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Blue Heron Paper Company

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The Clean Water Act ( CWA ) is the primary federal law in the United States governing water pollution . Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters; recognizing the responsibilities of the states in addressing pollution and providing assistance to states to do so, including funding for publicly owned treatment works for the improvement of wastewater treatment ; and maintaining the integrity of wetlands .

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79-641: The Blue Heron Paper Company was a paper mill at Willamette Falls in Oregon City, Oregon , on the southeast bank of the river across from the Willamette Falls Paper Company , the T.W. Sullivan hydroelectric plant , and the Willamette Falls Locks and canal. In its operation from 2000 to 2011, the mill produced recycled paper products ranging from newsprint to paper bags. Facing increased competition from China,

158-533: A 9% increase . The association was stronger in those over 75 than in the population aged 65–74. This example is a small reflection of residents of the United States remain at risk of waterborne gastrointestinal illness under current water treatment practices. Reproductive problems refer to any illness of the reproductive system . New research by Brunel University and the University of Exeter strengthens

237-591: A Canadian investment firm, NRI Global, Inc., which has begun work removing the old machinery and cleaning the grounds of contamination. An agreement for the sale of the site itself was announced in June 2013, but later fell apart. In May 2014, another developer, George Heidgerken, purchased the property. Heidgerken then sold the property to the Confederated Tribes of Grand Ronde in August 2019. The falls

316-468: A budgetary procedure known as " earmarking ." Section 301 of the Act prohibits discharges to waters of the U.S. except with a permit. ( See Title IV for discussion of permit programs.) Recreational vessels are exempt from the permit requirements, but vessel operators must implement Best Management Practices to control their discharges. ( See Regulation of ship pollution in the United States .) Under

395-790: A complete inquiry of social and economic costs and benefits of achieving goals of the Act. Under section 309, EPA can issue administrative orders against violators, and seek civil or criminal penalties when necessary: States that are authorized by EPA to administer the NPDES program must have authority to enforce permit requirements under their respective state laws. Military bases, national parks and other federal facilities must comply with CWA provisions. Section 316 requires standards for thermal pollution discharges, as well as standards for cooling water intake structures (e.g., fish screens ). These standards are applicable to power plants and other industrial facilities. The 1987 amendments created

474-514: A demonstration grant program at the EPA to expand the research and development of non-point controls and management practices. Congress created a major public works financing program for municipal sewage treatment in the 1972 CWA. A system of grants for construction of municipal sewage treatment plants was authorized and funded in Title II . In the initial program, the federal portion of each grant

553-791: A higher rate of Parkinson's. The risk was 90 percent higher for those who had private wells near fields sprayed with widely used insecticides. Unlike water supplies in large cities, private wells are mostly unregulated and are not monitored for contaminants. Many of them exist at shallow depths of less than 20 yards, and some of the crop chemicals used to kill pests and weeds can flow into ground water. Therefore, private wells are likely to contain pesticides, which can attack developing brains (womb or infancy), leading to neurological diseases later in life. A study led by UCLA epidemiology professor Beate Ritz suggests that "people with Parkinson's were more likely to have consumed private well water, and had consumed it on average 4.3 years longer than those who did not have

632-553: A signed viewpoint along Highway 99E , from the Oregon City Bridge , from a viewpoint on northbound I-205 , or from boats in the river. The industrialization precluded public access to the base of the waterfall for well over a century. As of 2017, a process to redevelop the Blue Heron Paper Mill site and provide public access to the area, including a river walk, is underway. The Willamette Falls Trust

711-636: A surface area basis), and a little more than 70 percent of the nation's coastlines, and 90 percent of the surveyed ocean and near coastal areas were also impaired. The primary mode of informing the quality of water of rivers, lakes, streams, ponds, estuaries, coastal waters and wetlands of the U.S. is through the National Water Quality Inventory Report. Water quality assessments are conducted pursuant to water quality standards adopted by states and other jurisdictions (territories, interstate commissions and tribes). The report

790-575: A system of construction grants. The 1972 CWA provided that federal funds would support 75% of project costs, with state and local funds providing the remaining 25%. In 1981 Congress reduced the federal funding proportion for most grants to 55%. The construction grant program was replaced by the Clean Water State Revolving Fund in the 1987 WQA ( see Title VI ), although some local utilities continued to receive "special purpose project grants" directly from Congress, through

869-771: A three-tiered anti-degradation program. Anti-degradation procedures identify steps and questions that need to be addressed when specific activities affect water quality. "Tier 1" requirements are applicable to all surface waters. These requirements maintain and protect current uses and the water quality conditions to support existing uses. Current uses are identified by showing that fishing, swimming, and other water uses have occurred and are suitable since November 28, 1975. "Tier 2" requirements maintains and protects water bodies with existing conditions that are better to support "fishable/swimmable" uses pursuant to CWA section 101(a)(2). "Tier 3" requirements maintain and protect water quality in "outstanding national resource waters" (ONRWs), which are

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948-528: Is a horseshoe -shaped, block waterfall caused by a basalt shelf in the river floor. The 40 ft (12 m) high and 1500 ft (457 m) wide falls occur 26 river miles (42 km) upstream from the Willamette's confluence with the Columbia River . Operated by the U.S. Army Corps of Engineers, the lock was a four lock canal and was the oldest continuous operating, multiple lift navigation canal in

1027-450: Is conveyed to Congress as a means to inform Congress and the public of compliance with quality standards established by states, territories and tribes. The assessments identify water quality problems within the states and jurisdictions, list the impaired and threatened water bodies, and identify non-point sources that contribute to poor water quality. Every two years states must submit reports that describe water quality conditions to EPA with

1106-819: Is coordinating the Willamette Falls Inter-Tribal Public Access Project that is led by a team that includes Tribal Council Members and appointees from several sovereign nations, including the Confederated Tribes and Bands of the Yakama Nation, Confederated Tribes of Siletz Indians, Confederated Tribes of the Umatilla Indian Reservation and Confederated Tribes of the Warm Springs. Clean Water Act The Clean Water Act

1185-671: Is diluted by water. Methodology of mixing zone procedure determines the location, size, shape and quality of mixing zones. Variance policy temporarily relax water quality standard and are alternatives to removing a designated use. States and tribes may include variance as part of their water quality standard. Variance is subject to public review every three years and warrant development towards improvement of water quality. The "Low Flow" policy pertains to states and tribes water quality standards that identify procedures applied to determining critical low flow conditions. Most NPDES permittees are required to collect samples of their wastewater and analyze

1264-641: Is no known number of individuals in the tribes, Lewis and Clark estimated that there were at least 1500 members of the Clackamas tribe before during their 1804 expedition. In 1829, the first oceangoing vessel to sail up the Willamette, the Owyhee, anchored in the Clackamas Rapids. The captain, John Dominis, had wanted to set up a fishery. Though the accounts of the interactions between Captain Dominis and

1343-542: Is water quality criteria which serves as a basis for limiting the toxicity of waste discharges to aquatic species. A biological criterion is based on the aquatic community which describes the number and types of species in a water body. A nutrient criterion solely protects against nutrient over enrichment, and a sediment criterion describes conditions of contaminated and uncontaminated sediments to avoid undesirable effects. The water quality regulations include an anti-degradation policy that requires states and tribes to establish

1422-460: The Confederated Tribes of Warm Springs . European fur traders became aware of the falls in 1810. John McLoughlin established a land claim at the falls in the name of the Hudson's Bay Company in 1829. Oregon City was established in 1842 near the east end of the falls. The town of Linn City was founded on the western shore one year later in 1843. The two towns competed economically, vying for

1501-650: The Hudson Bay Company , British fur trader John McLoughlin claimed two square miles of land around the Willamette Falls . Sawmills were erected to secure the land and began producing lumber for the Hudson Bay company. In 1832, McLoughlin directed his employees to blast a mill race along the falls and begin further construction of mills and housing. Industrial expansion continued throughout the 1800s, and in 1866, Pioneer Paper Manufacturing Company

1580-515: The Nonpoint Source Management Program under CWA section 319. This program provides grants to states, territories and Indian tribes to support demonstration projects, technology transfer , education, training, technical assistance and related activities designed to reduce nonpoint source pollution. Grant funding for the program averaged $ 210 million annually for Fiscal Years 2004 through 2008. Congress amended

1659-796: The Safe Drinking Water Act , Resource Conservation and Recovery Act , and the Superfund act. Contamination of drinking water supplies can not only occur in the source water but also in the distribution system. Sources of water contamination include naturally occurring chemicals and minerals (arsenic, radon, uranium), local land use practices (fertilizers, pesticides, concentrated feeding operations), manufacturing processes, and sewer overflows or wastewater releases. Some examples of health implications of water contamination are gastrointestinal illness, reproductive problems, and neurological disorders. Infants, young children, pregnant women,

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1738-588: The Water Infrastructure Finance and Innovation Act of 2014 (WIFIA) to provide an expanded credit program for water and wastewater infrastructure projects, with broader eligibility criteria than the previously authorized revolving fund unter CWA Title VI. Pursuant to WIFIA, EPA established its Water Infrastructure and Resiliency Finance Center in 2015 to help local governments and municipal utilities design innovative financing mechanisms, including public–private partnerships . Congress amended

1817-654: The Willamette Falls Locks allowed boat traffic on the Willamette to pass into the main Willamette Valley . Native American oral history taught that the falls were placed there by the ancient hero T'allapus (Coyote) so that their people would have fish to eat all winter. · Willamette Falls was once the home to the Charcowah village of the Clowewalla band of Tumwaters or Willamette Band of Tumwaters, an upper Chinookan speaking people. These lands were ceded to

1896-459: The "functional equivalent of a direct discharge" to navigable waters, such as in this case, the injection of wastewater into groundwater injection wells . As of the time of the case's decision, this was not an area the EPA has established regulations for, and the Court instructed the EPA to work with the courts to define such functional equivalents. The Court wrote that this would likely depend most on

1975-436: The 1972 act EPA began to issue technology-based standards for municipal and industrial sources: As of 2023 the effluent guidelines and categorical pretreatment standards regulations have been published for 59 categories and apply to between 35,000 and 45,000 facilities that discharge directly to the nation's waters,129,000 facilities that discharge to POTWs, and construction sites. These regulations are responsible for preventing

2054-467: The Clackamas people vary, they ended with the Clackamas people swimming out and cutting his anchor. In the small amount of time the Owyhee had docked, malaria had spread to the tribes along the Willamette. In the winter of 1829–1830, over nine tenths of the Clackamas and Clowewalla had died from the disease. By 1855, only 88 members of the Clackamas tribe remained, and only 13 members of the Clowewalla remained. The complete devastation brought by malaria left

2133-494: The Northwest U.S. by volume, it is the seventeenth widest in the world. Horseshoe in shape, it is 1,500 feet (455 m) wide and forty feet (12 m) high, with a flow rate of 30,850 cu ft/s (874 m /s). Located 26 miles (42 km) upriver from the Willamette's mouth at Portland , Willamette Falls is a culturally significant site for many tribal communities in the region. Opened in 1873 and closed since 2011,

2212-1073: The Oregon City Paper Manufacturing Co. in 1866. The Willamette Pulp and Paper Co. opened on the West Linn side during 1889. The ownership of the mills has changed several times. The last two remaining mills in 2011 were owned by the West Linn Paper Company and the Blue Heron Paper Company . West Linn Paper Company announced it was shutting down in October 2017, and reopened in November 2019 as Willamette Falls Paper Company . Blue Heron Paper Company closed its mill in February 2011. The Blue Heron site has subsequently been auctioned off for redevelopment. The milling facilities were sold to

2291-735: The Supreme Court rejected the "significant nexus" test in Sackett v. EPA and established the current definition. The CWA introduced the National Pollutant Discharge Elimination System (NPDES), a permit system for regulating point sources of pollution. Point sources include: Point sources may not discharge pollutants to surface waters without an NPDES permit. The system is managed by EPA in partnership with state environmental agencies. EPA has authorized 47 states to issue permits directly to

2370-484: The TMDL determines load based on a Waste Load Allocation (WLA), Load Allocation (LA), and Margin of Safety (MOS) Once the TMDL assessment is completed and the maximum pollutant loading capacity defined, an implementation plan is developed that outlines the measures needed to reduce pollutant loading to the non-compliant water body, and bring it into compliance. Over 60,000 TMDLs are proposed or in development for U.S. waters in

2449-424: The U.S. Department of Agriculture to improve runoff management practices on farms. See Natural Resources Conservation Service . Stormwater runoff from industrial sources, municipal storm drains , and other sources were not specifically addressed in the 1972 law. EPA had declined to include urban runoff and industrial stormwater discharges in its initial implementation of the NPDES program, and subsequently

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2528-659: The US government in exchange for a ten-year annuity of $ 2,500. The treaty was ratified March 3, 1855, and the remaining Clackamas people were to relocate to the Grand Ronde Reservation. By the summer of the same year, the US government had forcibly moved the remaining tribe members into the reservation, and refused to pay out any of the annuity. In 2000, the Blue Heron Paper Company was sued by The Northwest Environmental Defense Center, alleging that

2607-729: The United States Government under the Willamette Valley Treaty of 1855 (signed on January 22, 1855; ratified on March 3, 1855). Tribal members were then removed from these ancestral lands to the Grand Ronde Reservation and the Siletz Indian Reservation . Willamette Falls is an important location for many tribes. The abundance of salmon brought tribal communities from all over to fish, trade, and interact at

2686-473: The United States. The industrialization of the area led to diminishing salmon and steelhead runs, prompting the construction of a fish ladder in 1882. A new fish ladder , built in 1971, is operated by the Oregon Department of Fish and Wildlife . The estimated spring chinook salmon run for 2007 was 52,000. The public can view the falls from viewpoints on the bluffs of Oregon City , from

2765-638: The United States." In 2006, in Rapanos v. United States , a plurality of the US Supreme Court authored by Justice Antonin Scalia held that the term "waters of the United States" "includes only those relatively permanent, standing or continuously flowing bodies of water 'forming geographic features' that are described in ordinary parlance as 'streams[,]... oceans, rivers, [and] lakes.'" The concurrent written opinion of Justice Anthony Kennedy defined

2844-681: The WIFIA program in 2015, 2016 and 2018. This Act has six titles. Title I includes a Declaration of Goals and Policy and various grant authorizations for research programs and pollution control programs. Some of the programs authorized by the 1972 law are ongoing (e.g. section 104 research programs, section 106 pollution control programs, section 117 Chesapeake Bay Program ) while other programs no longer receive funds from Congress and have been discontinued. To assist municipalities in building or expanding sewage treatment plants, also known as publicly owned treatment works (POTW), Title II established

2923-570: The Willamette Falls Canal and Locks Company to the United States Army Corps of Engineers in 1915. They were closed in 2011. The Willamette Falls Electric Company (later renamed Portland General Electric ) was formed in 1888 to build a hydro-electric generation facility at the falls. Four turbine-driven dynamos were built on the east end of the falls. A 14-mile (23-kilometer) long transmission line to Portland

3002-708: The Willamette Falls. These tribes were not hunter gatherers, nor practiced agriculture, but survived by fishing the falls. Large groups of men would use dip-nets or spears to catch fish, and these fish would then be preserved by drying or smoking. The fish were so plentiful that neighboring tribes would frequently come to trade and request fishing rights to the falls. In addition, the tribes were expert boatmen and were relied on heavily for river transportation. The villages of these tribes were made to be permanent. They build lodges out of cedar planks, and these lodges frequently housed upwards of 20 individuals. Though there

3081-515: The agency was sued by an environmental group . In 1977, the D.C. Circuit Court of Appeals ruled that stormwater discharges must be covered by the permit program. Research conducted starting in the late 1970s and 1980s indicated that stormwater runoff was a significant cause of water quality impairment in many parts of the US. In the early 1980s, the EPA conducted the Nationwide Urban Runoff Program (NURP) to document

3160-409: The company filed for chapter 11 bankruptcy in 2009. By 2011, the mill could no longer remain in operation due to the rising paper prices and lack of investors. The confederated Tribes of Grande Ronde acquired control of the land in 2019 for $ 15.25 million, and are now planning a cultural and community center. Four other tribes cite ancestral connections to the area. In 1829, under the employment of

3239-762: The discharge of almost 700 billion pounds of pollutants each year. EPA has updated some categories since their initial promulgation and has added new categories. The secondary treatment standards for POTWs and the effluent guidelines are implemented through NPDES permits. (See Title IV .) The categorical pretreatment standards are typically implemented by POTWs through permits that they issue to their industrial users. The CWA requires states to monitor their water bodies and establish Water Quality Standards for them. Water Quality Standards (WQS) are risk-based requirements which set site-specific allowable pollutant levels for individual water bodies, such as rivers, lakes, streams and wetlands. States set WQS by designating uses for

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3318-521: The discharging facilities. The CWA also allows tribes to issue permits, but no tribes have been authorized by EPA. In the remaining states and territories , the permits are issued by an EPA regional office. (See Titles III and IV .) In legislation prior to 1972, Congress had authorized states to develop water quality standards, which would limit discharges from facilities based on the characteristics of individual water bodies. However, those standards were to be developed only for interstate waters, and

3397-594: The disease." Under the current Supreme Court rule issued in 2023, all waters (such as streams, oceans, rivers and lakes) with "a continuous surface connection" to "navigable waters" are covered under the CWA. The 1972 statute frequently uses the term "navigable waters" but also defines the term as "waters of the United States, including the territorial seas." Regulations interpreting the 1972 law have included water features such as intermittent streams , playa lakes , prairie potholes , sloughs and wetlands as "waters of

3476-597: The distance the pollutants traveled and time to reach navigable waters, with consideration for the material that the pollutants traveled through, any physical or chemical interaction of the pollutants with components in the ground, and how much of the pollutant makes it to the navigable water. In July 2021, following the Supreme Court decision, the Hawaii District Court determined that the Maui County sewage treatment plant's groundwater injection of sewage

3555-410: The elderly are at highest risk for gastrointestinal disease. In a study investigating the association between drinking water quality and gastrointestinal illness in the elderly of Philadelphia, scientists found water quality 9 to 11 days before the visit was negatively associated with hospital admissions for gastrointestinal illness, with an interquartile range increase in turbidity being associated with

3634-449: The elderly, and people whose immune systems are compromised because of AIDS, chemotherapy, or transplant medications, may be especially susceptible to illness from some contaminants. Gastrointestinal disorders include such conditions as constipation, irritable bowel syndrome, hemorrhoids, anal fissures, perianal abscesses, anal fistulas, perianal infections, diverticular diseases, colitis, colon polyps and cancer. In general, children and

3713-782: The extent of the urban stormwater problem. The agency began to develop regulations for stormwater permit coverage but encountered resistance from industry and municipalities, and there were additional rounds of litigation. The litigation was pending when Congress considered further amendments to the CWA in 1986. In the Water Quality Act of 1987, Congress responded to the stormwater problem by defining industrial stormwater dischargers and municipal separate storm sewer systems (often called "MS4") as point sources, and requiring them to obtain NPDES permits, by specific deadlines. The permit exemption for agricultural discharges continued, but Congress created several programs and grants, including

3792-460: The falls - creating an economic and cultural hub for the region. Each year many tribes harvest ceremonial salmon at Willamette Falls and collect lamprey during the summer, including the Confederated Tribes and Bands of the Yakama Nation , the Confederated Tribes of the Grand Ronde , the Confederated Tribes of Siletz Indians , the Confederated Tribes of the Umatilla Indian Reservation , and

3871-555: The falls. By 2021, all three independent groups had formed an official partnership to redevelop the site of the mill. In 2022, upset with the lack of any real progress on the redevelopment, the Confederated Tribes of Grand Ronde pulled out of the partnership. Willamette Falls The Willamette Falls is a natural waterfall in the northwestern United States , located on the Willamette River between Oregon City and West Linn, Oregon . The largest waterfall in

3950-405: The highest quality waters in the US with ecological significance. States and Native American tribes also adopt general policies pertaining to water quality standards that are subject to review and approval by the EPA. Those provisions on water quality standards include mixing zones, variance, and low flow policies. Mixing zone policy is defined area surrounding a point source discharge where sewage

4029-477: The lucrative steamboat traffic and the trade it generated. With the falls representing the end of the line for boat traffic, river boat captains were forced to choose a side of the river on which they would dock to unload their passengers and goods; some of which would continue their upriver journey on winding portage toll roads. Competition between the towns was fierce until the Great Flood of 1862 . Oregon City

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4108-867: The name of the law is the Federal Water Pollution Control Act . The first FWPCA was enacted in 1948, but took on its modern form when completely rewritten in 1972 in an act entitled the Federal Water Pollution Control Act Amendments of 1972 . Major changes have subsequently been introduced via amendatory legislation including the Clean Water Act of 1977 and the Water Quality Act (WQA) of 1987. The Clean Water Act does not directly address groundwater contamination . Groundwater protection provisions are included in

4187-647: The next decade and a half. Following the issuance of a TMDL for a water body, implementation of the requirements involves modification to NPDES permits for facilities discharging to the water body to meet the WLA allocated to the water body (see Title IV ). The development of WQS and TMDL is a complex process, both scientifically and legally, and it is a resource-intensive process for state agencies. More than half of U.S. stream and river miles continue to violate water quality standards. Surveys of lakes, ponds and reservoirs indicated that about 70 percent were impaired (measured on

4266-412: The permit. The 1972 act authorized continued use of the water quality-based approach, but in coordination with the technology-based standards. After application of technology-based standards to a permit, if water quality is still impaired for the particular water body, then the permit agency may add water quality-based limitations to that permit. The additional limitations are to be more stringent than

4345-423: The point source definition in the 1972 CWA and was unclear on the status of some other sources. Such sources were therefore considered to be nonpoint sources that were not subject to the permit program. Agricultural stormwater discharges and irrigation return flows were specifically exempted from permit requirements. Congress, however, provided support for research, technical and financial assistance programs at

4424-481: The redevelopment of the site, and began communications with Willamette Falls Legacy Project. This budding partnership gained interest from the Willamette Falls Trust, which is a non-profit which represents four confederated tribes (Confederated Tribes of the Umatilla Indian Reservation, Confederated Tribes of Siletz Indians, Yakama Nation and Confederated Tribes of Warm Springs) who have history within

4503-544: The relationship between water pollution and rising male fertility problems. Study identified a group of chemicals that act as anti-androgens in polluted water, which inhibits the function of the male hormone, testosterone, reducing male fertility. Neurological disorders are diseases of the brain, spine and the nerves that connect them. The new study of more than 700 people in California's Central Valley found that those who likely consumed contaminated private well water had

4582-620: The samples using test methods specified in their permits. EPA publishes analytical methods that are used by the permittees. The procedures identify chemical compounds and microbiological components of wastewater, as required by the act. Some of the chemical compound test procedures include the chemical detection of trace elements such as cancer-causing metals. Some microbiological test procedures use microbial source tracking (MST) techniques to calculate and identify biological and chemical trends that may support new regulatory limits on pollutants. Congress exempted some water pollution sources from

4661-469: The science to support that process (i.e. data, methodology) was in the early stages of development. That system was not effective, and there was no permit system in place to enforce the requirements. In the 1972 CWA, Congress added the permit system and a requirement for technology-based effluent limitations. In the 2020 Supreme Court case County of Maui v. Hawaii Wildlife Fund , the Court also validated that some discharges may not be point sources, but are

4740-428: The section 303(d) list of water bodies not meeting standards. Water bodies on the 303(d) list require development of a Total Maximum Daily Load (TMDL). A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still meet WQS. The TMDL is determined after study of the specific properties of the water body and the pollutant sources that contribute to the non-compliant status. Generally,

4819-482: The technology-based limitations and would require the permittee to install additional controls. Water quality standards consist of four basic elements: 1) Designated uses; 2) Water quality criteria; 3) Antidegradation policy and 4) General policies. The water quality standards regulations require states and federally recognized tribes/nations to specify appropriate uses for water bodies in their jurisdiction. Identification of appropriate water uses takes into consideration

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4898-497: The term more broadly, including wetlands with a "significant nexus" to traditionally-defined navigable waters. Since Rapanos , the EPA and the U.S. Army Corps of Engineers have attempted to define protected waters in the context of Rapanos through the 2015 Clean Water Rule , but this has been highly controversial. The agencies considered the CWA to cover bodies of water with a "significant nexus" with traditional navigable waters, according with Justice Kennedy's definition. In 2023,

4977-594: The title of Blue Heron Paper Company, production continued. By 2006, the company was completely employee owned and operated. In the years following the shift to employee ownership, Blue Heron's financial situation worsened. Prices for the paper waste needed to produce paper increased by 70 percent. This increase was widely attributed to overseas competition. In 2009, the company filed for chapter 11 bankruptcy protection. In 2011, Blue Heron Paper Company permanently closed citing rising paper costs and lack of investors. The Clackamas and Clowewalla tribes resided above and below

5056-399: The tribes of the Willamette Falls unable to stop their land from being stolen by English settlers. Infrastructure and housing created by the settlers began to overtake the falls, and in 1848 the last lodge that had been built by the Clowewalla was deliberately burned down. With no where left to go, the last 88 Clackamas people signed a treaty on January 10, 1855, which ceded all of their land to

5135-597: The usage and value of public water supply, protection of fish, wildlife, recreational waters, agricultural, industrial and navigational water ways. Suitability of a water body is examined by states and tribes/nations usages based on physical, chemical, and biological characteristics. States and tribes/nations also examine geographical settings, scenic qualities and economic considerations to determine fitness of designated uses for water bodies. If those standards indicate designated uses to be less than those currently attained, states or tribes are required to revise standards to reflect

5214-463: The use must be designated. States and federally recognized Indigenous Nations protect their designated areas by adopting water quality criteria that the EPA publishes under CWA section 304(a), modifying the criteria to reflect site-specific conditions or adopting criteria based on other scientifically defensible methods. Water quality criteria can be numeric criteria that toxicity causes are known for protection against pollutants. A narrative criterion

5293-465: The uses that are actually being attained. For any body of water with designated uses that do not include "fishable/swimmable" target use that is identified in section 101(a)(2) of CWA, a "Use Attainability Analysis" must be conducted. Every three years, such bodies of water must be re-examined to verify if new information is available that demand a revision of the standard. If new information is available that specify "fishable/swimmable" uses can be attained,

5372-452: The wastewater produced by the paper mill was too warm and violated the Clean Water Act . This warm wastewater was argued to be too hot for the endangered salmon that reside within the Willamette River . After the 2011 closure and subsequent abandonment of the property, multiple clean-up projects have been carried out. In 2013, concerns about copper and zinc leaking into the environment from the dilapidated pipes and roofs were raised, as there

5451-526: The water body (e.g., recreation, water supply, aquatic life, agriculture) and applying water quality criteria (numeric pollutant concentrations and narrative requirements) to protect the designated uses. An antidegradation policy is also issued by each state to maintain and protect existing uses and high quality waters. If a state fails to issue WQS, EPA is required to issue standards for that state. Water bodies that do not meet applicable water quality standards with technology-based controls alone are placed on

5530-625: Was a risk to the endangered salmon population. The runoff from the facility was run through a compost system to filter out excess amounts of such metals, and this process was continued for five years. After the paper mill's closure in 2011, the joining of 4 local governments (the City of Oregon City, Metro, Clackamas County and the Governor's Regional Solutions Team) formed the Willamette Falls Legacy Project . This project

5609-457: Was built, becoming the first long-distance transmission of electrical energy in the United States in 1889. In 1895 Portland General Electric built a second generation station on the west side of the falls. The newer plant, called the T.W.Sullivan Plant (previously Station B), is still in operation with a capacity of 16,000 kilowatts. The foundations of the old plant still remain. The falls have been home to several paper mills beginning with

5688-544: Was established. This was the first paper mill in Oregon. Pioneer Paper Manufacturing Company closed in 1867, and from it came two new companies: Oregon City Mills and Crown Paper Company. Oregon City Mills was a flour mill in operation until 1880, where it was purchased and then later absorbed into the Portland Flour Mills Co. Portland Flour Mills Co. was successful and stayed in operation until 1907, when it

5767-402: Was inundated and badly damaged, while Linn City was obliterated. Navigating past the falls was not possible until the completion of the Willamette Falls Locks in 1873. During construction of the locks, channels were blasted from the rocks that formerly supported the town of Linn City. Along with the locks, the city of West Linn sits on a portion of the former town site. The locks were sold by

5846-489: Was meant to survey the existing site and begin planning for redevelopment. In 2014 the group came to an agreement about the future of the project, and proposed to create a riverwalk in the place of the old mill. This proposal was expected to restore the surrounding environment, and create 1480 permanent jobs in the area. In 2019, the Confederated Tribes of Grand Ronde purchased the site of the mill for $ 15.25 million. The Tribes of Grand Ronde brought forth their own proposal for

5925-496: Was one of the United States' first and most influential modern environmental laws . Its laws and regulations are primarily administered by the U.S. Environmental Protection Agency (EPA) in coordination with state governments, though some of its provisions, such as those involving filling or dredging, are administered by the U.S. Army Corps of Engineers . Its implementing regulations are codified at 40 C.F.R. Subchapters D, N, and O (Parts 100–140, 401–471, and 501–503). Technically,

6004-482: Was purchased by W. P. Hawley and converted back into a paper mill, becoming The Hawley Paper Company. In 1948, The Hawley Paper Company was sold to Publishers Paper Co, who then became Smurfit Newsprint Corp in 1986. In 1998, Smurfit acquired Stone Container Corporation and became Smurfit-Stone. This acquisition was expensive and to help alleviate debts, the paper division of the company was sold to KPS Special Situations Fund LF of New York and mill employees in 2000. Under

6083-422: Was the "functional equivalent of a direct discharge" and required the plant to obtain an NPDES permit. The 1972 CWA created a new requirement for technology-based standards for point source discharges. EPA develops those standards for categories of dischargers, based on the performance of pollution control technologies without regard to the conditions of a particular receiving water body . The intent of Congress

6162-460: Was to create a "level playing field" by establishing a basic national discharge standard for all facilities within a category, using a " Best Available Technology ." The standard becomes the minimum regulatory requirement in a permit. If the national standard is not sufficiently protective at a particular location, then water quality standards may be employed, and the permit authority (state or EPA) will include water quality-based effluent limitations in

6241-459: Was up to 75 percent of a facility's capital cost , with the remainder financed by the state. In subsequent amendments Congress reduced the federal proportion of the grants and in the 1987 WQA transitioned to a revolving loan program in Title VI . Industrial and other private facilities are required to finance their own treatment improvements based on the polluter pays principle . Congress passed

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