
Possible sources
Industrial plants
Cattle or dairy feed lots
Storm drains from urban runoff
Mining operations
Geothermal sources
Others
Applicable laws
Section 301 of Clean Water
Act: NPDES permits (see
Appendix C)
Contact agencies
Alaska: Dept. of Environmental conservation, or EPA State
Operations Office
Idaho: Dept. of Health and Welfare, or EPA State Operations Office
Oregon: Dept, of Environmental Quality
Washington: Dept. of Ecology
What you can do
Report discharges that are pollution hazards to
contact agency
Write letter to agency to document
Comment on permit application or renewal
during public review period
Ask for a public hearing
Pollution abatement methods
Chemical or biological treatment of wastewater
Composting or land application of nutrients
Recycling and recovery of usable materials
Redesign of waste-producing process
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Chapters
13
Erosion and Sedimentation from Construction Sites
Grading and clearing operations can leave exposed soil.
Rainfall can then wash it off the site into nearby streams.
Improper washing of cement trucks can also pollute streams.
What to look for
Cloudy, silty water
"Dusty" looking stream
Gravel
Erosion gullies or trail of dirt
from work-site
Pollution effects (types)
Siltation
Damage to aquatic habitat
Mortality to aquatic organisms
Stream scouring
Flooding
J_
Possible sources
Residential developments
Site clearing for homes
Commercial construction
Road building associated with
construction
Applicable laws
City or county grading and clearing ordinances
(see Appendix C)
State Water Quality Standards (if severe}
Contact agencies
City or county planning or public works
department
Statewide water quality management agency
What you can do
Talk to construction site manager
Report pollution hazards to lead agency
Work for passage of new ordinance (see Chapter
4, Long-range Solutions to Pollution
Problems)
Pollution abatement methods
Leaving green areas to act as runoff filters
Placing hay bales or nylon mesh across slope as
silt dams
Using temporary retention ponds to hold
runoff, letting silt settle
Grading across slope line
Planning construction for dry season, minimizing
time soil is left exposed
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14
Chapters
Sewage
Sewage disposal problems, and the effort and money
required to solve them, increase with population density.
The ability of the land to handle nutrients and liquids from
sewage varies but it is finite. When the land and disposal
facilities are overloaded, systems fail and leak or overflow,
leading to sewage contamination of streams and ground
water.
What to look for
Algae blooms
Smell, discoloration of water
Seeping or trickling liquid
(usually amber-colored)
near homes
Pollution effects (types)
Nutrients
If severe, can be a public health
hazard
Possible sources
Septic tanks and drainf ields
Community sewage systems,
or "package treatment
plants"
Overflows from combined (i.e.,
both domestic and storm-
water) sewers during or after
heavy rainfall
Applicable laws
County health code
Other county ordinances
State Water Quality Standards
State or local 208 Water Quality Plan
Section 201 of Clean Water Act
Contact agencies
County health department
Statewide water quality management agency
Statewide or areawide water quality
management agency
EPA State Operations Office
What you can do
Report pollution hazards to agency (start with
county health department)
Ask state and areawide agencies about priority
of sewage cleanup for your area in state and
areawide 208 Water Quality Plans
If necessary, contact EPA regarding sewage
treatment systems
Pollution abatement methods
Maintenance of home septic systems
Pumping tanks regularly; inspection and repair
of drainfields
Construction of regional sewage collection and
treatment systems
Separation of combined sewers
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Chapter 3
15
Agricultural Runoff
The type and extent of pollution problems associated with
agricultural runoff vary widely with the region, climate and
kind of agricultural activity.
///•
What to look for
Muddy water or signs of
sedimentation
Nutrient, toxic pollution
Pollution effects and their sources
Sedimentation, pesticide (toxic) and fertilizer (nutrient)
contamination from plowed fields
Nutrient contamination from livestock areas (dairy and feedlots)
Physical disruption of streambanks from grazing livestock
Applicable laws
Irrigated and plowed fields: best management
practices (BMPs) developed under Statewide
208 Planning
Feedlots: NPDES permit for any discharge to
stream
Contact agencies
U.S.D.A. Soil Conservation Service
Local Soil and Water Conservation Districts
Statewide water quality management agency
Alaska and Idaho: EPA State Operations Office
Oregon: Dept. of Environmental Quality
Washington: Dept. of Ecology
What you can do
Report pollution hazards to Soil Conservation
Service or local Conservation office, and if
severe, to statewide water quality agency
Report discharges to agency
Write letter; comment on any permit application
or renewal
Pollution abatement methods
Irrigation: regulate amount, time of year of flow
in ditches, change routes
Plowed fields: use contour plowing across slope;
plant all fallow fields with cover crop
Livestock areas: install and maintain drainage
system; recycle nutrients as fertilizer; fence
animals out of streams
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16
Chapters
Urban Runoff
Urban runoff is a relatively new, but increasingly widespread
problem, that is all too often dealt with in retrospect (i.e.,
after an area is developed). Problems are caused by rain
hitting impervious surfaces, running off quickly, and taking
with it dirt and chemicals (car oil, heavy metals from
exhaust). Industrial and lawn chemicals and animal wastes
may also contaminate runoff.
What to look for
Heavy flooding even in
moderate rains; damage to
stream channel
Signs of sedimentation:
cloudy water, dusty gravel,
silt deposits
Excess algae or other plant
growth
Pollution effects (types)
Toxic and nutrient pollution
Sedimentation
Flooding and scouring of
streambanks from high flows
Possible sources
Streets, parking lots; any
developed area with a lot of
impermeable surfaces
Residential and commercial
developments
Applicable laws
Comprehensive drainage plan for city or county;
provision for purchase of land for retention
basins, other capital improvements
Statewide Water Quality Standards drainage
control ordinance: place requirements on new
developments to install retention/detention
facilities; limit runoff rate from property
Contact agencies
City or county planning or public works
departments
Areawide or statewide water quality
management agency
What you can do
Contact city or county planning or public works
department, or areawide or state water quality
agency
Find out status of drainage control laws, existing
or planned, in your area
Write letter to city/county councils/
commissions, recommending passage of
drainage control ordinances
Pollution abatement methods
Stormwater retention ponds or catch basins,
where runoff is held and released slowly;
sediments and some pollutants settle out and
groundwater is recharged
Urban areas: stormwater retention in sewer
pipes, roof tops, parking lots, porous pave-
ment, planted areas in parking lots
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Chapters
17
Logging
The extent of pollution problems from logging operations
varies widely with soil, climate, terrain and operation.
What to look for
Sedimentation; mud and debris
slides
Nutrient, toxic pollution
Debris in streams
Damage to streambed or bank
Pollution effects/sources
Erosion and sedimentation from improper road construction and
siting is the biggest pollution problem
Improperly designed or poorly maintained stream and drainage
culverts lead to flooding, sedimentation and debris in streams
Culvert installation or debris left in streambeds may cause physical
disruption
Erosion and sedimentation from harvest sites
Cut areas may expose stream to sun, causing excessive warming
and harming fish and insects
Forest chemicals (insecticides, herbicides, fertilizers) may cause
toxic pollution
Applicable laws
Alaska: State Forest Practices Act (new, not yet
implemented)
State Water Quality Standards
Title 16 (work in streams affecting
anadromous fish)
Idaho: State Forest Practices Act
State Water Quality Standards
Stream Channel Protection Act
Oregon: State Forest Practices Act
State Water Quality Standards
State code (fill or removal of more than 50
cubic yards of material)
Washington: State Forest Practices Act
State Water Quality Standards
Hydraulics Project Approval
Contact agencies
Alaska: Dept. of Natural Resources
Dept, of Environmental Conservation
Dept. of Fish and Game
Idaho: Dept. of Lands
Dept. of Health and Welfare
Dept. of Water Resources
Oregon: Dept. of Forestry
Dept. of Environmental Quality
Division of State Lands
Washington: Dept. of Natural Resources
Dept. of Ecology
Dept. of Fisheries
Dept. of Game
What you can do
Report pollution hazards to lead agency — give
exact location, other details
Write letter to agency for documentation
Get copy of State Forest Practices Act, Rules
and Regulations; become familiar with basic
provisions for future field trips
Pollution abatement methods
Planning roads to fit topography; avoiding
erosion hazard areas
Planning road building and instream work for
dry season
Proper design of culverts
Cleaning up debris
Minimizing harvesting and heavy equipment use
on steep or erosion-prone slopes
Leaving uncut buffer strips along streams
Leaving unsprayed buffer strips along streams
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18
Chapter 3
Mining
Most mining-related pollution problems in the Pacific
Northwest are associated with placer mines, sand and gravel
operations, and dredge-mining. There are also some
problems with acid-mine drainage from old coal and other
mines.
What to look for
Cloudy water; dusty gravel
Scouring of streambanks
Dead fish; discolored water
Dredging or other heavy
equipment in or near stream
Discharge traceable to mining
operation
Pollution effects
Acid-mine drainage: severe
toxic pollution
Others: sedimentation;
physical disruption; nutrients
Possible sources
Sand and gravel operations;
dredge mining for gold;
placer mines for gold or
other minerals
Tailings ponds or waste dumps
from mining operations
Drainage from mining pits or
trenches
Applicable laws
Alaska
NPDES permit (point discharges)
Title 16 (work affecting anadromous fish)
Water rights
Idaho
NPDES permit (point discharges)
Dredging permit
Oregon
NPDES permit (point discharges)
State code (fill or removal of more than 50
cubic yards of material)
Shoreline permit
Washington
NPDES permit (point discharges)
Hydraulics Project Approval (work in streams)
Shoreline permit
All states
Dredge and fill permit (Clean Water Act —
Section 404)
Contact agencies
Alaska
EPA State Operations Office
Alaska Dept. of Fish and Game
Alaska Dept. of Natural Resources
Idaho
EPA State Operations Office
Idaho Dept, of Water Resources
Oregon
Oregon Dept. of Environmental Quality
Oregon Division of State Lands
County planning department
Washington'
Washington Dept. of Ecology
Washington Dept. of Fisheries and Dept.
of Game
County planning department
Allstates
U.S. Army Corp of Engineers
What you can do
Contact lead agencies; find out
if permit is issued; if pollution
severe, ask for on-site
inspection
Write letter to agency
Write comment letters on any
permits applied for
Pollution abatement methods
Settling ponds for runoff
Careful siting of waste dumps, mines; provisions for drainage
control; chemical treatment of wastewater
Avoidance of spawning periods during dredge mining
Reclamation of mined areas; replanting vegetation
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Chapters
19
Solid and Hazardous Wastes
The improper disposal (dumping) of toxic chemicals or other
hazardous wastes from manufacturing, and the subsequent
contamination of ground and surface waters is now recog-
nized as one of the most dangerous and widespread environ-
mental problems we face. Solid waste dumps and landfills
may also contain toxic chemicals in trash that may leach into
streams and ground water. Illegal "midnight dumping" is
increasingly common. The dumping of trash or refuse
directly into stream channels may disrupt flow, damage
banks and cause toxic or nutrient pollution.
What to look for
Signs of toxic pollution;
unusual health problems
Suspicious activity near
industrial sites; strange
trucks dumping material in
woods or empty lots, espe-
cially at night; pits or lagoons'
with strange looking mate-
rials in them
Oozing liquid from dumpsites
Pollution effects (types)
All possible effects of toxics
on streams
Nutrient pollution
Health effects on local resi-
dents from contamination of
drinking water supplies
Possible sources
Disposal sites for manufac-
turing and industrial wastes
Landfills, waste dumps
Illegal dumping of wastes
Refuse dumping in or near
streams
Applicable laws
All states
Resource Conservation and Recovery Act
(RCRA)
Alaska
State solid waste law
Oregon
State solid waste law
Washington
State solid waste law
Contact agencies
At/states
EPA, Region 10 Office
Alaska
Alaska Dept. of Environmental Conservation
Oregon
Oregon Oept. of Environmental Quality
Washington
Washington Dept. of Ecology
What you can do
Report all illegal dumping or
suspicious activities to EPA
or state solid waste agency
Report problems with dumps
or landfills to state solid
waste agency
Pollution abatement methods
Reprocessing or reuse of wastes for industrial or other uses
High temperature incineration
Carefully monitored long-term storage
Drainage collection and treatment system for dumps
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20
Chapter 3
Pesticides
Pesticides are used in a wide variety of situations, including
agriculture, silviculture, roadside vegetation management,
and home lawn and garden use, for the control of pest
(unwanted) plants or animals. Pesticides become a water
pollution problem when they get into streams through runoff
or inadvertent direct application.
What to look for
Fish kills; decrease in insect
populations
Health effects
Pesticide residue in water
samples (agency testing)
Pollution effects (types)
Toxic effects on fish and
aquatic organisms
Possible contamination of
drinking water supplies
Possible sources
Roadside vegetation management
(spraying)
Agricultural, silvicultural operations
Domestic lawn and garden use
Other pest control programs
Applicable laws
All states
Federal Insecticide, Fungicide and Rodenticide
Act(FIFRA)
State Forest Practices Acts
BMPs under 208 Water Quality Plan
Idaho, Oregon, Washington
State pesticide registration law
Contact agencies
Idaho, Oregon, Washington
State Department of Agriculture
Alaska
Alaska Dept. of Environmental Conservation
What you can do
Report all incidents of improper use, disposal of
pesticides to FIFRA lead agency and EPA
Write letter to agencies with exact details;
request investigation and a response; follow
up
Recommend to EPA and/or state agency a
change in registration of pesticide
Pollution abatement methods
Use of Integrated Pest Management techniques
to minimize quantity applied, maximize effec-
tiveness, or develop biological pest controls
Use of buffer strips along streams during aerial
spraying
Use of ground application only
Careful procedures during application and
disposal
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Chapter3
21
Physical Disruption of Streams
Any activity that alters streambed or banks may disrupt the
stream ecosystem. Impacts vary. See Chapter 2: Types of
Stream Pollution, for a discussion of the pollution effects of
physical disruption.
What to look for
Heavy equipment in or near
streams and wetlands; signs
of construction work
Legal notices; other announce-
ments in paper or posted
locally
Exposed earth, cloudy water in
streams, dusty gravel, piles
of mucky material (dredge
spoils)
Pollution effects (types)
Sedimentation
Disruption of aquatic and
riparian habitat
Possible sources
Heavy equipment in streams
for logging or construction
operations
Dredge and fill operations for
deepening channels, con-
struction of marinas, docks,
other activities
Installation of culverts for road
crossings
Dredge mining for gold, other
minerals (see Mining)
Diking, riprapping, changing
stream course, etc.
Applicable laws
At/states
Dredge and fill permit (Clean Water Act,
Section 404)
NPDES permit (point discharges —
sometimes)
Alaska
Title 16 (work affecting anadromous fish)
Idaho
Stream Channel Protection Act (work in
streams)
Oregon
State code (fill or removal of more than 50
cubic yards of material
Washington
Hydraulics Project Approval (work in streams)
Contact agencies
A/1 states
U.S. Army Corp of Engineers
Alaska
Alaska Dept. of Fish and Wildlife
Idaho
Idaho Dept. of Water Resources
Oregon
Oregon Division of State Lands
Washington
Washington Dept. of Fisheries and Game
Washington Dept. of Game
What you can do
Contact lead agency; find out if permit issued;
if pollution or disruption is severe, ask for on-
site inspection as soon as possible
Write letter to agency to document the incident;
follow up
Write comment letters on any permits applied for
Pollution abatement methods
Reduce size of disruption; time the work for low
stream flows; avoid fish spawning and
migration periods
Plan work to minimize activities in streams
Don't do work
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22
Chapter3
Small Dams
While small dams are principally used for irrigation and other
water withdrawals, there has also recently been more
interest in the Northwest in so-called "low-head hydro":
hydroelectric generation on a small scale for local consump-
tion, using small turbines in low dams.
What to look for
Public notices in local papers;
legal announcements; notice
posted in area
Signs of construction or
withdrawals
Pollution effects (types)
If the dam is high enough, it
may block fish passage
Pooling of water can cause rise
in temperature from longer
exposure to sun
Withdrawal can lead to low
flow problems
Dam construction can cause
physical disruption of stream
Possible sources
Irrigation dams for agriculture,
gotf courses, commercial or
domestic uses
Small dams for hydroelectric
generation
Applicable laws
Allstates
Same laws as applicable to Physical Disruption
(see above)
Alaska
Plan review for dam construction,
modification
Oregon
Plan review if dam more than 10 feet high, will
generate more than 75 kilowatts
Washington
Plan review for dam safety
Contact agencies
AH states
U.S. Army Corp of Engineers
Alaska
Alaska Dept. of Natural Resources
Oregon
Oregon Dept. of Water Resources
Washington
Washington Dept. of Ecology
What you can do
Contact lead agencies; find out all you can about
proposed dam
Write letter to agency
Write comment letters on permits applied for
Pollution abatement methods
Satisfy need for dam with other available
alternatives (e.g., energy or water conserva-
tion, alternative generation)
Designing dams to allow for fish passage
Minimize withdrawal impacts on stream flows
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Chapters
23
Water Withdrawals/Minimum Flows
When too much water is withdrawn from a stream, this may
result in excessively low flows which damage aquatic
organisms and their habitat.
What to look for
Evidence of low flows/disruption
Public notices in local papers; legal
announcements
Possible sources
Irrigation withdrawals for agriculture, golf
courses, domestic uses
Withdrawals for commercial, industrial uses
Pollution effects
Damage to fish and other
aquatic organisms and their
habitat
Applicable laws
Alt states
Water rights taw
Oregon, Washington
Establishment of minimum
flows for stream
Contact agencies
Oregon: Dept. of Environ-
mental Quality
Washington: Dept. of Ecology
What you can do
Contact lead agency; make sure withdrawal is not exceeding wate/
right permit
In Washington and Oregon find out if stream has minimum flow
provisions; if not, can it be designated for establishment of a
minimum flow level?
In Alaska and Idaho, write state legislature recommending passage
of minimum flow law
Pollution abatement
methods
Use water conservation
practices or alternative
methods for the activity
Reduce impacts on fish by
minimizing withdrawals
during migration or
spawning
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24
Chapter 3
Geothermal Sources
While not widespread in the Northwest, geothermal sources
for energy and hot water are used presently in Idaho, and are
being closely investigated in other states, as the costs of
energy go up.
What to look for
Public notices in local paper; legal
announcements
Signs of construction
Possible sources
Great variety; found only in certain geological
areas
Pollution effects (types)
Poorly understood — depends greatly on type,
quality of geothermal source, whether is
super-heated steam or luke-warm water
Liquid or steam may be caustic or acidic or
contain heavy metals, toxic chemicals or
nutrients; risk of leakage to streams
Possible waste-disposal problems after use
Possible disruption of underground hydrology,
causing slumping, disruption of stream flow
Applicable laws
All states
NPDES permit for any point discharge (see
Point Sources)
Laws applicable to any physical disruption
(see above)
Contact agencies
Alaska
Alaska Dept. of Environmental Conservation
Idaho
Idaho Dept. of Health & Welfare, Division of
Environment
Oregon
Oregon Dept. of Environmental Quality
Washington
Washington Dept. of Ecology
What you can do
Contact state water quality agency or EPA
Write comment letters on any proposed major
development of geothermal source
Pollution abatement methods
Careful development of geothermal source
May need chemical treatment of wastewater
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Chapter 3
25
Oil/Hazardous Spills
With the tremendous number of tanker-trucks, barges, and
train cars shipping gasoline, oil, industrial waste products,
and toxic chemicals, and the huge number of transfer oper-
ations of these substances to and from manufacturing and
storage operations, spills are inevitable. But the extent of the
spills and the pollution problems can be reduced through
concerted action.
What to look for
Strange looking or smelling
slicks on water surface, or
mixed in water, on shores
Fish kills; other wildlife or plant
mortality
Pollution effects (types)
Variety of toxic chemical
effects on stream organisms
and people; can have fire
damage if spill is flammable
Possible sources
Overturned tank trucks,
ruptured storage tanks, leaks
from gasoline stations, acci-
dents at chemical manufac-
turing plants, railroad
derailments
Illegal dumping of wastes
Applicable laws
Many sanctions, depending on spill location
Clean Water Act
Resource Conservation and Recovery Act (RCRA)
Toxic Substances Control Act (TOSCA)
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
Safe Drinking Water Act
Contact agencies
See Appendix A: Agency
Listings under oil/hazardous
spills, or
Call EPA State Operations
Office
What you can do
When you see a spill,
immediately call nearest
response team or EPA (see
Appendix A).
Pollution abatement methods
Most important is containing and picking up the spill; technology
varies with location and type of spill: boom may be placed across
stream, spill vacuumed, spill that sinks may require dredging
Spill response teams may have variety of technologies
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26 Chapters
Phone Calls: to Help Make Your Call Productive
1. Call your local agency or representative first, then the state,
then federal.
2. Plan your presentation. Give a brief and well-organized
report. Make some notes and a list of questions, or just go
over it in your mind, but know what you want to say. Write
down the person's name and keep it for future reference.
3. fie as specific as you can. When you are reporting a
pollution hazard, give exact details on what, where, when and
who. When you're requesting information or documents, try
to cite specific references, names or titles. If you're making a
recommendation, give constructive suggestions your listener
can follow through on.
4. Be persistent. Get a commitment from the listener to take
some specific action. Don't accept verbal promises; get them
in writing.
5. Be patient. Remember that what you have to say is worth
saying to the right person.
6. fie courteous. You may be upset, but a courteous and
friendly approach is more likely to get results. Turning off your
listener may turn off your solution.
Tips on Letter Writing
Everything government does, and almost everything it thinks,
is motivated and directed by paperwork. The ultimate reasons
for this is that our legal system is based on the written word,
not the spoken promise. "Get it in writing" certainly applies to
cleaning up streams.
Whether you are requesting information, reporting an
incident, or requesting some specific action, your concerns
become much more tangible to agency staff or elected
officials when they are expressed in writing. Most government
agencies are required to respond to letters. Responding to
constituents' letters is one of the ways an elected repre-
sentative can be of service and show attention to an indi-
vidual's concerns. Letters you send and receive give you legal
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Chapter 3
27
documentation of who said what, when. Always keep a copy
of your correspondence on your stream for future reference.
The following are some general guidelines for letter-writing:
Who to write Check Chapter 3, Immediate Pollution Hazards, under the
specific pollution source for applicable laws and appropriate
agencies to contact. Write your local agency or representative
first, then state or federal if necessary. When writing to your
elected representative, choose the level of government that
corresponds to the law (i.e., county council/commission for
county ordinances, U.S. Congress for federal laws). If pos-
sible, make a phone call to get the name of a specific individ-
ual. It will speed up their reply, and it will probably net you a
better response.
Length Make your letter as short as you can and still include all
relevant details — ideally two pages or less. The quicker the
person can read and comprehend your letter, the quicker he or
she can start to do something about it. Use separate fact
sheets, tables or copies of articles to keep the basic letter brief.
Content State the reason for your writing (e.g., "I am writing to you
because of my concern about the increasing pollution of
Colter Creek."). Make reference to any previous contact you
had with this person (e.g., "as per our phone conversation on
July 25th"). State what it is you saw or heard about (e.g., a
major mudslide or a proposed shopping mall), where it is (be
as specific as possible), when it happened or is planned, and
who was involved. Try to get this basic information into the
first paragraph or two. (Writing an outline beforehand of the
problem, solution and desired action will help organize your
letter so it reads smoothly and efficiently.)
In the rest of the letter, give added details and background
information. State what you think is wrong, or what you
believe is the impact of the pollution threat. If possible, cite
relevant pollution laws. Include copies of any pictures you
have to give visual evidence of the problem.
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28
Chapter 3
Complete the letter with what exactly you want the person to
do: send you information, check on a permit, take enforce-
ment action, sponsor a local ordinance, etc. If the person
made a previous commitment to do something, mention that
commitment in your letter. Request a timely written reply.
Don't accept verbal promises as final.
Tone Write a letter that you would like to receive yourself. Give
constructive comments or recommendations (i.e., speak in
favor of stream protection, not in opposition to any project).
Keep in mind who your reader is and the effect you want to
achieve.
Follow-up Always keep a copy of your letter for your records for future
reference.
If you have trouble getting a response, write to the next higher
authority — your city or county council/commission represen-
tative in the case of a local agency; your state legislator or EPA
in the case of a state agency; EPA Region 10 in the case of a
state water quality agency or federal agency; or your U.S.
representative or senator in the case of EPA or other federal
agencies. Include copies of your previous correspondence,
and ask for assistance in obtaining the information. But don't
"bump-up" your inquiry until you've exhausted the most
direct route.
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Chapter 4
29
Chapter 4
Long-range Solutions to
Pollution Problems
In this section are listed some suggestions for things you can
do for the long-term cleanup/ protection of your stream. The
list is intended as a starting point not a prescription, since each
stream and community is different and what will work for one
may not for another. Use your imagination, be creative, and
try whatever you think might work.
Get to Know Your Stream
The more you know about your stream, the more you will
appreciate it, and the better you will understand its problems
and be able to recognize new threats to its existence.
Get maps of the stream, take walks along it and investigate
nooks and brooks. Take pictures of the stream in different
seasons and weather conditions. Ask any long-time residents
about the history of the stream. Find out about its fish
population from the state fisheries agency.
Ask the state or local water quality agency about the stream's
water quality standards and any pollution problems, and what
priority for cleanup it has in state and local 208 plans. Watch
the papers for announcements of construction or other
projects near the stream. Get to know who uses the stream for
fishing, swimming, boating, etc., for support in your efforts.
Agency/Government Staff
Elected Representatives
Build Foundations for Clean Water
Enlist the help of others including regular contacts with
agency/government staff working on your stream or area. Get
to know them, and get them acquainted with you and your
stream. Arrange on-site visits and informal meetings with
them to go over the problems.
Communicate often with your representatives and their staff
by phone and letter. Arrange informal meetings where you can
talk to them about the problems, what you want them to do,
and the benefits to the community that would result from their
actions. Arrange on-site visits, include neighbors and agency
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30 Chapter 4
staff and plan ahead what you want them to see. Invite your
representatives to your community club meetings, church
socials and other community events.
Give your representative written background material on the
stream's problems, with documentation; the costs to the
community of the problem; your proposed solution, and what
it will cost; and who supports your solution. Lend your
support in reelection campaigns; nothing is more effective for
getting officials on your side.
Friends and Neighbors —
Mobilize Your Community Talk with people in your community about your stream. Take
stream walks together; have picnics by the stream.
Put up stream signs at road crossings. (Contact your public
works department before you put signs up.) If the stream is
clogged with trash and debris, you can organize a stream
cleanup work party. (You must get prior approval from the
state fisheries agency.)
Give your group a name (e.g., Friends of the ).
Make up a one-page leaflet on the stream and distribute it
door-to-door. The brochure might include a map of the stream
showing fish, recreation areas (even if it's just a place to sit),
sensitive areas (eroding banks, fish spawning area), and
problem areas (construction, septic pollution, stormwater
drains).
If you are trying to pass an ordinance, or get some other
action, tell people to write letters. Pass out a copy of your
letter to inspire them. The more people that write, the more
likely you'll get results.
Pass out copies of water quality brochures from your state or
areawide water quality agency; or write to Division of Plan-
ning, King County Courthouse, Seattle; Washington 98104,
for copies of "More Tips for Clean Streams."
Have a stream slide-show at your house, local library or club
house. Invite speakers, teachers or professors from local
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Chapter 4
31
Schools, Scout Troops,
4H Clubs
The Media
schools to talk about pollution and stream ecology. Check
your library for films to loan.
Take stream walks and have kids draw a stream. Have poster
contests and paper boat races at the stream. Encourage
science classes to focus on the stream as an example for
biology and ecology lessons. Write to Project Ecology, High-
line Public Schools, P.O. Box 66100, Seattle, Washington
98166, for a copy of "The Drip Impact," a high school or
elementary curriculum; or contact the Water Quality Planning
Division, Seattle METRO, Seattle, Washington 98104,
(206) 447-6361, for information on their "salmon enhance-
ment" curriculum (see below).
Newspapers, magazines, community newsletters, church or
club bulletins, and local radio and TV stations can all be
contacted.
Get the names of reporters who work on community or
ecology issues. Send them information on your stream with
pictures. Follow up with a phone call. Meet with the reporter
for coffee or lunch to talk and arrange a stream walk.
Give suggestions for articles and the names of others to talk
to. Give him or her a one-page write-up on the history of the
stream as you know it, the problems or threats to the stream,
and your suggested solution. Call the reporter back with
updates and to check on the progress of the article.
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32 Chapter 4
Passing a New Law/Ordinance
If you have talked to the agencies, your neighbors, and elected
representatives, feel you really need a new ordinance, and
have community support, make an honest assessment of the
free time you can devote to the effort, who is willing to help
and what you expect to gain with a new ordinance. Passing a
new law, even on the local level, is not easy, but there can be
significant long-term paybacks.
When you have decided to work for the passage of a new law
or ordinance: first, make sure you know your stream and its
problems and you have demonstrated support for a new law.
Once you have that knowledge and support, the rest should
go smoothly; without it you'll have an uphill battle.
Second, get as much information as you can on comparable
existing ordinances in the state. Contact your state or area-
wide water quality agency or EPA (see Appendix A, Agency
Listings) to get copies of any such ordinances. Pass on any
information on model ordinances to your mayor and city and
county councils, with a note on your ordinance idea and who
supports it.
Third, work with the staff of your city or county council/
commission representative who has said she or he will sponsor
a new ordinance. Give them documentation they can use in
introducing the ordinance and in persuading other council
members on the value of the stream, pollution problems and
need for an ordinance, details on the proposed ordinance and
its costs to administer, the benefits to the community and
demonstrated support.
When the ordinance is brought up for consideration, attend
the council meeting to show support and be available for
explanations. If you have done your homework, you will likely
know much more about the problem ant/the solutions than
the members of the council. This is, in fact, a desirable situa-
tion, since they are more likely to defer to your judgment on
the details.
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Chapter 4 33
Fourth, when the ordinance comes due for a vote, get as
many people as you can to write the council members and
attend meetings to show support. Bring kids with "save our
stream" signs to the meetings. Get letters of support from
community groups and developers if you can show a broad
base of support.
If your resolution passes, congratulate your representative and
fellow workers, express thanks to all who helped, have a
celebration party and invite your council representative, and in
general give yourself a big pat on the back. You've done a
good job!
Maintaining Momentum: Enforcement
Passing a pollution control ordinance is only one step towards
clean streams, though it is a major one. An ordinance must be
enforced to be effective. You must ensure that the city or
county allocates sufficient staff hours to become educated on
the issue, to develop procedures and regulations to implement
and enforce the legislation and to process paperwork (permits,
complaints, etc.) with minimum delay. (The surest way to get
an ordinance repealed is to let it become a bureaucratic
quagmire.) You must also make sure that staff will review
permit applications without rubberstamping them, make on-
site inspections and take enforcement actions.
What You Can Do Enforcement takes money. Because inflation and other
governmental programs might limit how much money can go
into enforcing water quality laws, you and your stream friends
must push to make water quality enforcement a priority in the
city's or county's budget. It's almost like passing another law.
Talk to staff enforcing the ordinance and find out how well
they are managing the load.
Find out when the council/commission makes the yearly
budget for the enforcement agency. Write to the council/
commission. Document enforcement cases (or lack of them)
and recommend an enforcement budget. Get others to do the
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34 Chapter 4
same; demonstrate support for enforcement. Try to gain
support within the council/commission.
Above all, keep contacting the agencies when you see
pollution incidents and send copies of letters to elected
officials. Remember the squeaky wheel does get the grease.
Salmon Enhancement
In the Cedar and Green River basins of King County,
Washington, a number of state and local governments
have been working together for clean streams and fish in a
regional "Salmon Enhancement Program." The program
combines a number of components to work for improved
water quality and the reestablishment of salmon runs
through community education, including: programs in
elementary and high school biology classes; the
construction and placement of egg incubation boxes by
citizen volunteers and fisheries agencies; and evening and
weekend classes on salmon, streams and pollution. The
program has done much to increase the awareness of
stream-side residents of the great value of their streams,
and how land use affects them. Through extensive media
coverage, many other county residents have become
interested in clean streams and salmon.
Seattle METRO, the Areawide 208 Water Quality Planning
Agency for the Cedar and Green River basins is currently
working with the State Office of Environmental Education
to develop a curriculum on clean water, streams and fish
for use in elementary and high schools. Their experience
has been that once the kids are involved, their parents and
communities soon follow.
If you want information on the Salmon Enhancement
Program, and how it or a similar program might be applied
in your area, contact the Water Quality Planning Division,
METRO, 821 Second Avenue, Seattle, Washington 98104,
(206) 447-5886.
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Insert for the Clean Streams Handbook
Cedar and Green River Basins of King
County, Washington
The purpose of this insert is to aid King County residents
seeking information and/or enforcement for pollution-
regulation measures for local streams.
How to Use this Insert
1. Check the map for the location of your stream. In which
government jurisdiction or incorporated area does it lie?
2. Line up the jurisdiction on the matrix with the pollution
category. Check the status of the applicable laws/plans for
that category in your area.
3. Call the phone number for your jurisdiction listed in "Who
to Call" at the end of this insert. Briefly outline your concern.
Make reference to any existing laws or plans and ask what will
be done and when. Follow up with a letter to the jurisdiction.
If there is no applicable law or plan in your jurisdiction,
recommend the adoption of such a provision. Be persistent.
4. For descriptions of stream protection provisions in
Bellevue, King County and Seattle see below.
5. For descriptions of the general types of local stream protec-
tion laws, see Appendix C of the Clean Streams Handbook.
This insert was developed by the Sierra Club under funds provided by
Seattle METRO, with the assistance of the Water Quality Planning
Division, 821 Second Avenue, Seattle WA 98104; (206) 447-5886.
-------
Puget Sound
Nearshore Areas
Cedar and Green River Basins
Seattle Metropolitan Area
-------
Matrix of Pollution Laws in the King County Area
by Political Jurisdiction (December 1980)
Pollution Categories Political Jurisdiction
and Applicable
Laws and Plans -o ~s
UJiilliililiiilljili
A. Erosion/Sedimentation
Grading ordinance ___ «_______________ • *
Drainage ordinance ___ «_______________ « *
Sensitive areas ordinance ___ *_____ __________ • *
Special building permit
provisions --+*-* + -- **«__* + + + _»*
B. Floodplain Protection
Ordinance on building, filling
in floodplain
C. Stormwater Runoff
Stormwater drainage
master plan
Stormwater drainage utility
On-site runoff controls
D. Sewage
Comprehensive plan for
sewered, non-sewered
areas
Priority ratings for
sewerage projects
Septic management
program -
E. Toxic Spills
Fire Department Toxic
Chemicals Inventory
* completed
+ in progress
- no progress
-------
Floodplain Development Ordinances
Bellevue "1. Encroachments, including fills, new construction,
substantial improvements, and other developments within the
regulatory floodway (100-year floodplain) that would result in
any increase in flood levels during the occurrence of the 100-
year flood discharge shall be prohibited.
2. The placement of any mobile homes within the regulatory
floodway shall be prohibited."
Lead agency: Bellevue Planning Department.
King County Major construction or filling in the "floodway" (i.e. where
there would be moving water during the 100-year flood) is
prohibited.
Where the preparation of a SEPA checklist or EIS is required.
County may place special conditions on work in floodplain.
A County Shoreline Permit may be required for construction
beside designated streams and rivers.
Lead agency: King County Division of Surface Water
Management
Seattle 1. Developments along streams are subject to the
requirements of the City Shoreline Management Program.
2. It is unlawful to obstruct a watercourse so as to increase the
risk of flooding or erosion during the 10-year design storm.
Lead agency: Seattle Engineering Department.
Clearing and Grading Ordinances
Permit with drainage control plan required for:
Bellevue 1. Clearing of an area greater than 1000 square feet, or
2. Removal of more than 50 cubic yards of material.
King County 1. Removal of more than 500 cubic yards of material, or
2. Any 5 foot cut or 3 foot fill.
-------
Seattle 1. Removal of more than 100 cubic yards of material,
2. A 3 foot cut or more,
3. Creation of slopes greater than Lfoot vertical to 3 feet
horizontal, and
4. Any grading in an environmentally sensitive area.
Drainage Control Ordinances: Provisions
Bellevue 1. Comprehensive plan for acquisition of land for stormwater
retention ponds and absorption areas.
2. Drainage utility for obtaining capital, with charge based on
area of impermeable surface.
3. Runoff from new construction must remain at pre-
development quality, quantity, and velocity "within the
bounds of best practicable treatment."
King County 1. Drainage control plan required as part of building permit for
developments larger than 1000 square feet.
2. For such developments, post-development rate of runoff
must equal pre-development rate.
3. In certain "critical areas" where there are known drainage
problems, post-development volume must also equal pre-
development volume.
4. Erosion must be controlled to prevent siltation in streams,
rivers, and lakes.
Seattle 1. Drainage control plan required as part of (a) building permit
for single family or duplex homes, or development with more
than 2000 square feet of impermeable surface or (b) grading
permit; specific structures for absorption, retention, or
detention required.
2. Runoff must be limited to 0.2 cubic feet/second/acre
during the 10-year design storm, unless discharge is to:
Duwamish River; Puget Sound; Lake Washington; Lake
Union and Lake Washington Ship Canal; or into storm drain
with adequate capacity to carry the additional runoff into one
of the above.
-------
Sensitive Areas
Bellevue (Part of Clearing ft Grading Ordinance)
1. Stream relocations and wetland fills require permit and are
allowed only where it benefits the overall water system and
improves aquatic wildlife habitat.
2. Work in wetlands on unstable slopes may be subject to
special stringent conditions.
King County (Sensitive Areas Ordinance)
Special review process required (in addition to SEPA) for
development in mapped sensitive areas.
Categories:
1. High erosion hazard
2. Coal mine hazard
3. High risk landslide hazard
4. High risk seismic hazard
5. Wetlands
6. Fish (anadromous) bearing waters
7. Flood hazard
Seattle (Sensitive Areas Ordinance)
Similar to King County's.
-------
Who to Call about Stream Pollution/Protection in
King County
Street Utilities
Superintendent
402 Warde Street
Algona, WA 98002
931-3010
Director of Public Works
City of Auburn
425 East Main St.
P.O. Box 989
Auburn, WA 98002
833-2741
Beaux Arts
Town Clerk
10526 SE 28th
Bellevue, WA 98004
454-8580
Director of Public Works
City of Bellevue
P.O. Box 97
Bellevue, WA 98009
Complaints, especially
construction:
Construction Inspections
Dept.
455-6977
General information:
Drainage Utility
455-6990
Black Diamond
City Clerk
886-2560
Director of Public Works
City of Bothell
18310-101st NE
Bothell, WA 98011
8am-5pm: 486-2768
After hours: 486-0544
Clyde Hill
Town Hall
9615 NE 24th
Bellevue, WA 98004
454-2351
Enumclaw
City Engineer
1339 Griff in
Enumclaw, WA 98022
825-3591
Hunts Point
City Clerk
3000 Hunts Point Rd.
Bellevue, WA 98004
M, W, F8am-4pm: 455-1834
Director of Public Works
City of Issaquah
P.O. Box "M"
Issaquah, WA 98027
392-8080
Emergencies: 392-7595
Director of Public Works
City of Kent
P.O. Box 310
Kent, WA 98031
872-3383
After hours emergencies:
872-3300
Director of Public Services
City of Kirkland
Second and Central Way
Kirkland, WA 98033
822-9271
City Administrator
City of Lake Forest Park
1711 Bellinger Way NE
Seattle, WA 98155
365-7711
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Medina
City Hall
501 Evergreen Pt. Rd.
Bellevue, WA 98004
454-9222
Director of Utilities
City of Mercer Island
3505 - 88th Ave. SE
Mercer Island, WA 98040
232-6400
Director of Public Works
City of Redmond
15670 NE 85th
Redmond, WA 98052
885-2300 x260
Director of Public Works
City of Renton
200 Mill AvenueS.
Renton, WA 98055
235-2569
Director of Public Works
City of Tukwila
6230 Southcenter Blvd.
Tukwila, WA 98067
625-2875
Yarrow Point
City Clerk
4705-91stNE
Bellevue, WA 98004
454-6944
City Engineer
City of Seattle
910 Municipal Bldg.
Seattle, WA 98104
Drainage ordinance
information and complaints:
Engineering Dept.
625-2314
Grading permits:
Building Dept.
625-2280
King County
Surface Water Management
King County Administration
Bldg.
Seattle, WA 98104
Grading, sensitive ordinances
information:
Dept. of Building and Land
Development (BALD)
344-7900
Drainage ordinance
information or drainage
hazards:
Surface Water
Management Division
344-2585
Erosion hazard
(BALD)
344-4034
Washington Department of Fisheries,
Habitat Management Division 1-753-6650
Washington Department of Ecology — Redmond
24 hours - 885-1900
Washington Department of Game 464-7764
METRO - Water Quality Planning 447-5886
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Appendix A
35
Appendix A
Agency Listings
Alaska Designated Areawide 208 Water Quality
Management Agency
Municipality of Anchorage
City Hall Annex
Pouch 6-650
Anchorage, AK 99502
(907) 274-2525
Department of Environmental Conservation
(statewide water quality management agency)
State Headquarters
Pouch 0
Juneau, AK 99811
(907) 465-2602
Southcentral Regional Office
and Permit Information
Center
437'E'St.
2nd Floor
Anchorage, AK 99501
(907) 274-2533
(907) 279-0254
(Permit Info Ctrl
Soldotna Field Office
P.O. Box 1207
Soldotna, AK 99669
(907)262-5210
Northern Regional Office and
Permit Information Center
P.O. Box 1601
Fairbanks, AK 99707
(907)452-1714
(907) 452-2340
(Permit Info Ctr)
Wasilla Field Office
P.O. Box 1064
Wasilla, AK 99687
(907) 376-5038
Valdez Field Office
Drawer 1709
Valdez, AK 99686
(907) 835-4698
Southeast Regional Office
and Permit Information Ctr.
Box 2420
Juneau, AK 99803
(907)789-3151
(907)465-2615
(Permit Info Ctr)
Sitka Field Office
P.O. Box 540
Sitka, AK 99835
(907) 747-8614
Ketchikan Field Office
P.O. Box7998
Ketchikan, AK 99901
(907) 225-6200
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36
Appendix A
Department of Fish
and Game
State Headquarters
333 Raspberry Rd.
Anchorage, AX 99502
(907) 344-0541
Department of Natural
Resources
District Office
941 E. Dowling Rd.
Anchorage, AK 99502
(907) 349-4524
Soil Conservation Service
2221 E. Northern Lights Blvd.
Suite 129
Anchorage, AK 99504
(907) 276-4246
Idaho Designated Areawide 208 Water Quality
Management Agencies
Ada Planning Association
650 Main St.
Boise, ID 83702
(208) 384-4445
Panhandle Area Council
P.O. Box880
Coeurd'Alene, ID 83814
(208)667-1556
Southeast Idaho Council of
Governments
Box4169
403 N. Main
Pocatello, ID 83201
(208) 232-4311
Shoshone - Bannock Tribes
P.O. Box306
Fort Hall, ID 83203
Department of Health and Welfare
Division of Environment
(statewide water quality management agency)
State Headquarters
Statehouse
450 W. State St.
Boise, ID83720
(208) 334-4059
Field Office (northern
five counties)
2110 Ironwood Parkway
Coeurd'Alene, ID83814
(208) 667-3524
Field Office (southwest area)
801 Reserve St.
Boise, ID 83720
(208) 334-3823
Field Office (north-central
area)
1118'F'St.
P.O. DrawerB
Lewiston, ID 83501
(208) 746-2651 x430
Field Office (southeast area)
1120 Blue Lakes Blvd.
P.O. Box 1626
Twin Falls, ID 83301
(208) 734-4000 x275
Field Office (eastern area)
636 Pershing
Pocatello, ID83201
(208)236-6160
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Appendix A 37
Fish and Game Department of Lands
Department Bureau of Private Forestry
State Headquarters State Headquarters
600 S. Walnut P.O. Box 670
Box 25 701 River Ave.
Boise, ID 83707 Coeur d'Alene, ID 83814
(208) 334-3700 (208) 664-2171
Department of Water Department of Agriculture
Resources (pesticides)
State Headquarters Pesticide Branch
450 W. State St. Idaho Dept. of Agriculture
Boise, ID 83720 P.O. Box 790
(208) 334-4440 Boise, ID 83701
(208) 334-3243
Oregon Designated Areawide 208 Water Quality Management
Agencies
Metropolitan Service District Lane Council of
527 SW Hall Governments
Portland, OR 97201 Public Service Building
(503)221-1646 125 -8th Ave. E. .
Eugene, OR 97401
Mid Willamette Valley (503) 687-4283
Council of Governments
400 Senator Building Rogue Valley Council of
220 High St., NE Governments
Salem, OR 97301 p.O. Box 3275
(503) 588-6177 Central Point, OR 97502
(502) 664-6674
Department of Environmental Quality
(statewide water quality management agency)
Headquarters Office Eastern Region Office
522 SW 5th Ave. 424 SW 6th
P.O. Box 1760 Pendleton, OR 97801
Portland, OR 97207 (503) 276-4063
(503)229-5696/5630
Klamath Falls Branch Office
Central Region Office 403 Pine Street
2150 NE Studio Rd. P.O. Box L
Bend, OR 97701 Klamath Falls, OR 97601
(503) 382-6446 (503) 883-5606
Coos Bay Branch Office SW Region-Medford Office
490 N. 2nd 210 W. Main St.
Coos Bay, OR 97420 Medford, OR 97501
(503) 269-2721 (503) 776-6010
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38
Appendix A
Northwest Region Office
522 SW 5th Ave.
Portland, OR 97207
(503) 229-5263
Roseburg Branch Office
1937 W. Harvard Blvd.
Roseburg, OR 97470
(503) 440-3338
Willamette Valley Region
Salem Office
109525th, SE
Salem, OR 97310
(503) 378-8240
Land Conservation and
Development Commission
(LCDC)
1175 Court St. NE
Salem, OR 97310
(503) 378-4926
Department of Fish and
Wildlife
P.O. Box 3503
Portland, OR 97208
(503) 229-5680
Department of Forestry
State Headquarters
2600 State St.
Salem, OR 97310
(503) 378-2560
Division of State Lands
1445 State St.
Salem, OR 97310
(503) 378-3059
Department of Geology
and Mineral Resources
Mine Land Reclamation
Office
1129SESantiam Rd.
Albany, OR 97321
(503) 967-2039
Department of Water
Resources
555-13th St.
Salem, OR 97310
(503) 378-3739
Department of Agriculture
Pesticide Supervisor
Agriculture Bldg.
635 Capital St. NE
Salem, OR 97310
(503) 378-3776
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Appendix A
39
Washington Designated Areawide 208 Water Quality Management
Agencies
Municipality of Metropolitan
Seattle (METRO)
821 Second Ave.
Seattle, WA 98104
(206) 447-5886
Regional Planning Council of
Clark County
1408'Franklin St.
Vancouver, WA 98660
(206) 699-2361
Snohomish County Metro
Municipal Corporation
(SNOMET)
Snohomish County
Administration Building
Everett, WA 98201
(206) 259-9311
Department of Ecology
(Statewide water quality management agency)
State Headquarters
Olympia, WA 98504
(206) 753-2800
(206) 753-3889 (permit coord.
Central Region
Union Gap, WA 98903
(509) 575-2800
Eastern Region
Spokane, WA 99207
(509) 456-2926
Northwest Region
Redmond, WA 98052
(206)885-1900
Southwest Region
Olympia, WA 98504
(206) 753-2353
Department of Fisheries
Habitat Management Division
.Room 115
General Administration Bldg.
Olympia, WA 98504
(206)753-6650
Seattle Fisheries Patrol
(206) 464-7611
Department of Game
Statewide Hydraulics
Coordinator
600 North Capitol Way
Olympia, WA 98504
(206) 753-5713
Eastern Regional Fisheries
Biologist
N. 8707 Division St.
Spokane, WA 99218
(509) 456-4082
Department of Agriculture
Pesticide Branch (W. Wash.)
Dept. of Agriculture
406 General Administration
Bldg.
Olympia, WA 98504
(206) 753-5064
Pesticide Branch (E. Wash.)
Dept. of Agriculture
2015 S. First St.
Yakima.WA 98903
(509) 575-2746
Department of Natural
Resources
State Headquarters
Olympia, WA 98504
(206) 753-5315 (Forestry)
-------
40 Appendix A
Federal Agencies
Environmental Protection Agency (EPA)
Region 10 Headquarters
1200 Sixth Ave.
Seattle, WA 98101
Permits Section (206) 442-1270
Dredge & Fill Permit Section (206) 442-1096
Solid Waste Program (206) 442-1253
Pesticides & Toxic Substances Branch (206) 442-1090
Drinking Water Programs (206)442-1223
Water Planning Branch (206) 442-1216
External Affairs (206)442-1203
EPA State Operations Offices
(work closely with state and local agencies supervising EPA
planning and enforcement grants and checking on EPA
permits)
Alaska Idaho
Room E 535 422 W. Washington St.
Federal Bldg. Boise, ID 83792
701 C St. (208)384-1450
Anchorage, AK 99501
(907) 271-5083 Washington
4224 6th Ave. S.E.
9j"e9°n Lacey, WA 98503
522 SW 5th Ave. (206) 753-9437
Yeon Bldg. 2nd floor
Portland, OR 97204
(503)221-3250
U.S. Army Corps of Engineers (Dredge ft Fill Permits)
Seattle District (WA, ID, & Anchorage District (AK)
MT) P.O. Box 7002
P.O. Box C-3755 Anchorage, AK 99510
Seattle, WA 98124 (907) 752-2333
(206) 764-3495
Portland District (OR)
P.O. Box 2946
Portland, OR 97208
(503)221-6996
U.S. Fish & Wildlife
Service
1500 NE Irving
P.O. Box 3737
Portland, OR 97208
(503) 234-5263
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Appendix A
41
Oil/Hazardous Spills: Who to Call
State Agencies
Idaho, Dept. of Health and Welfare
Oregon, Dept. of Environmental
Quality
within Oregon only,
Emergency Services
Washington, Dept. of Ecology
NW Region (Redmond)
SW Region (Olympia)
Central Region (Yakima)
Eastern Region (Spokane)
(208) 384-2433 (day)
1-800-452-0311 (toll free)
(503) 378-4124 (24 hour)
(206) 885-1900 (24 hour)
(206) 753-2353 (24 hour)
(509) 575-2490 (24 hour)
(509) 456-2926 (24 hour)
National Response Center
U.S. EPA Region 10
1-800-424-8802 (toll free,
24 hour)
(206) 442-1263 (24 hour)
U.S. Coast Guard National Strike Team
(Pacific)
(915)883-3311
Chem-Trec — Transportation
Emergencies 1-800-424-9300 (toll free, 24 hour)
U.S. Coast Guard
13th District Operations Center
Seattle Captain of the Port
Portland Captain of the Port
(206) 442-5886 (24 hour)
(206) 442-1856 (24 hour)
(503) 221-6330 (24 hour)
-------
42
Appendix B
Appendix B
Additional Organizations to Contact About
Water Pollution
Alaska Center for the Environment
913 W. 6th Ave.
Anchorage, AK 99501
Idaho Conservation League
P.O. Box844
Boise, ID 83701
(208) 345-6933
Oregon Environmental Council
2637 SW Water Avenue
Portland, OR 97201
(503)222-1963
Oregon Clean Water Project
Box 53
Lewis & Clark College
Portland, OR 97219
(503)244-6161 x316
Washington Environmental Council
107 S. Main
Seattle, WA 98104
(206)623-1483 '
League of Women Voters
1406-18th ,
Seattle, WA 98122
(206) 329-4848
Isaac Walton League
c/o John McGlenn
9007 Points Dr.
Bellevue, WA 98004
(206)455-1986
Sierra Club
4534/2 University Way N.E.
Seattle, WA 98105
(206)632-6157
Friends of the Earth
4512 University Way N.E.
Seattle, WA 98105
(206)633-1661
Northwest Steelheaders
c/o Gene Smaldino
7210-6th Ave. N.W.
Seattle, WA 98117
(206) 783-8246
Northwest Regional
Foundation
N. 910 Washington
Spokane, WA 99201
(509) 327-5596
Clean Water Action Project
1341 'G'Street NW
Suite 200
Washington, DC 20005
(202)638-1196
Environmental Action
Foundation
724 Dupont Circle Bldg.
Washington, DC 20036
(202)223-9138
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Appendix C
43
Appendix C
The Laws
Grading and Clearing
Ordinances
Drainage Control
Ordinances
Local Laws
City or county ordinances can be the most important
regulatory mechanism for local stream protection. Local
ordinances generally apply to construction, land-clearing,
drainage, septic tanks, or other activities associated with
growing populations. Such ordinances tend to be more
numerous and detailed in urban and developing areas.
Grading and clearing ordinances usually require some sort
of permit for earth-moving operations above a certain size.
That size may be determined by the amount of earth (cubic
yards) moved, the area altered or disturbed (square feet),
the depth of cutting or filling, or all three. The operator is
then required to obtain a permit from the public works or
engineering department which may contain:
a plan for how to keep sediment from leaving the site
during the operation;
a drainage control plan;
information on soils, geology, hydrology, seismic, or
other conditions at the site;
specific grading standards or practices to minimize
erosion, flooding, or excessively steep slopes;
a timetable for the operation, including the reestab-
lishment of vegetative cover; and
other special provisions.
Drainage control ordinances are primarily designed to reduce
or prevent flooding problems caused by rapid runoff from
impermeable surfaces in developed areas. In controlling runoff
they also help prevent creek-scouring and pollution. Such
ordinances may require that a drainage control plan be sub-
mitted as part of a grading or building permit for operations
above a certain size. A drainage control plan may require the
operator to:
maintain the natural drainage (creek meanders, swales,
depressions, etc.);
limit the runoff rate, and sometimes volume, during and/or
after construction to pre-development rates (usually
through on-site detention or retention);
incorporate absorbtive areas or structures (e.g., plantings
or infiltration) into final landscape plan; and
limit the quantities of silt or other pollutants in runoff.
-------
44
Appendix C
Sensitive Areas
Ordinances
Flood Plain Development
Ordinances
County Health Code
and Regulations
Sensitive areas ordinances designate certain areas on a map
as requiring special considerations before they are developed.
These areas have localized conditions that may make them
more sensitive to the effects of construction activities, such
as highly erodible or unstable slopes, wetlands, floodplains,
important fish and wildlife habitat, or other features. Devel-
opment in sensitive areas may then be modified, limited, or
excluded altogether.
Flood plain development ordinances may limit or exclude
development activities in areas that regularly flood during
periods of spring runoff or heavy rains. Dredging, filling, or
other physical disruption in the floodplain may be regulated
through a permit system which may place special conditions
on the operation. In addition, a county shoreline or coastal
zone management program may require permits for, or pro-
hibit, construction in or near certain rivers and major streams.
In most areas, the county health code and regulations govern
where (in what soil types) septic tanks and drainfields may be
placed, and how they must be constructed. The code and
regulations also apply to septic tank pollution when it consti-
tutes a health hazard. In some areas, passage of an ordinance
requiring regular inspection and maintenance of septic tanks
and drainfields may be preferable to the expense and com-
munity impacts of a central sewage treatment plant and
collection system.
If in doubt about whether there is an existing local ordinance
governing a specific stream-pollution problem in your area,
contact your city or county public works or planning depart-
ment or your local health department.
Water Rights
State Laws
State pollution laws, although passed by a state's legislature
to apply only within that state's boundaries, are often an
outgrowth of federal pollution laws. Where a state law and a
federal law are in conflict, usually (though not always) the
federal law has precedence. Water rights law is a notable
exception, where the state has primary authority.
The amount of water an individual can withdraw from a
stream, and perhaps most importantly, who gets water first
when there is not enough to go around, is determined by state
water rights law in Alaska, Idaho, Oregon and Washington.
The laws are fairly complex, but as in most western states, the
basic rule is: "first in time, first in right" (i.e., the older a water
right is, the higher its priority).
-------
Appendix C 45
The demand for irrigation water in many areas of the North-
west continues to grow. The time of the highest demands
usually coincides with the hot, dry period during the end of
summer, when runoff and streamflow are at their lowest
point. As a result of the water withdrawals, some streams go
dry, killing aquatic organisms and blocking fish passage.
Oregon and Washington have passed legislation enabling
establishment of so-called "minimum flows" on streams and
rivers to protect in-stream recreational and biological uses.
Once a minimum flow is established, it has water rights status
from that date (i.e., anyone with a newer water right may
withdraw water only so long as any prior water rights are not
affected, including the minimum flow).
The state agencies that administer water rights laws in Region
10 are:
Alaska: Alaska Department of Environmental
Conservation
Idaho: Idaho State Department of Water Resources
Oregon: Oregon State Department of Water Resources
Washington: Washington State Department of Ecology
Pesticide Registration Idaho, Oregon and Washington each have legislation requiring
registration for the use of pesticides. Pesticides are also regis-
tered under the Federal Insecticide, Fungicide and Rodenticide
Act (FIFRA) (see below: FederalLaws).
A state pesticide law can be more stringent than FIFRA in
registering a pesticide, either by further limiting its use or
banning it altogether in that state, but it cannot be less strin-
gent. Thus, if 2, 4-D damages grape crops when used on
adjacent alfalfa fields in Eastern Washington, the state may
put additional restrictions on its use not included in the FIFRA
registration. But the State of Oregon can't let foresters in the
state use DDT against the Tussock Moth because the federal
law has already prohibited such use.
The state agencies that administer FIFRA certification and
compliance also administer the state pesticide laws. They are:
Idaho: Idaho State Department of Agriculture
Oregon: Oregon State Department of Forestry
Washington: Washington State Department of Agriculture
-------
46
Appendix C
Logging All four states, Alaska, Idaho, Oregon and Washington, now
have state Forest Practices Acts that govern pollution asso-
* ciated with commercial logging operations. All four Acts have
specific provisions for the protection of streams from sedi-
mentation caused by road construction or timber harvest
operations; nutrient or toxic pollution associated with the use
of forest chemicals; and physical disruption of stream chan-
nels caused by road culvert installation, timber harvest opera-
tions, or debris left in streams.
Idaho, Oregon, and Washington have enforcement mech-
anisms and notification or approval systems between the
operator and the lead agency for certain forest practices
affecting streams.
For more information and a copy of the Forest Practices Act in
your state, contact the lead agency:
Alaska: Alaska Department of Natural Resources
Idaho: Idaho Department of Lands
Oregon: Oregon Department of Forestry
Washington: Washington Department of Natural Resources
(See Appendix A: Agency Listings tor addresses and phone
numbers.)
Solid and Hazardous
Wastes
Both Washington and Oregon have state laws regulating solid
and hazardous waste disposal that are somewhat similar to the
federal law RCRA (see below: Federal Laws - RCRA). For
detailed information, contact the Washington State Depart-
ment of Ecology or the Oregon Department of Environmental
Quality.
Counties in Alaska
-------
Appendix C
47
The following are additional stream-protection laws or
permits that are particular to each state.
Alaska
Title 16
Wastewater Disposal
Small Dams
Title 16 of the State Code requires a permit from the Alaska
Fish and Game Department for any work in streams that may
affect anadromous fish. The permit may specify the time of
year the work must be done to avoid peak spawning periods,
and/or it may place limits on activities that would cause
sedimentation impacts on fish eggs or fry.
Plans for sewage systems must be reviewed by the Alaska
Department of Environmental Conservation (DEC). The
disposal of wastes, on land or in water, requires a permit from
DEC.
Prior to the construction or modification of any small dams,
plans must be submitted for review to the Alaska Department
of Natural Resources.
Idaho
Stream Channel Protection
Act
All work in streams below the mean high water mark, or
average yearly high water mark, must have a permit from the
Idaho Department of Water Resources. This covers dredging,
filling, riprapping, dikes, jetties, and culvert installation.
Water Resources is the coordinating agency and circulates the
permit application and other information to other agencies
with jurisdiction.
Major Rivers in Alaska
-------
48
Appendix C
Oregon
Oregon Coastal Zone
Management Act
Mine Land Reclamation Act
Removal and Fill Operations
This state law seeks to regulate development and other
activities along shorelines in order to protect natural resources
through county shoreline programs. At this writing, the coun-
ties were in the process of finalizing their comprehensive plans
for managing their shorelines, under guidelines developed by
the state lead agency, the Land Conservation and Develop-
ment Commission (LCDC). For more information, contact
LCDC (see Appendix A: Agency Listings).
This Act is primarily designed to insure that after lands are
mined, they are returned to productive use. It also has pro-
visions to prevent mining operations from polluting streams
through properly designed drainage and gravel-washing
systems.
For more information, contact the lead agency, the Oregon
Department of Geology and Mineral Industries (see Appendix
A: Agency Listings) .
This part of the Oregon State Code regulates operations that
remove or place more than 50 cubic yards of material in
streams. This covers most dredge and fill operations, major
road crossings, most dredge-mining and major construction.
For activities covered, a permit is required from the lead
agency, the Oregon Department of Water Resources.
Water Resources is the coordinating agency for regulation of
all major in-stream work in Oregon and circulates permit appli-
cations and other information to other agencies with jurisdic-
tion. The Department works closely with the Oregon
Department of Fish and Wildlife on streams where fish are
present. Contact the Department of Water Resources for
further information (see Appendix A: Agency Listings).
Counties in Washington,.
Oregon and Idaho
-------
Appendix C
49
Washington
Work in Streams The Washington State Code requires that a Hydraulics Project
Approval (HPA) be obtained from the Washington Depart-
ments of Fisheries and Game prior to any action that will "use,
divert, or obstruct" the bed of state waters. This covers
dredging, filling, construction, road crossings, dredge-mining,
and other work in stream channels (i.e., below the mean high
watermark).
For more information, contact the Department of Fisheries or
the Department of Game (see Appendix A: Agency Listings).
Small Dams
State Environmental Policy
Act(SEPA)
Shoreline Management Act
Any structure for the storage and control of more than 10 acre
feet of water in streams must have the plans reviewed for dam
safety by the Department of Ecology (DOE). For any dam over
10 feet high, a construction permit from DOE is required.
This state law was modelled after the federal law NEPA (see
below: Federal Laws) and requires the preparation of an
environmental checklist, or an EIS, for actions that signifi-
cantly affect the environment.
Washington was the first state to pass a law aimed at
protecting public resources along waterways. In fact, the
Washington Shoreline Management Act was used as a model
during the development of the federal Coastal Zone Manage-
ment Act.
Major Rivers in
Washington, Oregon and Idaho
-------
50 Appendix C
Under the Washington Act, "Shorelines of Statewide
Significance" are slated for special protection from develop-
ment activities. Other coastal areas are classified as "natural,"
"conservancy," "rural," or "urban." The Act also contains
guidelines for regulation of.a variety of use-activities in shore-
line areas. A permit must be obtained from the county or city
planning department for any construction activity or project in
shoreline areas valued at $1000 or more, or one which inter-
feres with the public's use of water.
For further information on the Act and how it affects a
particular stream, contact the lead agency, the Department
of Ecology, or your county planning department.
Permit Information Centers
Because of the increasing complexity and number of permits
an individual must get before proceeding with construction
and other activities, Alaska and Washington have established
phone numbers for finding out what permits are needed and
what they involve.
In Alaska, you may call collect for information on state and
federal permits to any of three permit information centers
maintained by the Alaska Department of Environmental
Conservation. The locations and phone numbers of the permit
information centers are:
Anchorage (907) 279-0254
Fairbanks (907) 452-2340
Juneau (907) 465-2615
In Washington, the Department of Ecology maintains a central
phone number for information on permits. The number is:
(206) 753-3889.
In addition, as mentioned earlier, the two Departments of
Water Resources in Idaho and Oregon coordinate information
for permits on streams. The phone numbers are:
Idaho Department of Water Resources
(208) 334-4440
Oregon Department of Water Resources
(503) 378-3739
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Appendix C
51
The Clean Water Act
Section 201 — Sewage
Treatment
Section 208— Water Quality
Management Planning
Federal Laws
Passed by the United States Congress in 1972, and amended
in 1977, the Act mandates that all U.S. waters shall be "fish-
able and swimmable" by 1983, and gives the Environmental
Protection Agency the legal authority and funding provisions
to regulate water pollution.
This section allows EPA to authorize federal money for the
planning and construction of sewage collection systems and
treatment plants.
Intended as the overall planning and pollution assessment
mechanism of the Act, Section 208 mandates that all areas will
develop and implement a "208 Plan" to evaluate and attempt
to solve all major water pollution problems in an area on a
priority basis. In practice, 208 Planning has concentrated on
non-point source pollution from agricultural, silvicultural, and
urban runoff. It is not in itself a regulatory program, but a
planning program. But because it prioritizes agency work on
water quality it may give you added leverage to clean up your
stream.
In most areas, the statewide water quality management
agency prepares and implements the 208 Plan. In some areas
(often around major cities), an areawide water quality
management agency does the plan (see Appendix A: Agency
Listings).
For more details on the 208 Planning Process, get a copy of
Setting a Course for Clean Water and other 208 brochures
from the Office of External Affairs, EPA, 1200 Sixth Avenue,
Seattle WA 98101; (206) 442-1203 or your statewide or area-
wide water quality agencies.
Section 301 — National Pol-
lution Discharge Elimination
System INPDES - point dis-
charges)
All point dischargers of pollutants into U.S. waters must have
an NPDES permit which sets limits on the amount and chemi-
cal composition of the discharge. The permit should put the
discharger on track to meet the clean water goals of the Act
(i.e. the water must be "fishable" and "swimmable" by 1983).
The following discharges are exempted from NPDES permit
requirements:
Irrigation return flows;
Vessels when being used for transportation (e.g. ferries);
Discharges of dredge and fill materials regulated by Section
404 (see below);
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52
Appendix C
Section 303 — Water Quality
Standards
Section 31'1 - Oiland
Hazardous Substances Spills
Normal agricultural and silviculture! activities that produce
pollutants through runoff. (Permits are required for dis-
charges from concentrated animal feeding operations,
aquaculture projects, and certain silviculture! activities
such as stream crossings.) •
In Alaska and Idaho, the EPA State Operations Offices handle
NPDES permits. In Oregon, the Department of Environmental
Quality and, in Washington, the Department of Ecology, issue
and enforce the permits.
The State Water Quality Standards classifies streams and
specifies chemical and physical parameters for each major
water body that must be maintained by class(e.g. in Washing-
ton, the temperature of all Class AA waters shall not exceed 16
degrees Celsius due to human activities; dissolved oxygen
shall not fall below 9.5 mg/l.)
Water quality standards are based on the designated use for
each water body (waste disposal cannot be a designated use),
such as fishing, swimming, agricultural water supply, etc.
State Water Quality Standards are established and enforced
by the statewide water quality management agency. The
State standards must meet or exceed minimum standards set
by EPA. The State Water Quality Standards are very im-
portant since they determine how much pollution is legally
allowable in any given reach of stream.
Note: EPA regulations require each state to have an "anti-
degradation policy" in force (i.e. existing high water quality
which exceeds the standards set for a designated use cannot
be lowered unless, after sufficient public participation, it is
determined to be economically or socially necessary). In all
cases, existing uses (such as fishing and swimming) and the
quality of waters of outstanding national significance must be
protected.
This section requires that oil storage of 600 gallons above or
42,000 gallons below ground must have a Spill Prevention,
Control, and Countermeasures Plan. It also assigns liability for
the costs of clean-up and rehabilitation in the event of an oil or
hazardous spill.
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Appendix C 53
Section 404 — Dredge and
Fill Activities Section 404 regulates discharges of dredged and filled mate-
rials within "navigable" water (effectively all waters) of the
United States. Discharge of dredged or filled materials in
estuaries, streams or associated wetlands requires a permit
from the U.S. Army Corps of Engineers. (Note: the Corps also
regulates the placement of structures, such as dikes, jetties
and riprapping in waterways.) The 404 permit program is in-
tended to help protect wetlands and riparian and aquatic
habitat.
The Corps permit is only issued after any necessary shoreline
permits are obtained from the county or city planning depart-
ment. Corps permits are issued after review and comment by
local, state and federal fish, wildlife, and water pollution con-
troll agencies. EPA has veto authority over issuance of Section
404 permits.
The Safe Drinking Water
Act (SDWA) Underground water is the source of many streams. One part
of SDWA seeks to protect underground sources of drinking
water, including aquifers, by means of a regulatory program.
A permit from EPA is required for underground injection wells:
of hazardous wastes; of other industrial or municipal wastes
near drinking water supplies; for oil and gas extraction; for
extraction of minerals or energy; and for disposal of radio-
active wastes near drinking water supplies.
Toxic Substances Control
Act (TOSCA) This relatively new and complex law requires EPA to develop a
program to regulate the development, manufacture and use
of all chemicals that may be toxic to human health, excluding
pesticides, drugs, radiation and any other toxic materials
covered by other federal laws. This includes testing, registra-
tion and, if necessary, limitation or prohibitions on the manu-
facture and use of new chemicals, and the inventory, testing
and reevaluation of existing chemicals for use-registration.
Given the tremendous number of new and existing chemicals,
this massive undertaking is proceeding rather slowly.
However, it is an important component of stream protection
because of its long-term effect of limiting toxic pollution.
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54
Appendix C
Resource Conservation
and Recovery Act (RCRA)
One of the provisions of RCRA requires safe disposal of dis-
carded materials and regulates the management of hazardous
wastes. A "cradle to grave" manifest system for tracking
hazardous wastes from production to disposal site seeks to
eliminate improper or illegal dumping. Hazardous waste treat-
ment and disposal sites must register with EPA, and must ob-
tain EPA or state permits to operate.
Ultimately, implementation of RCRA will result in much better
control of hazardous waste disposal, which should greatly
reduce stream and groundwater contamination by waste
leachate.
RCRA is currently administered by the EPA Region 10
Hazardous Waste Office. Two states, Oregon and Washing-
ton, are seeking EPA approval to administer RCRA in conjunc-
tion with their existing state hazardous waste program. For
more information, contact EPA's Region 10 Office, the
Washington State Department of Ecology, or the Oregon
State Department of Ecology.
Federal Insecticide,
Fungicide and Rodenticide
Act(FIFRA)
Section 3 — Registration
Section 4 — Certification of
Applicators
Section 26 — Enforcement
FIFRA regulates the manufacture and use of pesticides for
agricultural; silvicultural and other activities. Important
sections of the Act and the corresponding implementation
regulations include the following.
This section gives guidelines for scientific studies the manu-
facturer must perform on the potential hazards of the pesticide
to people and the environment before EPA will register it.
Each registered pesticide has certain restrictions on its use,
depending on those hazards. Pesticides are registered either
for general use (i.e. anyone can buy it and use it) or for
restricted use, where only certified pesticide applicators may
purchase and use it.
Applicators of restricted use pesticides must be certified by
the state administering agency. Specific training is required
prior to certification.
Primary enforcement responsibility is given to the state admin-
istering agency. However, there are provisions for EPA to take
enforcement action in lieu of the state agency in certain cases.
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Appendix C
55
The state agencies that administer FIFRA certification and
enforcement programs are:
Alaska:
Alaska Department of Environmental Conservation
Idaho:
Idaho State Department of Agriculture
Oregon:
Oregon State Department of Agriculture
Washington:
Washington State Department of Agriculture
See Appendix A: Agency Listings for their addresses and
phone numbers.
National Environmental
Policy Act (NEPA)
Considered by some to be the foundation of environmental
protection law, NEPA requires that any major federal action
that will significantly affect the quality of the environment
must be accompanied by an Environmental Impact Statement
(EIS) that describes the proposed action and alternatives to it.
NEPA does not in itself regulate water pollution or damage to
the environment. But it does provide for the compilation and
dissemination of information on a proposed project, in order
to facilitate a better decision on that project. NEPA is thus an
information handle on potentially polluting activities. Having
the information beforehand, you may be able to prevent the
pollution.
A Note on Federal Permits
Pollution-control permit programs under several federal laws
were recently combined into one Consolidated Permit Pro-
gram. Since many activities require more than one permit, it
was felt by Congress and EPA that consolidating would
improve agency coordination, decrease redundancy, and mini-
mize unnecessary delays. The program covers most permits
issued by EPA that relate to streams, as well as some state
permit programs. Under the Consolidated Permit Program,
citizens can learn one consistent set of procedures for the
permit process, including public review and comment required
for issuance of permits and appeal procedures.
For more information on the Consolidated Permit Program,
call EPA's State Operations or Region 10 Offices, or get a copy
of A Guide to the Consolidated Permit Regulations from the
Office of External Affairs, EPA, 1200 Sixth Avenue, Seattle
WA 98101; (206) 442-1203.
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56
Appendix D
Appendix D
Additional Publications on Streams and
Pollution
EPA Publications
Available from Office pf External Affairs, EPA, 1200 Sixth
Avenue, Seattle WA 98101.
Copies of the federal laws
Quality Criteria for Water
A Guide to the Consolidated Permit Regulations
Hazardous Wastes Information: fact sheets
Oil and Hazardous Substances Response Manual (includes
phone directory)
Pesticide Registration — How It Protects You, Your Family,
and the Environment
Suspended and Cancelled Pesticides
Status Report on Rebuttable Presumption Against Registra-
tion (of pesticides)
Setting the Course for Clean Water: A Citizen's Guide to the
Section 208 Water Quality Management Program
State Agency
Publications
Contact your statewide water quality management agency.
Copies of state laws, regulations, brochures (available from
your statewide water quality management agency)
Directory of Permits (Alaska, available from any of the three
permit information centers listed in Appendix B)
Permit Problems? (Washington, available from the Department
of Ecology)
Gold and Fish (Washington, available from the Department of
Fisheries)
METRO/King County
Publications
Available from METRO, 821 Second Avenue, Seattle WA
98104.
Home Tips for Clean Streams
Toxic Substances in Your Home
Save our Salmon
Salmon Enhancement Curriculum
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Appendix D 57
Sierra Club Publications Available from the Sierra Club, 45341/2 University Way N.E.,
Seattle WA 98105.
Hunt the Dump (hazardous wastes)
Others Many more publications on particular pollution problems: con-
tact EPA or state water quality agency to inquire.
Project Ecology (Highline Public Schools, P.O. Box 66100,
Seattle WA 98166)
The Drip Impact (high school curriculum on streams and
pollution; elementary curriculum also available)
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