Oregon DEQ levies more fines on Port of Morrow following nitrate pollution settlement

By Antonio Sierra (OPB)
April 5, 2024 11:51 p.m.

State says the port had more than 880 violations over four-month span.

The Port of Morrow may be taking steps to reduce nitrate pollution in the Lower Umatilla Basin, but those won’t stop the Oregon Department of Environmental Quality from levying a new round of fines.

Port of Morrow's East Beach Facility in Boardman, Oregon on April 15, 2022.

Port of Morrow's East Beach Facility in Boardman, Oregon on April 15, 2022.

Monica Samayoa / OPB

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A Thursday letter from DEQ notified the port that it owes the agency more than $727,000 for more than 880 wastewater permit violations during the non-growing season from November to February. This came after DEQ revealed in January that the port had already violated its permit hundreds of times during the final two months of 2023.

A written statement from port director Lisa Mittelsdorf anticipated better pollution outcomes in late 2025 when the port expects to complete improvements to its wastewater system.

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“The Port of Morrow is investing $500 million to upgrade its wastewater treatment system to meet DEQ regulatory requirements,” she said. “When upgrades are in place, the Port will have storage capacity to avoid winter-season land application.”

Mittelsdorf added that the port would designate 80% of its fine toward safe drinking water in the basin, a requirement from DEQ.

Nitrate pollution in the Lower Umatilla Basin has been a known problem for more than 30 years. Excess nitrates from the agricultural industry and other sources have led to increasing levels of nitrates in the region’s groundwater. For residents who draw their drinking water from wells, it could put them at risk for cancer and other diseases.

The port has been a frequent target of DEQ as the state has attempted to take the groundwater pollution more seriously. The port takes nitrate-rich wastewater from food processors and data centers and funnels it to nearby farms to aid their crops. When over-applied, this process has led to hundreds of violations and millions of dollars in fines.

The port reached a settlement agreement with DEQ in 2023 and agreed to a $2.4 million fine after it was fined in January 2022 for over-applying more than 200 tons of wastewater. The fine was later increased.

While DEQ is holding the port to account, studies show that it is far from the top contributor to groundwater nitrates. A Lower Umatilla Basin groundwater committee estimated that 70% of the basin’s nitrates came from irrigated agriculture, farmers who use wastewater and fertilizer to cultivate crops like onions and potatoes.

The port’s wastewater is regulated but farmers’ nitrate output is not. The basin’s groundwater committee is working on voluntary measures for local growers to follow, but the state hasn’t introduced any hard rules to limit the pollution from irrigated agriculture.

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