Boardman, OR—The Oregon Department of Environmental Quality and the Port of Morrow reached a settlement this week for wastewater permit and nitrate violations in northern Morrow and Umatilla counties. Under the settlement, the port will provide $1,933,721 to support safe drinking water efforts in the area, including water testing, treatment and delivery, and pay a $483,430 civil penalty to the state treasury.

Groundwater is used as a primary drinking water source in the area known as the Lower Umatilla Basin Groundwater Management Area (LUBGWMA), which spans Morrow and Umatilla counties, and some private wells have tested for elevated levels of nitrate. Sources of nitrate include agricultural fertilizers, animal manure, industrial wastewater such as from the Port of Morrow and other similar businesses, and septic systems. High levels of nitrate in drinking water is linked with serious health concerns, particularly for infants and pregnant people.

“This settlement serves two purposes,” said DEQ Director Leah Feldon. “It provides funding for safe drinking water to those who need it, and it holds the Port of Morrow accountable for permit violations.”

Feldon went on to note that DEQ has worked closely with the port on ways to improve its wastewater treatment and reuse. “Our goal is to ensure that the Port of Morrow complies with all water quality regulations and becomes part of the solution for improving groundwater throughout the area,” she said. Oregon Health Authority is already offering residents with private wells in the Lower Umatilla Basin free water quality testing, water treatment and wa… Funds from this settlement will supplement OHA’s existing efforts.

Oregon Health Authority is already offering residents with private wells in the Lower Umatilla Basin free water quality testing, water treatment and wa… Funds from this settlement will supplement OHA’s existing efforts.
"This funding will help us continue our domestic well water awareness and testing campaign in the area,” said André Ourso, administrator for OHA’s Center for Health Protection. “There has been an incredibly intensive effort over the past six months to reach all well users with information about how and why to get their well water tested. The settlement between DEQ and Port of Morrow allows us to continue that effort.”
OHA recommends private well users in all parts of Oregon regularly test for bacteria, nitrate and arsenic, which are all common groundwater pollutants in the state.

The total settlement amount is $2.4 million. Additionally, the port is required to follow a compliance plan as a condition of the settlement that contains additional restrictions aimed at reducing risk to groundwater contamination while it constructs additional storage and treatment capacity. Requirements include:

• Higher penalties for applying wastewater in winter months to fields near drinking water supplies (considered “high-risk” fields) in excess of permit limits. This is something the port has avoided since DEQ issued the penalty in 2022.
• No increase in net wastewater flow until the new treatment and storage systems are fully operational.
• Requirements to assess crops used at the land application areas and assess facility infrastructure to address leaks – including a specific requirement to fix a problematic line by May 2024.

In addition to these requirements, the port is working with state agencies on strategies to reduce the amount of wastewater it accepts and discharges during the next two growing seasons while the port builds the long-term wastewater infrastructure solution.

Under DEQ’s Supplemental Environmental Project policy, up to 80% of a penalty can go toward a project approved by DEQ—that’s the $1.9 million for safe drinking water efforts. The remaining $481,030 goes into the state’s general fund, which is allocated by the Oregon Legislature.
The Port of Morrow collects wastewater from food processors, storage facilities, a natural gas co-generation plant, and data centers in its industrial park outside Boardman. The port has a DEQ water quality permit that allows it to reuse the nitrogen-rich wastewater for irrigation on nearby farms, but the permit includes limits on how much nitrogen can be applied to the farmland and how much nitrate and moisture can be present in soil prior to applications in the winter seasons.

DEQ issued a permit modification for the Port of Morrow in November 2022 that includes significant changes to ensure the port’s operations do not adversely affect groundwater. Changes include requirements and specific timelines for the port to reduce its nitrogen application during the winter season, additional wastewater treatment and storage construction, additional monitoring and reporting, and assessment and cleanup of groundwater contamination from current operations.

Well users in the LUBGWMA can schedule a free well water test appointment by calling 211. Well users also can apply for a voucher online, by email, or by phone to get a free well water testing voucher for nitrate. OHA is also paying on a one-time basis for other recommended domestic well contaminants (arsenic, bacteria, lead), as well as hardness, iron and manganese to inform treatment system decisions. OHA will pay for repeat testing of nitrate in the future as needed:

• Online: https://testmywell.oregon.gov (Spanish: https://pruebadepozo.Oregon.gov)
• Email: Domestic.Wells@odhsoha.oregon.gov
• Phone: 211 for help completing a voucher and setting an appointment for the state to collect a water sample and deliver it to the laboratory.

For more information, contact the OHA Domestic Well Safety Program at 971-673-0440 or Domestic.Wells@odhsoha.oregon.gov.

Media contacts:
DEQ: Harry Esteve, 503-951-3856, harry.esteve@deq.oregon.gov
OHA: Jonathan Modie, 971-246-9139, PHD.Communications@oha.oregon.gov
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