Commissioners Approve Expansion

The Yamhill County Board of Commissioners today approved the application of Riverbend Landfill to rezone the dump from Public Works/Safety to Exclusive Farm Use.  Commissioner Kathy George made clear that her vote was based on her desire to see the landfill expand.

The approval is contingent upon seven conditions.  The first six relate to a Limited Use Overlay Zone that will be applied to lands surrounding the existing landfill.  The LUO will restrict development on those lands and, for the most part, prohibit use of the land for waste disposal purposes.  Unfortunately, an LUO can be removed by the same body that imposed it.

The seventh condition is new:  The County will require Waste Management to construct a "DEQ approved facility" that provides a "process or procedure to divert municipal solid waste from Riverbend landfill to ... Green Technology."  Construction must begin by the earlier of seven years after DEQ issues a permit for the expansion (including "all final appeals") or deposit of 3.6 million tons of waste in the expansion area.

Landfill opponents were quick to note that the condition did not specify a minimum diversion rate.

The Planning Department recommended neither approval nor denial of the rezoning, with Director Mike Brandt stating that, in his opinion, there was evidence in the record to support either choice.  There was no discussion of legal issues, such as whether "miscellaneous soils" can legally be zoned EFU.  In typical Yamhill County fashion, Brandt did note that the County did not have to deal with whether or not the landfill could satisfy ORS 459.055 (which prohibits DEQ from permitting landfills on EFU land unless the land can be reclaimed for farm use) because DEQ has agreed that this is their job.

The approval returns to the Commissioners for a final vote on February 13.  Commissioners will have a chance to review formal "findings" for approval at that time.  Any appeal of the Board's decision to the state Land Use Board of Appeals (LUBA) must be noticed within 21 days thereafter.