Legislature Asked to Exempt Landfills from DOGAMI Permits

The Oregon legislature is holding a hearing on April 3 to consider a legal change that would greatly benefit Waste Management (WM).  WM is the Texas-based corporate owner of Riverbend Landfill.

Under existing law, landowners must obtain a permit from the Department of Geology and Mineral Industries (DOGAMI) before engaging in "surface mining."  Surface mining is exactly what it sounds like -- stripping away the top of the earth in order to use that material or to reach what's underneath.

WM, you might recall, has frequently engaged in surface mining in the floodplain between the dump and the South Yamhill River.  WM is presumed to use the soil from this area for daily and permanent cover on the landfill and for landfill construction work such as the perimeter berm.

At least once previously, WM mined this area without first obtaining the necessary DOGAMI permit.  WM received a slap on the hand for that error because DOGAMI's website hadn't been updated to reflect the latest permit requirements (and because nobody expects a multi-national corporation like WM to pick up the phone and call).

Permit requirements include restrictions on the amount of material that may be extracted as well as the total area in which mining may occur.  Currently DOGAMI limits mining to 5,000 cubic yards of excavation or disturbance of no more than one acre in any 12-month period unless an Operating Permit is obtained or the activity is exempt.

To obtain an Operating Permit, the landowner must have local land use approval (in Riverbend's case, a Land Use Compatibility Statement, or LUCS, issued by the County) and pay a fee (currently $1,750).  The applicant must also submit a reclamation plan for the land being mined and security to ensure the reclamation occurs. Operators must renew permits annually and must file reports with DOGAMI until mining and reclamation are complete.

Operations in a floodplain, such as that around Riverbend, require additional studies.

Riverbend's current DOGAMI permit (called "Old River") allows unlimited material extraction and requires both a reclamation plan and reclamation security.  If this new legislation passes, Riverbend will be exempt from these rules.  In other words, Riverbend will be able to extract as much soil as it wants without having to reclaim the site.

It's been estimated that Riverbend will need as much as 540,000 cubic yards of soil to cover the landfill.  Some experts have questioned whether that much soil can be removed from the floodplain without threatening the channel of the South Yamhill River.

You can stop this free give-away to Waste Management.  The proposed legislation, Senate Bill 1036, will be heard by the Senate Committee On Environment and Natural Resources at 3:00 pm Monday, April 3, in Hearing Room C in the State Capitol in Salem.  You can attend the hearing and sign up to testify (though the numbers of people allowed to testify may be limited).  And you can submit comments in writing to the committee at senr.exhibits@oregonlegislature.gov.  Michael Dembrow of Portland is the committee chair.  Learn more about the bill here.