Deschutes County officials weigh in on bill creating groundwater "concern areas" and funding for septic repairs

Deschutes County commissioners and staff discussed Senate Bill 1154 on April 4, a proposed rewrite of Oregon’s groundwater quality statute that would establish a new “groundwater quality concern area” designation and set in motion assessments, interagency committees and targeted funding for on-site septic repairs.

County Natural Resources staff described the bill as a substantive overhaul of existing groundwater quality law that directs the Oregon Department of Environmental Quality (DEQ) to declare a groundwater concern area when contamination thresholds are met. The designation would prompt an agency assessment, creation of a local voluntary compliance plan and priority access to funding for repair or replacement of failing septic systems, staff said.

County staff noted the bill includes a provision that would ease the path to a Goal 11 exception where contamination approaches the management-area threshold. “If an area reaches those thresholds, there's essentially written into the bill a Goal 11 exception,” a county staff member explained, and said the measure could be useful to get ahead of problems before a full groundwater management-area designation — which carries heavier regulation — would be applied.

Commissioners expressed mixed reactions. Commissioner Chang said the new “concern area” category could help the county avoid triggering the more stringent regulatory regime that comes with a groundwater management-area designation and recommended supporting the concept while seeking a streamlined Goal 11 exception pathway. Other commissioners asked for additional review of the bill's length and regulatory provisions before taking a formal position.

County staff recommended drafting a letter supporting the new category and requesting that the legislature and DEQ include clearer, expedited pathways to a Goal 11 exception for unincorporated areas near existing wastewater treatment plants. Staff also flagged that the statutory rewrite is long and includes regulatory elements that merit further review before the board finalizes a formal position.

Next steps: staff will draft proposed language for a letter and return to the board for final direction; one commissioner said they may testify at the committee hearing if the board does not act beforehand.

Why it matters: Southern Deschutes County has documented groundwater loading issues and relies heavily on on-site septic systems. The bill would set state-level processes and funding priorities that could speed local remediation, but it also would attach a state label to affected areas — a point several commissioners called politically sensitive.