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We live in Tigard, surrounded by housing developments and older homes on larger lots. Local authorities have been no help. Health Dept does not get involved in contaminated sites where a single family is effected. We are always told this is a DEQ issue only. We have 5 families, within a block of my home, that use drinking water wells. MTBE, a gasoline additive that travels rapidly in groundwater and can be found 3/4 of a mile from it's source, has been found on my property. The watermaster, City water supply mgr, health dept. and DEQ state they have no authority to reqire responsible party to test those wells to ensure they have not been impacted by MTBE from the leaking USTs. It is left to the homeowner to hire a lawyer and environmental consultant and test their wells at their own expense (lab fees - $800.00) DEQ states even if contaminants are found in the wells there is no proof that it came from my neighbors leaking USTs. Basically, "abcense of proof is proof of abscense".

We were told about the contamination by the envrionmental consultant hired by the developer who was trying to purchase the neighbors property. Due to the diligent investigation by Dave Samples, Evergreen Envrionmental, the contamination was discovered. Mr. Samples did not find proper documentation in the DEQ file to support an NFA and took it upon himself to investigate the property further, unlike other environmental consultants. He notified the property owners and the developer and told them to contact us immediately. He reported the release to DEQ. DEQ nor the neighbors contacted us. Dave Samples came to us and told us about the contamination. We contacted DEQ.

posted 5 years, 1 month ago
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I absolutely believe that Oregon is a "toxic state" and it will remain that way until our legislature gives DEQ the authority, funding and resources to investigate and clean up contaminated UST(Underground Storage Tanks) sites and hold polluters accountable.

I speak from experience. In march 07 we were told that our neighbor had contaminated our property, home and drinking well with gasoline and diesel. USTs (Underground Storage Tanks) had been removed from their property in 1990 and they were given an NFA (No Further Action)letter from DEQ. These tanks were located at the property line, 25 ft from my house and 40 ft from my drinking water well. DEQ never inspected the tanks or the site. There had also been a 600 gallon heating oil release on the property. That release was reported to DEQ and a file started. However DEQ failed to follow up and the homeowner never fully remediated the release. We have recently been told told that there were three additional leaking tanks removed from the property in the mid 80's. No reporting or clean up occured.

In Dec 07 955 tons of contaminated soil and 6000 gallons of contaminated groundwater were removed 10 ft from my house. We have been forced to connect to city water for our drinking water supply. We have gasoline, benzene and ethanol vapors in our home. We are living a financial, emotional and physical nightmare. We still have contamination in the groundwater under our house and in our backyard. DEQ does not require the responsible party to clean all contaminants from a site.

You might think our situation is unique in Oregon. But it's not! It was DEQ's standard procedure in the 80's and early 90's to allow anyone to install any number of USTs on their property and or remove/decommission USTs with no oversight what so ever. Tank owners could remove tanks themselves and report to DEQ that no contamination was found and that the tanks had never leaked. DEQ would not inspect the site/tanks nor ensure that proper environmental testing or documents were provided. With nothing more than the assurance from the tank owners, DEQ would issue an NFA letter. Keep in mind, these are only the tanks we know about (some registered with DEQ, some not).

DEQ admits there are probably hundreds of USTs in our state that are currently rusty and leaking, leaching contaminants into the soil and groundwater. These contaminants vaporize and are put into the air we breathe and contaminate the water we drink. Many UST owners who know that their tanks had leaked, simply abandoned them or removed them, never reporting the release, hoping no one would ever discover the mess. They know that they will never be prosected for deliberately covering up the contamination.

Currently, when a property is being sold, a developer/real estate agent and his environmental consultant must investigate any potential contamination that might exist on that property and clean it up. However, if they see that DEQ has issued an NFA letter for previously installed USTs they are not required to investigate any further. DEQ knows that this is common practice for developers. Contaminated sites that were wrongfully given an NFA in the 80's and 90's will not be investigated. Houses will be built over the contamination. Homeowners will be lead to believe all is safe, not knowing that the soil in their backyard is filled with carcinogens or that the air they breathe in the house is filled with benzene vapors. The legislature needs to pass laws requiring developers/environmental consultants conducting Phase I and II investigations to investigate historic tank locations despite previously issued NFA letters. This might help close a loop hole.

Over the past year we have discoverd, much to our disappointment, that the Oregon DEQ is not the "environmental police" for our state. They are unable to protect the innocent from polluters or even seek out potentially contaminated sites. Our state environmental laws and funding are greatly inadequate. If our laws are not changed more and more homeowners, like my family, will be faced with potential health risks and devalued property.

Most other states have had, and currently have, very strong environmental laws and give their DEQ authority, funding and resources to investigate and respond to contaminated sites. I believe that our state does not wish to open the "pandora's box" by investigating DEQ files from the 80' and 90's to ensure that any NFA letter that was issued was based on proper environmental testing and documentation. Until our state deals agressively with polluters and their contaminated sites, we will remain a "toxic state".











1. If you believe that DEQ is the "environmental police" you are wrong. They have no financial resources to enforce regulations. In our case, it took a lawyer and an environmental consultant (our expense) just to get DEQ to assign responsible parties and force a clean up of the site.

posted 5 years, 1 month ago
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