DEQ to Process Riverbend Vertical Expansion Despite Lack of Court Ruling

DEQ, the Oregon Department of Environmental Quality, is proceeding with its review of Waste Management's proposed vertical expansion despite a court order requiring Yamhill County to justify its assessment that the expansion meets current zoning requirements.

Bob Schwarz, DEQ permit writer for Riverbend Landfill's operating permit, wrote on March 17:

"Regarding the final grading plan modification application that you mentioned, we will get that application and supplemental information provided by the applicant on the website in the next week or so.

"DEQ reviewed this application with the help of our seismic consultant, and we have concluded that it meets state and federal regulatory requirements, including those for seismic stability. We therefore plan to schedule a public comment period for this proposal in the near future which will include a public hearing.

"The application was accompanied by a Land Use Compatibility Statement dated November 16, 2016, which was subsequently challenged in Circuit Court under a Writ of Review. DEQ is moving forward with this permitting action as required under OAR 340-018-0050(2)(a)(G), which states that 'the Department shall continue to process the action unless ordered otherwise by LUBA or a court of law stays or invalidates a local action.'"

The "final grading plan modification" is Waste Management's euphemism for adding an additional year's worth of garbage to the existing landfill by flattening out its more or less hill-shaped structure.  The website Schwarz references is DEQ's program/project web page for Riverbend Landfill.  The November 16, 2016, "Land Use Compatibility Statement" (LUCS) is the document the County issued affirming that the proposal satisfied County land use requirements.

Landfill neighbors and expansion opponents sued to stop the County from issuing the November 16 LUCS while the larger expansion question is still under consideration by the Court of Appeals (COA).  (The COA is reviewing LUBA's 2016 ruling that the landfill can expand provided the County Board of Commissioners finds that the expansion will not have significant adverse cumulative impacts on area farming.)  The COA's decision will determine whether the landfill can legally expand up in the same area covered by the November 16 LUCS.

Lawyers for expansion opponents argue that neither the County nor DEQ can approve deposit of waste in this area until the COA rules.  The COA could issue its decision at any time.

The initial hearing in Circuit Court on the November 16 LUCS is scheduled for April 12, 2017.