2/21/2013 7:12:46 PM
Recently, the Oregon DEQ met with DOGAMI to discuss whether or not an 8.5 or 9.0 magnitude Cascadia Subduction Zone earthquake should be used in designing the proposed perimeter wall Waste Management wants to build at Riverbend Landfill.
The issue boils down to whether or not engineers should follow the four-year-old earthquake standard of 8.5 or the current practice of 9.0 in Oregon as suggested by the Department of Geology and Mineral Industries (DOGAMI).
Since Riverbend is located on a floodway, and since engineers have the responsibility "to protect the health, safety and welfare of the public," you would expect this to be a no brainer. Waste Management thinks otherwise and has found consultants from California to agree. So far, the DEQ has agreed with Waste Management, but to the Department's credit (and community pressure), they still haven't made a final decision.
On another front, oral arguments were recently heard in the Court of Appeals where Waste Management Attorneys tried to convince the justices that the flood control berm approved by the County in 1980 really also approved a 40 foot high wall 15 feet into a 20 foot setback around the landfill.
Waste Management's attorney argued that:
1. The wall on the uplands side of the landfill serves the same purpose as the flood plain berm in the lowlands (which separates waste from the South Yamhill River floodway).
2. Yamhill County's 1980 approval of the flood plain berm included the proposed upland wall because both define "the footprint" of the landfill.
3. The original representations for approval that only 20 acres would be disturbed at one time for landfill purposes and that the land would be returned to farm use do not apply even though the original approval required an "exception" to state land use laws that incorporated the 20-acre limitation.
4. Yamhill County can approve the proposed wall without public review.
5. Yamhill County was correct in issuing a Land Use Compatibility Statement (LUCS) based on 1-4 above, and public involvement was not necessary.
While the problems with these arguments have been pointed out to the DEQ, their position is that as long as Yamhill County signs a LUCS, they will approve whatever Waste Management wants.
All of this is a political problem at this point, and if this bothers you, perhaps you will want to contact Yamhill County Commissioners. Remember, your opinion counts.
The issue boils down to whether or not engineers should follow the four-year-old earthquake standard of 8.5 or the current practice of 9.0 in Oregon as suggested by the Department of Geology and Mineral Industries (DOGAMI).
Since Riverbend is located on a floodway, and since engineers have the responsibility "to protect the health, safety and welfare of the public," you would expect this to be a no brainer. Waste Management thinks otherwise and has found consultants from California to agree. So far, the DEQ has agreed with Waste Management, but to the Department's credit (and community pressure), they still haven't made a final decision.
On another front, oral arguments were recently heard in the Court of Appeals where Waste Management Attorneys tried to convince the justices that the flood control berm approved by the County in 1980 really also approved a 40 foot high wall 15 feet into a 20 foot setback around the landfill.
Waste Management's attorney argued that:
1. The wall on the uplands side of the landfill serves the same purpose as the flood plain berm in the lowlands (which separates waste from the South Yamhill River floodway).
2. Yamhill County's 1980 approval of the flood plain berm included the proposed upland wall because both define "the footprint" of the landfill.
3. The original representations for approval that only 20 acres would be disturbed at one time for landfill purposes and that the land would be returned to farm use do not apply even though the original approval required an "exception" to state land use laws that incorporated the 20-acre limitation.
4. Yamhill County can approve the proposed wall without public review.
5. Yamhill County was correct in issuing a Land Use Compatibility Statement (LUCS) based on 1-4 above, and public involvement was not necessary.
While the problems with these arguments have been pointed out to the DEQ, their position is that as long as Yamhill County signs a LUCS, they will approve whatever Waste Management wants.
All of this is a political problem at this point, and if this bothers you, perhaps you will want to contact Yamhill County Commissioners. Remember, your opinion counts.
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