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Fine appealed – DEQ presents Silverton a $42K bill for wastewater discharge

By James Day

Silverton is facing a $42,130 fine from the state for illegal discharges of wastewater, and city officials have appealed the decision.

Silverton was notified Feb. 7 by the Oregon Department of Environmental Quality (DEQ) that it had exceeded the permitted levels of ammonia 32 times and for total suspended solids 24 times between May 2021 and August 2022.

City officials, speaking at the April 3 city council meeting, agreed that the violations occurred but said that they involved errors by an employee who is no longer with the city. They have asked that the fines be reduced. City officials also said that they have altered water treatment plant procedures to make it less likely that further illegal discharges can occur and noted that no further violations have been discovered since August. 

Five residents spoke about the issue during the meeting, some of them hyperbolically (one resident called the discharges an “environmental catastrophe”), some cynically (one questioned whether city officials were familiar with the city’s water master plan).  

The city’s fine/violation history goes back to 2006, with one resident claiming that the city has paid $180,000 in fines. City officials did not dispute that number. During council deliberations a request was made to assemble a spread sheet that summarizes the history of violations as well as an index on the city’s discharges and water quality on the city website.

Mayor Jason Freilinger said he thinks the council needs a work session to grind its way through all of the issues.

“I want the whole community to be involved,” he said. “We dropped the ball as a community and I take responsibility for that.”

The DEQ announced 16 statewide fines in a March 23 press release. Six of the cases were for air quality issues and those fines were less than $1,300. The Silverton fine was the largest. Next was $32,219 at the Willamette View senior living community in Portland for problems with underground storage tanks. The fines were levied against one other agency, the Oregon Department of Transportation, and 14 industrial users.  

In other action from the April 3 meeting:

Housing Project: Neighbors along Cowing Street near Silver Creek just south of the pool have expressed concerns about the work on a new duplex and accessory dwelling unit that are filling the backyard of a rental house at the Cowing-Barger corner. Two residents spoke at the April 3 meeting, with proper notification about the utility work required by the project the main concern. Because the city has the right to place utilities toward the front edge of properties a number of the Cowing Street neighbors wound up with partially dug up yards amid promises from the developer to restore the landscaping to its earlier condition.

No action was taken at the meeting, with the discussion favoring a look at some new code language that would formalize the notification process.

Sheltering Silverton: Shelterton Silverton’s effort to establish a warming shelter and pallet shelters for the homeless at the city shops was dealt a setback when bids came in too high for the project. The city had $250,000 in federal American Rescue Plan Act (ARPA) funds, but the lone bid for the work came in at $471,855. It remained unclear at Our Town’s presstime what next steps might be for the project.

Tree City: Silverton is a Tree City USA for the third consecutive year. Mayor Jason Freilinger read a proclamation about the honor at the start of the meeting. To become part of the program, which is administered by the Arbor Day Foundation, cities must maintain a tree board or department, have a community tree ordinance, spend at least $2 per capita on urban forestry and celebrate Arbor Day.

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