One Oregon agency is fining another for what it says are violations of the federal Clean Water Act for failing to follow best management practices while doing bank stabilization work on the North Fork of the Alsea River.
The Oregon Department of Environmental Quality has proposed fining the Oregon Department of Fish & Wildlife $16,980 for the violations. ODFW is appealing the fine and both agencies are now in the settlement process, according to a DEQ spokesman.
The fine occurred after an ODFW contractor conducted in-water work last August without first installing silt curtains, creating a temporary coffer dam or implementing any other best management practices necessary to isolate the work from the river. They also failed to conduct the required turbidity monitoring.
All of the requirements were laid out in the state permit ODFW received before beginning the work, which took place a quarter mile upstream from its Alsea Fish Hatchery during late August 2022.
The violations came to light after DEQ received a complaint Aug. 26 of elevated turbidity in the river near the hatchery. Turbidity can reduce the growth of aquatic plants and negatively impact the ability of aquatic life to catch prey.
DEQ sent a letter to ODFW in April notifying them of the fine. ODFW had the option of paying the fine or requesting a hearing, which they did.
Dylan Darling, public affairs specialist for DEQ’s western region, said the agencies are trying to settle the issue outside of a formal hearing. “Most of DEQ’s enforcement cases are resolved in settlement,” he said.
Darling said the DEQ may allow ODFW to resolve part of the penalty by completing another environment-related project in lieu of paying part of the penalty. A portion of the fine — $12,030 — represents the economic benefit gained by failing to install a temporary coffer dam and complete turbidity monitoring.
Darling added that his understanding is that the work was carried out by a sub-contractor. Why the contractor failed to follow through on any of the requirements in the permit to do the work, or why ODFW staff was not present to make sure the required management practices were followed is unknown.
In an email to YachatsNews, ODFW’s statewide communications coordinator Michelle Dennehy said that the “alleged event was not associated with regular hatchery operation or activities” and that the agency does not comment on matters involving pending or actual litigation.