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Post by Admin on Oct 10, 2019 4:00:49 GMT
Oregon Department of Environmental Quality Port of Coos Bay Boat Yard click on the image of the letter to enlarge it. The Port of Coos Bay Deceived the Clam Diggers of Oregon by hiding the truth about cleaning up three contaminated SUPPER FUND CLEANUP SITES violating the agreement between the State of Oregon and the EPA all to escape having these sites listed as SUPER FUND SITES.
Even today their excuses and lies come out from both sides of their mouths at the same time. They are masters of manipulation when speaking with the Double Tongue. Why should the public believe them now when they could not find the truth in over 20 years. They failed to keep their end of the Deferral Agreement between Governor Kitzhaber, the Port of Coos Bay, DEQ and the EPA. Click on the image of the first page of the Deferral Agreement below. That is my opinion Bill
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Post by Admin on Oct 10, 2019 17:28:58 GMT
The State of Oregon denies the existence of the EPA declaring 3 severally contaminated tidelands as 3 Supper Fund Sites, so says ODFW Director Curt Melcher in a letter to Mr. Smilth:
- Kate Brown, Governor 4034 Fairview Industrial Drive SE
Salem, OR 97302
June 26, 2018 (503) 947-6044 FAX (503) 947-6042
odfw.com
BY ELECTRONIC MAIL:
OREGON Fish &Wildlife
MR. Smith
Dear Mr. Smith, Thank you for your questions regarding shellfish safety and environmental contaminants at the Charleston Boat Yard (South Slough of Coos Bay). This letter provides a summary of the testing and cleanup activities that have occurred at the Charleston Boat Yard, and responds to the issues raised in your letter regarding actions undertaken by staff members from the Oregon Department of Fish and Wildlife (ODFW).
Department of Fish and Wildlife Office of the Director
Contaminants and Remedial Actions at the Charleston Boat Yard: The Charleston Boat Yard has experienced a long history of contamination, testing, remedial clean-up actions, further testing, and risk assessment over three decades. In the late 1980s and early 1990s, sediments from the Charleston Boat Yard were tested for contaminants by the Oregon Department of Environmental Quality (DEQ) as part of its bay-wide investigation for Coos Bay. At that time, DEQ detected elevated concentrations of oil, grease, tributyltin, chromium, copper, nickel and zinc. The Port of Coos Bay conducted further testing of sediments associated with the Charleston Boat Yard in 1998, and the analysis revealed elevated metals primarily within a 50 X 100 foot area next to the marine ways in the intertidal zone, within the upper six inches of sediment adjacent to the marine ways in the subtidal zone, and within upland soils in the industrialized areas of the site. The Port of Coos Bay restricts public access to the marine ways. Clamming does not occur in this area of private property directly associated with the marine ways.
The Charleston Boat Yard is not designated by the U.S. Environmental Protection Agency (EPA) as a Superfund National Priority Site. The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 1980) established Superfund as a federal program designed to allow EPA to clean up sites contaminated with hazardous substances and pollutants. The CERCLA/Superfund Program requires EPA to coordinate with states and tribes in cases when the federal government leads cleanup operations, and allows states, tribes and local governments to lead cleanup efforts in cases when they have the necessary technical and management expertise. EPA signed an agreement with DEQ in 1998 that deferred consideration of the Charleston Boat Yard as a Superfund site. Deferral by EPA designated DEQ as the lead agency to oversee the clean-up actions conducted by the responsible party (Oregon International Port of Coos Bay). The Charleston Boat Yard is not a Superfund site. Clean-up actions were initiated by the Port of Coos Bay at the Charleston Boat Yard site in 1998, and included:
Dredging of 60 cubic yards of metal-contaminated sediments from the upstream side of the marine ways just below the low-tide line (1998);
Installation of a boat yard wastewater containment system with collection sumps and a treatment system to prevent wash water from entering the Slough (1998); Construction of a fully enclosed sandblast grit storage area (1998);
Excavation of 300 cubic yards of contaminated sediment to a depth of three feet outward to about 30 feet laterally on both sides of the marine ways (2001); and Removal of 1,400 cubic yards of contaminated surface soil from the southern upland portion of the site, and capping the area with low-permeability asphalt concrete (2001).
In 2014, DEQ requested that the Port of Coos Bay perform an additional investigation of residual contamination of sediments in the intertidal zone near the marine ways, coupled with biological testing to determine if the copper and tributyltin were at levels toxic to aquatic organisms. The Port of Coos Bay completed the investigation of sediments next to the marine ways, including analysis of reference samples from two upstream locations (Browns Cove and Younker Point) and analysis of shellfish samples that are representative of species that are harvested by recreational clammers (Gaper clams, Butter clams, Cockles, Bent-nose Macoma clams).
ODFW provided comments and recommendations to DEQ regarding the species of shellfish, locations for testing, identification of appropriate reference sites, and the levels of recreational shellfish harvest activities that occur immediately adjacent to the marine ways and in the general vicinity of the Charleston Boat Yard. DEQ incorporated several of the recommendations offered by ODFW into the work plan the Port of Coos Bay carried out to investigate residual contamination of sediments and biological testing to determine their toxicity and likelihood for bioaccumulation in shellfish tissue.
Tissue samples from two species of clams (Butter clams, Bent-nose Macoma clams) were analyzed for tributyltin levels, resulting in detections at 15 microgram/kilogram (Butter clam) and 17 microgram/kilogram (Bent-nose Macoma clam). Both of these detections are well below the acceptable level of 120 microgram/kilogram tributyltin for shellfish meat as determined by DEQ for protection of human health for ingestion by recreational clammers and tribal consumers. The Port tested sediment samples for toxicity using bioassay tests deemed appropriate for aquatic organisms by DEQ, including: (l) a 48-hr mussel larval test; (2) a 10-day amphipod survival test; and (3) a 20-day polychaetes survival and growth test. Results from the bioassay tests indicated that site sediments with elevated copper do not result in negative effects to aquatic organisms.
In 2018, DEQ concluded that the remedial actions completed by the Port of Coos Bay for the Charleston Boat Yard sufficiently addressed contaminated soils and tidal sediments with potential risks to human health and the environment. DEQ concluded that residual metals remained in tidal sediment near the marine ways above the screening levels established in DEQ's Record of Decision (2001), despite efforts undertaken to remove them. However, the updated DEQ risk evaluation using recent testing of sediment, shellfish tissues, and bioassays indicates that there are currently no unacceptable risks to human health or wildlife.
DEQ issued a conditional No Further Action determination for the Charleston Boat Yard Site on June 7, 2018.
DEQ establishes water quality standards for the tidal waters of Coos Bay. These standards include identification of Total Maximum Daily Loads for various water parameters, designation of water quality criteria for toxic pollutants, specification of requirements for discharge permits, and other actions designed to protect aquatic life and ensure use of state waters without adverse effects. The water quality standards established by DEQ are intended to allow Oregonians to safely consume fish and shellfish that are cultivated or harvested from bays and estuaries, including Coos Bay. DEQ develops its water quality criteria based on standards recommended by EPA which are the foundation of the federal water quality control program mandated by the Clean Water Act.
DEQ records indicate that water quality conditions are generally good for the marine-dominated tidal waters within the Coos estuary tidal basin, although the estuarine waters experience elevated temperatures, low concentrations of dissolved oxygen, and periodic exceedances for fecal indicator bacteria, During events when fecal indicator bacteria in estuarine waters exceed DEQ standards, alerts are issued by local municipalities, sewage treatment facilities, wastewater management departments, sanitary districts, the Oregon Department of Agriculture, the Oregon Health Authority, and/or other responsible parties.
In addition, DEQ works together with the State of Oregon Marine Board to establish minimum standards for proper collection and disposal of sewage generated by a wide variety of on-water structures, boats and vessels moored at the Charleston Marina and Charleston Distant Water Fleet Facility. The goal is to protect water quality in South Slough and Coos Bay through reasonable and achievable water pollution prevention measures.
In 2013-2015, the DEQ Water Quality Toxics Monitoring Program tested a variety of shellfish species collected along the Oregon coast (including South Slough) for potential contaminants. This study was designed to assess the presence of contaminants in shellfish coast-wide and assess possible ecological endpoints. The investigation included measurements for a wide range of potential contaminants, including arsenic, cadmium, mercury, selenium, chlorinated pesticides, polychlorinated biphenyls, dioxins and furans, and brominated flame retardants. Softshell clams (Mya arenaria) that inhabit estuaries all along the Oregon coast were found to contain elevated levels of inorganic arsenic, but the level of inorganic arsenic was not elevated in the softshell clams collected from South Slough. No other contaminants were present in the shellfish at high enough concentrations to pose a public health risk.
Arsenic is a trace metal and chemical element that occurs naturally in sediments, bedrock, groundwater, plants, and animals. Inorganic arsenic is the toxic form of arsenic that is often associated with natural geology and rock formations but can also be introduced into the environment from pressure-treated wood, outdoor building materials, and by agriculture and industrial activities. Oregon's coastal geology is naturally high in arsenic, and it is difficult to definitively identify the specific source of arsenic in the environment and in shellfish.
In response to the DEQ findings, OHA's Public Health Division developed a human consumption advisory for softshell clams and gaper clams along the Oregon coast. Meal recommendations vary between one to four meals per month for whole clams with intact siphon sheaths, and between 1 1 to 33 meals per month for clams from which the siphon sheaths have been removed. Clam diggers are advised to properly prepare softshell and gaper clams by removing the siphon sheath prior to consumption.
The most up-to-date information about shellfish safety closures is posted on the ODA Recreational Shellfish Biotoxin Closure website and available via the ODA Shellfish Safety Hotline:
htt s://www.ore on. ov/ODA/ ro rams/FoodSafe /Shellf1sh/Pa es/ShellfishClosure s.as x
ODA Shellfish Safety Hotline: 800-448-2474
The shellfish preparation and consumption advisory is posted by OHA:
htt s://www.ore on. ov/0ha/PH/HEALTHYENVIRONMENTS/RECREATION/FIS HCONSUMPTION/Pa es/fishadvisories.as x#shellfish
Responsible actions by ODFW Staff: Staff members from ODFW acted in a responsible manner to ensure public safety during the harvest of shellfish from the South Slough throughout the time period associated with cleanup of the Charleston Boat Yard. ODFW actions include:
Generation and distribution of detailed maps to illustrate locations in South Slough and Coos Bay where recreational clamming is encouraged;
Monitoring to identify locations throughout South Slough and Coos Bay where recreational clamming occurs;
Establishment of regulations regarding commercial clarnming;
Provision of technical assistance to DEQ for shellfish testing;
Provision of field assistance to the Port of Coos Bay and their private consultant to collect and identify shellfish samples;
Provision of technical assistance to DEQ with a coast-wide investigation of shellfish toxicity;
Assist OHA with development and distribution of shellfish consumption guidelines; and
Conduct periodic closures of the shellfish fisheries on an as-needed basis.
These activities carried out by ODFW staff members are described in more detail below:
Ma s to illustrate areas where recreational clammin is encouraged: ODFW developed and distributed detailed maps to specifically illustrate multiple areas where recreational clamming is encouraged within the South Slough, including Point Adams, Charleston Triangle, Charleston Flats, Barview and Indian Point. The maps were generated, produced, and distributed by the ODFW Shellfish Program, and they are widely available to the public in the form of posters, brochures, and posting on the ODFW website. ODFW maps do not identify the area adjacent to the Charleston Boat Yard as a site for recreational clamming. The Port of Coos Bay restricts public access to the boatyard and the marine ways.
Monitoring of recreational clamming and crabbing activities: In 2012 and 2013, ODFW performed detailed surveys of recreational shellfish harvest activities throughout the South Slough and lower region of Coos Bay. During the surveys, ODFW recorded GPS coordinates to note the exact location for thousands of crab pots and record recreational clammer activity. During the surveys, ODFW did not observe any recreational clammers or crab pots in the immediate area associated with the marine ways at the Charleston Boat Yard.
Regulations for commercial clamming: ODFW has developed regulations that prohibit commercial harvest of bay clams from the sub-tidal area of South Slough, south of the South Slough Bridge. The Charleston Boat Yard is located south of the South Slough Bridge. In addition, the area encompassed by the South Slough National Estuarine Research Reserve is closed to all commercial clamming. Technical assistance to DEQ for shellfish testing: ODFW provided comments and recommendations to DEQ in 2014 regarding the species of shellfish, locations for testing, identification of appropriate reference sites, and the levels of recreational shellfish harvest activities that occur immediately adjacent to the marine ways and in the general vicinity of the Charleston Boat Yard. DEQ incorporated several of the recommendations offered by ODFW into the work plan carried out by the Port of Coos Bay to investigate residual contamination of sediments and biological testing to determine their toxicity and likelihood for bioaccumulation in shellfish tissue,
Field assistance to collect and identify clams: ODFW provided assistance in the field to the contractors hired by the Port of Coos Bay during the collection of bay clams that were used for analysis of contaminant levels in shellfish tissues. Bay clams collected by the ODFW Shellfish Biologist were analyzed for tributyltin levels (15 microgram/kilogram; Butter clam / 17 microgram]kilogram; Bent-nose Macoma clam). Both of these measurements were well below the acceptable level of 120 microgram/kilogram tributyltin for shellfish meat as determined by DEQ. Technical and field assistance durin DE coast-wide investigation of shellfish toxicity: ODFW provided technical and logistic assistance to the DEQ Water Quality Toxics Monitoring Program (2013-2015) during the coast-wide investigation of potential contaminants in shellfish. In particular, the ODFW Shellfish Program provided recommendations on the location of study sites and species to be tested, and helped with the collection and processing of softshell clams, purple varnish clams, Olympia oysters, and mussels. The DEQ investigation found elevated levels of inorganic arsenic in some tissue samples of softshell clams collected from all along the Oregon coast. In contrast, the level of inorganic arsenic was not elevated in the softshell clams collected from South Slough. No other contaminants were present in the shellfish at high enough concentrations to pose a public health risk. Assist OHA to develop and distribute shellfish consumption guidelines: ODFW provided technical assistance to the OHA's Public Health Division during development of human consumption advisories for softshell clams and gaper clams along the Oregon coast (2015). The Recreational Shellfish Advisory and Consumption Guidelines identify meal recommendations for whole clams with and without siphon sheaths, and the guidelines are published each year in the Oregon Sport Fishing Regulations.
Conduct periotic closures of shellfish fisheries: ODFW acts in cooperation with ODA, DEQ, OHA, and other agencies to periodically close the recreational and commercial harvest of shellfish on an as-needed basis during events when adverse environmental conditions, marine biotoxins, hazardous materials, or other contaminants pose a risk to human health. ODFW, DEQ and OHA did not designate a specific shellfish closure for the area of the intertidal and subtidal zone where contaminated sediments are directly associated with the marine ways at the Charleston Boat Yard in 1998. Recreational clammers were not observed within the intertidal zone directly associated with the marine ways at the Charleston Boat Yard at that time nor during detailed surveys conducted by ODFW in 2012 and 2013.
Conclusion: It is safe for humans to consume clams harvested from the South Slough, and we encourage recreational clammers to dig for clams within the intertidal areas at multiple locations (Point Adams, Charleston Triangle, Charleston Flats, Barview, Indian Point) identified on maps, posters, brochures and webpages distributed by ODFW, With the exception of inorganic arsenic detected within softshell clams collected along the Oregon coast,-the stateside DEQ toxics investigation found that contaminants were not present in Oregon shellfish at high enough concentrations to pose a public health risk. The ODFW Recreational Shellfish Advisory and Consumption Guidelines identify meal recommendations for whole softshell and gaper clams with and without siphon sheaths.
The likelihood of human exposure to contaminants contained within shellfish tissue is very low for clams harvested from the popular clam digging areas located near the mouth of South Slough. It is also very unlikely that recreational harvesters will dig for bay clams in the intertidal zone directly associated with the marine ways at the Charleston Boat Yard. The marine ways are within the commercial/industrial facilities that make up the Charleston Boat Yard, and public access to the marine ways is restricted by the Polt of Coos Bay. Moreover, tissue samples from clams collected in 2014 directly adjacent to the marine ways contained tributyltin levels that were well below the acceptable level for shellfish meat as determined by DEQ for protection of human health for ingestion by recreational clammers and tribal consumers.
Thanks again for your questions, and I hope that the information provided in this letter will alleviate your concerns.
Sincerely,
Curtis E. Melcher
Director, Oregon Department of Fish and Wildlife
c: Oregon Fish and Wildlife Commission Michelle Tate
James Owens
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