The City of Portland Water Bureau applied to DEQ for beneficial use approvals to use soils that contain low levels of contaminants for construction fill. Portland Water Bureau proposes to construct a water filtration facility and water carrying pipeline in east Multnomah County outside of the Gresham area. Portland Water Bureau submitted two beneficial use determination applications, one for the water filtration facility and another for the water pipeline. DEQ approved those beneficial use applications with conditions to protect human health and the environment.
Learn more below, or by visiting Portland Water Bureau's Bull Run Filtration Project website.
Beneficial use determinations
DEQ regulates the beneficial use of solid waste based on Oregon law and regulations. To qualify for a beneficial use determination by DEQ, also referred to as a BUD, the solid waste, in this case, soil with certain chemicals above the clean fill screening levels, needs to meet specific protective requirements:
- Manage the material until the time it is used for its approved beneficial use, including any storage, transportation or processing, so as to prevent releases to the environment or nuisance conditions;
- Use the material consistent with applicable engineering standards, commercial standards and agricultural or horticultural practices;
- Ensure that hazardous substances in the material meet one of the criteria in this subsection,
- Will not exceed acceptable risk levels, including evaluation of persistence and potential bioaccumulation, when managed according to a beneficial use determination;
- Ensure the use does not result in the increase of a hazardous substance in a sensitive environment; and
- Use the material in compliance with applicable federal, state and local regulations.
Learn more about DEQ's rules on beneficial use of solid waste.
Beneficial use request by the Portland Water Bureau
The city originally requested DEQ approval of the proposed beneficial use of soil as construction fill placed on shoulder surfaces adjacent to the roadway, as backfill within the pipeline excavation or placed upon the 94 acre property that the city owns at tax lot 400 and tax lot 100 within Section 22 of Township 1 South, Range 4 East adjacent to SE Carpenter Lane near SE Dodge Park Boulevard in Gresham. The city also requested two additional beneficial uses to potentially send the soil as reclamation fill to a DOGAMI permitted reclamation site or to be blended with topsoil at a farm in Clackamas County.
The Portland Water Bureau proposed to reuse soil from construction of the water filtration facility on site for construction fill.
The Portland Water Bureau also proposed to reuse contaminated surface soils from the water pipeline for the following purposes:
- Filling in trenches
- Reconstructing shoulder surfaces adjacent to roadways
- Replacing as topsoil as part of trench restoration of a farm field adjacent to the pipeline per a property owner request between Dodge Park Boulevard and Lusted Road
- Placement at the water filtration facility site in accordance with that beneficial use determination
DEQ reviewed the sampling data and analysis that was completed as well as the proposed uses. The request meets the beneficial use criteria in Oregon Administrative Rule 340-093-0260-0290 for a Tier 2 beneficial use application and DEQ intends to approve the requested uses. DEQ held a public comment period to receive public feedback on the proposed beneficial use approvals.
During the public comment period, DEQ received a solid waste letter authorization application from Ted Sester to request that 127,000 cubic yards of the soil be deposited at the Sester Farm location in Damascus in Clackamas County. The request identified that the soil would be used to develop the land for farm use by T & K Sester Family, LLC. The application requested receipt of all the soil from the Portland Water Bureau project to be blended with existing topsoil so that the land could be used to grow grasses and other agricultural crops. DEQ evaluated the request and suggested that a better approach would be for the Portland Water Bureau to request that this use be added to its proposed beneficial use request. The Portland Water Bureau submitted a request during the public comment period to add this proposed beneficial use as well as a request to take the soil to a DOGAMI reclamation site as additional options for beneficial use of the soil.
The Portland Water Bureau also clarified that the quantities of soil are larger than originally noted in the application. The total on the water filtration facility property is approximately 160,000 cubic yards and the total from the pipeline area is approximately 32,000 cubic yards. Soils from the water filtration facility property were originally estimated to be about 116,000 cubic yards and soils from the pipeline area were originally estimated to be about 19,000 cubic yards.
PWB proposes to beneficially reuse approximately 160,000 cubic yards of the slightly contaminated soils until construction completion in 2027. The majority of contaminated soils has been excavated and moved from the Tax Lot 400 to Tax Lot 100 with some contaminated soil remaining on Tax Lot 400.
DEQ has issued the two beneficial use approvals to the Portland Water Bureau. The approvals, conditions for approval and evaluation memos are available to download below:
Both applications and associated analytical data indicate that the proposed beneficial uses do meet DEQ's beneficial use requirements. The proposed reuse of soil is productive, and the contaminant concentrations can be managed to acceptable human health and ecological risk levels if the soil is managed according to the proposed conditions of beneficial use approval.
Ecological Risk Assessment at T&K Sester Farm, LLC
T&K Sester Farm, LLC has completed an ecological risk assessment as required in the DEQ approved Water Bureau water filtration facility beneficial use approval dated Sept. 6, 2024. This approval identifies a third beneficial use approval option to take the contaminated soil from the Portland Water Bureau location to be blended with topsoil at the T&K Sester Farm , LLC property located in Clackamas County on Parcel No. 00603617, Map and Tax Lot 2S3E03 03302. DEQ reviewed the proposed risk assessment plan as well as the results and agrees that the soil from the Portland Water Bureau location can be blended with the farm soil to be used as topsoil for future agricultural use and not cause an ecological risk.
The requirements for reuse include using best management practices for handling the soil during excavation, loading, transporting and stockpiling to minimize all potential risks to human health and animals. The requirements also include that the soil used at the Portland Water Bureau location is placed below a clean soil cap, so that the surface soil, where humans and animals are in direct contact with the soil, meets DEQ's clean fill requirements. Learn more about DEQ's clean fill guidance.
The projects will disturb soil contaminated with low levels of pesticides, which are impacted by historical chlorinated pesticide use. The concentrations of pesticides exceed clean fill criteria and DEQ Eco Risk standards for ground feeding birds and mammals but are below levels of concern for occupational workers and construction workers. Arsenic was identified at concentrations that are below ambient background levels, which are levels naturally occurring in the area. The soils that are more than 1.5 feet below the surface meet clean fill criteria and are not regulated by DEQ as solid waste.
Contaminants in the soil that exceed DEQ's clean fill criteria are: 4,4-dichlorodiphenyldichloroethylene (DDE), 4,4-dichlorodiphenyltrichloroethane (DDT), dieldrin and lead. The maximum lead concentration in the surface soils at the pipeline is measured at 28.3 mg/kg which is slightly elevated above clean fill criteria and the ambient background concentration of 28 mg/kg. Background concentrations refer to the chemical concentrations that exist in soils naturally. The concentrations of pesticides exceed ecological risks but are below risk levels for human health.
The beneficial use determinations include specific conditions to ensure that the soils will be properly managed to protect human health and the environment, including a requirement that the soils be stored under cover until reused. Additional requirements for reuse include using best management practices for handling the soil during excavation, loading, transporting and stockpiling to minimize all potential risks to human health and animals. The soil must also be placed below a clean soil cap, so that the surface soil, where humans and animals are in direct contact with the soil, meets DEQ's clean fill requirements.
Public involvement
DEQ initially offered a two-week public comment period on the proposed beneficial use approval of reuse of soil on the water filtration project site. DEQ was asked to extend the comment period and to provide broader notification to neighboring residents and others interested in this project.
In response to requests from community members for more information and time to submit comments, DEQ extended the public comment period until Aug. 8, 2024. DEQ participated in a community-sponsored public meeting on June 11, 2024 to explain the beneficial use proposal, DEQ's evaluation and conditions of the proposed approval to help inform the community members of the work. The recording of DEQ's portion of the June 11, 2024 meeting is available by request at michael.loch@deq.oregon.gov.
DEQ's response to questions from the Cottrell Community Planning Organization regarding the Portland Water Bureau's proposal to reuse slightly contaminated soil in construction of a new water filtration facility and pipeline.
DEQ received comments from 38 commenters during the public comment period. DEQ compiled the comments and responded to them in the document below:
The Cottrell Community Planning Organization sent DEQ a list of questions about the proposed beneficial use determinations for the Portland Water Bureau project following the June 2024 community meeting.
Read DEQ's responses to the Cottrell Planning Organization's questions.
Why is DEQ proposing approval of the Beneficial Use Determinations when the Multnomah County land use decision is being appealed to the Oregon Land Use Board of Appeals?
The beneficial use rules do not require that DEQ receive a land use compatibility statement from a local government as part of a beneficial use application. DEQ is aware that Multnomah County has approved the Portland water filtration and pipeline project and that decision is being appealed to the Land Use Board of Appeals. DEQ added a condition to the proposed beneficial use approval stating that if the Land Use Board of Appeals overturns the county land use decision, the BUD would be revoked. In that case contaminated soils would need to be managed as solid waste and disposed of at a DEQ regulated landfill.
Why would DEQ allow reuse of soil that is not clean fill at a water treatment facility? Won't the soil cause contamination of drinking water or leach into storm drains or runoff?
DEQ has evaluated the contaminant concentrations and the types of contaminants identified in the soil being removed and reused. The types of contaminants are not soluble and will not leach or migrate easily to surface water or groundwater. The placement and management of the soil will not impact the operation of the Filtration Facility nor come into contact with Portland's drinking water. The concentrations of contaminants are sufficiently low and below risk levels for drinking water and human health concerns.
How will you protect onsite workers and the neighboring community from the contaminated soil that will be reused?
The concentrations of contaminants are below occupational and construction worker risk values so are not a risk to people who come into contact with these soils. The soil concentrations identified in the soils on the City's property are similar to concentrations found in soil on neighboring properties. Soils will be placed under a three-foot cover of clean soils or under a one-foot cover of clean soils and a textile barrier. The City is also required to follow best management practices for handling the soil during excavation, loading, transporting and stockpiling to minimize all potential risks to human health and animals.
What does slightly contaminated or slightly over clean fill limits mean? How does DEQ know that these concentrations are safe, and that Portland's water will be safe to drink and use?
Slightly contaminated means that the concentrations detected in the soils are slightly over clean fill limits but are below human health risk-based concentrations. The placement and management of the soil will not impact the operation of the Filtration Facility nor come into contact with Portland's drinking water.
How will DEQ monitor the water coming from this site to ensure it's not contaminated? What would DEQ do if contamination from the soil is found to leach in the soil?
The City is subject to a stormwater water quality permit called a 1200CA permit which identifies work practices and monitoring that the City will carry out. DEQ will review monitoring data, reports and may conduct periodic inspections of the project. If the City is found to be out of compliance with their stormwater permit or the beneficial use determinations, DEQ will evaluate whether enforcement action is needed which may include corrective action and/or a fine.
How will DEQ verify that the City of Portland will follow the Beneficial Use Determination requirements?
The City is subject to a stormwater water quality permit called a 1200CA permit which identifies work practices and monitoring that the City will carry out. DEQ will review monitoring data, reports and may conduct periodic inspections of the project. If the City is found to be out of compliance with their stormwater permit or the beneficial use determinations, DEQ will evaluate whether enforcement action is needed which may include corrective action and/or a fine.
Why is this project not going through a normal permitting and hearing process?
DEQ rules do not require a DEQ solid waste disposal permit or public notice process for beneficial use determinations as required for solid waste permitting. DEQ determined that publishing a public notice for these beneficial use applications was important even though not required by rule. DEQ offered a public comment period and in response to requests received, participated in a community meeting to explain the beneficial use process, answer questions and provide clarification for attendees. DEQ also extended the comment period to allow people to provide additional written comments.