5/9/2013 12:57:39 AM
The Federal Emergency Management Agency (FEMA) has confirmed what the Stop the Dump Coalition has long contended -- that a portion of Riverbend Landfill was unlawfully built in the floodway of the South Yamhill River.
In a letter dated May 2, 2013, FEMA formally notified the Yamhill County Board of Commissioners that the County is "potentially in violation" of federal law due to placement of the landfill in the federally-regulated floodway.
According to the FEMA letter, placing the landfill in the floodway caused a prohibited increase in flood elevations on the river. Increased flood levels may hasten stream bank erosion and channel change and damage neighboring lands and structures. Even Waste Management, Riverbend's Texas-based owner, has acknowledged that the river bank is eroding, moving the main channel toward the landfill.
Opponents of landfill expansion have long contended that landfill owners and managers ignored floodway regulations in the 1980's when Riverbend was originally sited. In 1992, hazelnut farmer Lee Frease asked the County to determine whether the landfill conformed to County requirements, including floodplain development conditions. Frease and others pointed to an exchange of letters between the County and the Army Corps of Engineers in 1980-81 to bolster their argument that both the landfill's owners and the County knew the landfill design encroached on the floodway.
Last year neighbors again asked the County to hold a hearing to determine whether the landfill was sited and operating within its land use approvals. When the County declined, the neighbors sued, losing their appeal a week before FEMA issued its letter of violation.
Although the floodway issue is moot -- FEMA issued new mapping within days after sending its letter -- the County still has a role to play in policing the dump. To date, however, Commissioners appear to have abdicated their responsibility to oversee the landfill. Contact your Commissioners to demand they finally take control of this significant cancer on the green bosom of our valley.
Kathy George: georgek@co.yamhill.or.us
Alan Springer: springera@co.yamhill.or.us
Mary Stern: sternm@co.yamhill.or.us
In a letter dated May 2, 2013, FEMA formally notified the Yamhill County Board of Commissioners that the County is "potentially in violation" of federal law due to placement of the landfill in the federally-regulated floodway.
According to the FEMA letter, placing the landfill in the floodway caused a prohibited increase in flood elevations on the river. Increased flood levels may hasten stream bank erosion and channel change and damage neighboring lands and structures. Even Waste Management, Riverbend's Texas-based owner, has acknowledged that the river bank is eroding, moving the main channel toward the landfill.
Opponents of landfill expansion have long contended that landfill owners and managers ignored floodway regulations in the 1980's when Riverbend was originally sited. In 1992, hazelnut farmer Lee Frease asked the County to determine whether the landfill conformed to County requirements, including floodplain development conditions. Frease and others pointed to an exchange of letters between the County and the Army Corps of Engineers in 1980-81 to bolster their argument that both the landfill's owners and the County knew the landfill design encroached on the floodway.
Last year neighbors again asked the County to hold a hearing to determine whether the landfill was sited and operating within its land use approvals. When the County declined, the neighbors sued, losing their appeal a week before FEMA issued its letter of violation.
Although the floodway issue is moot -- FEMA issued new mapping within days after sending its letter -- the County still has a role to play in policing the dump. To date, however, Commissioners appear to have abdicated their responsibility to oversee the landfill. Contact your Commissioners to demand they finally take control of this significant cancer on the green bosom of our valley.
Kathy George: georgek@co.yamhill.or.us
Alan Springer: springera@co.yamhill.or.us
Mary Stern: sternm@co.yamhill.or.us
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