Committee hears emergency measure to let Marion County start North Santiam sewer construction

Senate and local officials told the Agriculture, Land Use, Natural Resources, and Water Committee on April 16 that Senate Bill 1189 would let Marion County begin construction on a sewer system for the North Santiam Canyon following the 2020 fires.

The bill is aimed at resolving a timing conflict between Oregon Department of Environmental Quality rules that prohibit direct discharge to three protected basins and federal guidance that applies when a city is effectively destroyed. Marion County officials said the measure would allow construction to start immediately after the governor signs the bill; it would not authorize sending wastewater into local rivers until DEQ completes a separate rule change.

Senator Fred Gerard, who represents rural parts of Clackamas, Marion and Linn counties, said the bill grew from a practical problem created by the Maui Supreme Court decision and subsequent federal guidance. "This bill is a coab, a group sort of solution. Again, DEQ is showing some flexibility," Gerard said, adding thanks to the governor for stepping in. Marion County Commissioner Kevin Cameron and county staff described a tight schedule tied to ARPA spending.

County and project officials said Marion County holds $50,000,000 in ARPA funds earmarked for the sewer work and that the money must be obligated under federal guidelines by Dec. 31, 2026. Project manager Chris Einmo told the committee that the grant funds are administered by the state and reimbursed through Business Oregon as expenses are incurred. Commissioner Kevin Cameron said construction needs to begin no later than June 1 to meet that schedule. "The construction of the system is such that to meet our ARPA guidelines and spend this money by 12/31/2026, the construction needs to start no later than June 1," Cameron said.

Jason Pulley, speaking for the City of Salem, described downstream public-health interests and said Salem relies on the North Santiam River for drinking water for more than 200,000 people. "The city of Salem is fully supportive as a downstream user that relies on the North Santiam River to provide drinking water to over 200,000 people," Pulley said.

Speakers emphasized that SB 1189 would not resolve the regulatory conflict between DEQ's three-basin rule and federal permitting requirements; Marion County has filed a rulemaking request with DEQ and expects the DEQ rule-change process to run on a separate track. County staff projected the DEQ rule change could be completed in the spring of the following year and that testing and final steps would follow before any discharge occurred.

Committee leaders closed the public hearing and indicated they will hold a work session on SB 1189 to consider moving the bill to the House floor and to the governor. No formal committee vote was recorded during the hearing.

Marion County and the affected cities will need the statute to include an emergency clause so construction can begin immediately after gubernatorial signature; presenters described the measure as time sensitive given the ARPA spending deadline.