Item A: Water Quality Protected Waterways

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Drivers: Local Policy, State and Federal Regulations Local Adopted Policy Stormwater quality became a nationwide issue through the reauthorization of the federal Clean Water Act in 1987. Congress mandated that communities larger than 100,000 in population begin reducing the discharge of stormwater pollutants into the receiving waters of the Unites States “...to the maximum extent practicable.” The Comprehensive Stormwater Management Plan (CSWMP), adopted by City Council in 1993, forms the local policy framework for responding to these water quality mandates, as well as other community values associated with stormwater functions. CSWMP acknowledged the multiple benefits of waterways and the preference for incorporating their beneficial functions into the City’s stormwater system : Incorporate the beneficial functions (flood control, stormwater conveyance, water quality treatment) a of natural resources [waterways and wetlands] into the City storm drainage system. Statewide Planning Goal 6 - Air, Water, and Land Resources Quality Goal 6 is one of Oregon’s 19 statewide planning goals that provide the framework for land use planning within the state. Goal 6 requires local comprehensive plans and implementing measures to be consistent with state and federal regulations on matters such as water pollution. The proposed /WQ Water Quality Overlay Zone is responsive to Goal 6 with respect to the protection of water quality, consistent with federal Clean Water Act regulations. Federal and State Water Quality Regulations The Clean Water Act requires that states designate beneficial uses for each waterbody, and establish and enforce associated water quality standards that protect the most sensitive of beneficial uses. Attachment C is an Oregon Department of Environmental Quality (DEQ) fact sheet entitled Water Quality Standards that describes in plain language what water quality standards are, why they are needed, and how they are established. Section 303(d) of the Clean Water Act requires states to develop and maintain a list of all the water bodies within the state that do not meet the established water quality standards for their designated beneficial uses. DEQ’s 2004 “303(d) List” includes several local area waterways which do not meet state standards for various pollutants, including the Willamette River main stem, Amazon Creek, Willow Creek, the Amazon Diversion Channel, the A3 Channel, Fern Ridge Reservoir, and the Long Tom River. For waterways which do not meet water quality standards, states are required to establish Total Maximum Daily Loads (TMDLs), basically pollutant load allocations. The TMDL identified the level of pollutants that a water body can absorb and still meet water quality standards and then distributes it among the identified sources. TMDLs take into account pollution from all sources, including discharges from industry and sewage treatment facilities; runoff from urban areas, farms and forests, and natural sources. The Upper Willamette TMDL was issued by the DEQ in September 2006. The City of Eugene is considered as a “designated management agency” and as such was required to develop a plan to achieve the water quality improvement goals identified in the TMDL including reductions in turbidity, dissolved oxygen, mercury and temperature specifically. The City of Eugene submitted its draft TMDL Implementation Plan to the DEQ on April 1, 2008. The draft TMDL Implementation Plan (also provided in the Binder labeled: Water Quality Protected Waterways - Supplemental Information) a Comprehensive Stormwater Management Plan, Policy 1.1, p. 3-5. Y:\CMO\2008 Council Agendas\M080514\S080514A.doc