The Oregon Chapter of the Surfrider Foundation would like to state its concern regarding the possible renewal of NPDES Permit #101409 for the Georgia-Pacific Pulp and Paper Mill in Toledo. Under law, the DEQ is required to consider cumulative impacts when reviewing NPDES permit applications. In the vicinity of Nye Beach (location of effluent discharge) a number of documented sources of pollution have been identified including the Newport City sewage outfall (occasional overflows), the International Port along Bay Road (leaking toxic materials), and non point source pollution from agricultural and municipal waste. Additionally, since the last permit was issued, 2 beach health advisories for harmful levels of bacteria have been issued. However, the DEQ Permit Evaluation and Fact Sheet states that DEQ is “not aware of any pollutants of concern off the shores of Oregon”. Clearly, cumulative impacts have not been adequately considered in the DEQ analysis. NPDES Permit #101409, also fails to require an appropriate level of monitoring. Since the last permit renewal, leaks in the pipes carrying the GP effluent have been detected both within the City of Newport and also the County area between Toledo and the City of Newport. While these leaks have evidently been repaired, the potential certainly exists for pipe leakage to occur again in the future. The DEQ PE&FS is silent on the issue of monitoring for leaks along the two12 mile pipes that carry the industrial effluent from the Mill to the sea.

Because the effluent volume is only monitored at the mill outfall, and not also at the ocean outfall, there is no way to determine if all the effluent that leaves the Mill is reaching the ocean. Because of health concerns related to water pollution, the Surfrider Foundation initiated a water quality monitoring program along Oregon’s coast in 1999, and has worked hard to support state efforts to implement the Federal Beach Act of 2000. Surfrider Foundation regularly receives reports from the Oregon public of ear infections, burning eyes, and gastrointestinal illness resulting from ocean related activities, and our Oregon Chapter membership of nearly 500 ocean users has identified water quality as a top priority. Yet, the DEQ cites the “infrequent use of coastal waters” in its analysis as apparent justification for the limited monitoring requirements. In fact, Nye Beach is regularly used by surfers and swimmers and represents the most popular stretch of beach in Newport.

Finally, the DEQ Permit Analysis and Fact Sheet states that two reports issued by Battelle in 2004 indicated that the mixing zone analysis in the previous permit was inaccurate with respect to the size and location of the mixing zone. Federal and state regulations require that the application of mixing zones must ensure acute toxicity to drifting organisms is prevented. Despite this requirement, the permit renewal application fails to address the root of the identified problem – a flawed model on which the analysis was based – and simply adjusts the boundaries of the mixing zone. Given the well-documented impacts of pulp mill effluent on marine life including invertebrates, fish species, and mammals, the permit must utilize a methodology that is scientifically defensible to identifying the mixing zone boundary. In the absence of this, DEQ should require the Georgia-Pacific comply with the EPA standard for states without approved mixing zone standards: ambient water quality standards should be met at the end of the pipe.

NPDES Permit #101409 should not be renewed unless the issues identified above are appropriately addressed. The Oregon Chapter of the Surfrider Foundation submits these comments on behalf of our nearly 500 members in the state. Our membership includes surfers, divers, fishermen, swimmers, paddlers, and other user groups who spend significant time on the coast and in the ocean.

Sincerely,

Pete Stauffer
Oregon Policy Coordinator
Surfrider Foundation - Oregon Chapter
PO Box 86340
Portland, OR 97286