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Friday, January 25, 2013

DEQ Chooses Defiance

by Susan Watkins

Update:  DEQ and DOGAMI met Tuesday, January 29, and plan to meet again soon.  Also Tuesday, Paul Burns of Waste Management told landfill opponents that WM was holding internal discussions about the 9.0 standard.
 
As you know, western Oregon is expecting to be hit by a Cascadia subduction zone earthquake that could strike at any time.  Everybody--except DEQ--knows that this earthquake will be devastating.  Oregon will need landfill capacity following the Cascadia earthquake and tsunami, but Riverbend Landfill is more likely to be part of the problem than part of the solution.

Riverbend sits on the banks of the South Yamhill River.  DOGAMI's "hazard vu" website shows the south half of the landfill (closest to the river) in the "severe" shaking zone.  This includes portions of the oldest cells of the landfill, which date from the early 1980's and are unlined.  We expect this part of the landfill to fail during an M9.0 quake, yet Waste Management, the landfill's owner, is asking DEQ to approve an expansion of capacity at the landfill--and DEQ wants to issue this permit.

The M9.0 standard was adopted over a year ago by the Oregon Seismic Safety Policy Advisory Committee (OSSPAC) and its member agencies, including DOGAMI (the state's seismic experts), ODOT, the state Office of Emergency Management, the Department of State Lands, and DLCD, for earthquake preparedness and recovery.  But DEQ does not believe it is required to use that standard.

At a special EQC meeting on January 22, DEQ staff told the EQC that federal regulations allow landfills to be evaluated using only an 8.5 standard, and that Waste Management's engineering consultants have assured DEQ that the proposed expansion will satisfy that lower standard.  DEQ made very clear to the Commission that it wants to act now to authorize the Landfill to expand its capacity.

Despite an appeal from State Geologist Vickie McConnell, chief of DOGAMI, that DEQ "consider" the magnitude 9.0 standard, the EQC acquiesced in staff's evaluation--without asking staff whether the M8.5 standard sufficiently protects Oregon resources or why DEQ stands alone in rejecting the likelihood of an M9.0 quake. 

We are concerned that engineering to an magnitude 8.5 earthquake will not adequately protect the citizens, businesses, and natural resources of the State of Oregon.

According to Lissa Druback of DEQ, DEQ will be meeting with DOGAMI during the week of January 28th "to discuss what the recommendation in their January 16th letter to us means not only for the site specific seismic hazard analysis that has been completed for Riverbend Landfill [using the 8.5 standard] but also how the recommendation potentially impacts the design of all landfills that are subject to the Cascadia Subduction Zone Earthquake."

Ms. Druback informed us that her office will not make a decision on the Riverbend permit modification without first talking to DOGAMI.  She also assured us that DEQ will report back to the EQC on the outcome of the discussion with DOGAMI.

As it turns out, federal standards do allow agencies discretion in adopting standards.  Our attorney, Bill Kabeiseman of Garvey Schubert Barer in Portland, has prepared a Seismic Evaluation, which we will share with DEQ.  The Evaluation makes clear that federal regs allow DEQ to use the standard that best protects Oregon and Oregonians.

Please contact DOGAMI and DEQ to let them know we want them to use the standard that protects us and our lands best!  Contact me for a copy of DOGAMI's letter or attorney Kabeiseman's Seismic Evaluation.

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