Washington’s Water Pollution Clean-Up Plans
NWEA sued the U.S. Environmental Protection Agency (EPA) over its failure to develop TMDLs in Washington in 1991. When the first settlement was dissolved because the Washington Department of Ecology failed to carry out its terms, a new settlement was signed in 1998. At that time, Ecology’s commitment to prepare implementation plans to accompany its TMDLs was unique in the country. The agreement, now since breached, established a 15-year schedule.
The majority of Ecology’s TMDLs have addressed bacteria—the water quality parameter that is intended to prevent unsafe levels of human pathogens contained in animal and human wastes. Ecology has avoided developing TMDLs where they would require dischargers with permits to install pollution controls. One area where Ecology has been successful in using the TMDL to control some sources of pollution is in the Spokane River and Lake Spokane area where the waters have experienced algae blooms due to high levels of nutrients, that in turn has caused drops in levels of dissolved oxygen required to support fish and other aquatic life. Begun in 1998, the final TMDL was issued in 2010.