The Stop the Dump Coalition and its allies, McPhillips Farms, Willamette Valley Wineries Association, and Friends of Yamhill County, have asked the Oregon Supreme Court to weigh in on whether Riverbend Landfill can expand.
State law bars a non-farm use like a landfill from expanding onto farmland if the expansion will have
"significant" impacts on area farms. In approving Riverbend's proposed expansion, Yamhill County found that the landfill could mitigate any impacts by compensating farmers for any harm to their farms. The state Land Use Board of Appeals agreed, and last month, the state Court of Appeals (COA) did, too.
The COA based its decision on a new and unique interpretation of state law, holding that the law forbade only those impacts that "will significantly decrease the supply of agricultural land, the profitability of the farm, or the provision of food." Relying on this standard, the COA ruled that Riverbend could legally buy its way out the law's prohibitions.
In other words, nonfarm uses with deep pockets now have free license to adversely impact farms in Oregon, but cash-poor nonfarm uses do not.
In documents filed today, STDC advised the state Supreme Court that this interpretation of the law flies in the face of long-established land use principles in Oregon. Lawyers for STDC pointed out that there are at least eighteen other nonfarm uses identified in state law that could take advantage of this "pay-to-play" loophole in the law, from mining to private parks to destination resorts. If the COA ruling is allowed to stand, each of these uses would also be able to buy their way onto farmland in the state.
As the lawyers state in their brief, "This changes everything."
STDC's brief points out that the legislature considered the pay-to-play option when it adopted the "significant impact" standard. One legislator, Representative Throop, noted that "We shouldn't be setting up a situation where we're going to be requiring that farms get into compensation with their neighbors. ...this draft is to prevent those situations from occurring in the first place.... If it was going to have an impact on that farming practice, then that nonfarm dwelling wouldn't be allowed."
The Supreme Court does not have to hear an appeal. STDC expects to hear whether the Court will take this case within a few weeks.
Wednesday, April 26, 2017
Tuesday, April 18, 2017
New Location for Vertical Expansion Hearing
The state Department of Environmental Quality (DEQ) has reissued the public notice for the upcoming hearing on a permit that would allow Waste Management (WM) to increase the height of Riverbend Landfill.
The new notice moves the May 2nd information meeting and public hearing to the Falls Event Center (aka Evergreen Aviation Museum campus), 510 NE Captain Michael King Smith Way, Main Hall, McMinnville. A short informational meeting on the proposal will begin at 6 p.m., to be followed by the formal public hearing.
The proposed permit would modify WM's existing landfill operating permit by allowing WM to change the final grading plan for a 20-acre portion of the 87-acre landfill. If the permit is modified as proposed, WM will be able to add an additional 400,000 tons of garbage to the landfill and to remain open about another year before reaching capacity. The 20 acres affected include the original three landfill cells, which are not lined and which lie in the floodplain of the South Yamhill River and fill with water each year when the river floods.
A larger, 29-acre expansion proposal remains in the courts. That expansion would bring a 90-foot high swath of the landfill to within 50 feet of Highway 18 and also cover the original three cells.
To comment on the proposed vertical expansion, you can testify at the public hearing or you can submit written comments for the public record by mail, fax, or email to the Riverbend DEQ permit writer:
Bob Schwarz
Oregon DEQ
400 E. Scenic Drive, Suite 307
The Dalles, Oregon 97058
Email: schwarz.bob@deq.state.or.us
Phone: 541-298-7255, ext. 230
Fax: 541-298-7330
Written comments are due not later than 5:00 pm, May 8, 2017.
The new notice moves the May 2nd information meeting and public hearing to the Falls Event Center (aka Evergreen Aviation Museum campus), 510 NE Captain Michael King Smith Way, Main Hall, McMinnville. A short informational meeting on the proposal will begin at 6 p.m., to be followed by the formal public hearing.
The proposed permit would modify WM's existing landfill operating permit by allowing WM to change the final grading plan for a 20-acre portion of the 87-acre landfill. If the permit is modified as proposed, WM will be able to add an additional 400,000 tons of garbage to the landfill and to remain open about another year before reaching capacity. The 20 acres affected include the original three landfill cells, which are not lined and which lie in the floodplain of the South Yamhill River and fill with water each year when the river floods.
A larger, 29-acre expansion proposal remains in the courts. That expansion would bring a 90-foot high swath of the landfill to within 50 feet of Highway 18 and also cover the original three cells.
To comment on the proposed vertical expansion, you can testify at the public hearing or you can submit written comments for the public record by mail, fax, or email to the Riverbend DEQ permit writer:
Bob Schwarz
Oregon DEQ
400 E. Scenic Drive, Suite 307
The Dalles, Oregon 97058
Email: schwarz.bob@deq.state.or.us
Phone: 541-298-7255, ext. 230
Fax: 541-298-7330
Written comments are due not later than 5:00 pm, May 8, 2017.
Sunday, April 9, 2017
Vertical Expansion, Air Quality Set for Hearings
The next few weeks promise to be busy for Waste Management, Riverbend Landfill's Texas-based corporate owner (WM), and the Stop the Dump Coalition (STDC).
First up is another court hearing, this one in Yamhill County Circuit Court in McMinnville. STDC has asked the Court to void a land use compatibility statement (LUCS) the County issued in support of Waste Management's effort to expand the dump vertically. The hearing is set for 8:30 AM on Wednesday, April 12. Audience members cannot testify, but STDC would certainly appreciate your support!
The very next day, Thursday, April 13, WM will host the dump's semi-annual Air Quality meeting at Chemeketa Community College in McMinnville. The meeting begins at 7:00 pm (or come earlier for pizza). Although WM will lead the meeting, representatives of the state Department of Environmental Quality (DEQ) usually attend and will answer your questions. As you know if you read this blog, DEQ is in the midst of a year-long investigation into odors at the dump.
Then on Tuesday, May 2, at 6:00 pm at the McMinnville Senior Center there will be an actual "hearing," held by DEQ, regarding the proposed vertical expansion. STDC has so far stymied WM's plans to expand on 29 acres next to Highway 18, so WM is now trying to grow "up." DEQ is prepared to approve this expansion, which will add 400,000 tons of waste to the top of the existing dump, including atop the original three unlined cells. No word on how adding this additional garbage will protect neighbors or the South Yamhill River when the M9 Cascadia Subduction Zone earthquake strikes.
Everyone can weigh in on the proposed "up" expansion, and we encourage you to. Attend the meeting to speak in person or submit written testimony or send your comments in. The deadline to comment is May 8 at 5:00 pm. To learn more about this hearing, read the DEQ notice. To learn more about the vertical expansion (which WM has convinced DEQ to call a "final grading plan"), read our March 20 comment below.
The LUCS at issue in the April 12 Circuit Court hearing is required before DEQ can approve a permit for the vertical expansion. If the Circuit Court rules against the County, DEQ might have to reschedule or even cancel the May 2nd hearing.
STDC and WM have also been busy in Salem. You may have heard about the legislative bill WM proposed to exempt landfills from having to "reclaim" land they strip from the vicinity of their dumps in order to cover the waste (daily and permanently). If the bill passes, Waste Management can mine the heck out of the land around the dump, including the wetlands between the dump and the river, without restoring the area.
Many members of Stop the Dump Coalition and others testified against this bill. You can learn more about this at https://olis.leg.state.or.us/liz/2017R1/Measures/Exhibits/SB1036, where you can read testimony that has been submitted against this measure by Friends of Yamhill County, the Yamhill County Soil and Water Conservation District, and others. A work session on this bill is scheduled for April 13 at 1:00 pm, but no testimony will be taken.
First up is another court hearing, this one in Yamhill County Circuit Court in McMinnville. STDC has asked the Court to void a land use compatibility statement (LUCS) the County issued in support of Waste Management's effort to expand the dump vertically. The hearing is set for 8:30 AM on Wednesday, April 12. Audience members cannot testify, but STDC would certainly appreciate your support!
The very next day, Thursday, April 13, WM will host the dump's semi-annual Air Quality meeting at Chemeketa Community College in McMinnville. The meeting begins at 7:00 pm (or come earlier for pizza). Although WM will lead the meeting, representatives of the state Department of Environmental Quality (DEQ) usually attend and will answer your questions. As you know if you read this blog, DEQ is in the midst of a year-long investigation into odors at the dump.
Then on Tuesday, May 2, at 6:00 pm at the McMinnville Senior Center there will be an actual "hearing," held by DEQ, regarding the proposed vertical expansion. STDC has so far stymied WM's plans to expand on 29 acres next to Highway 18, so WM is now trying to grow "up." DEQ is prepared to approve this expansion, which will add 400,000 tons of waste to the top of the existing dump, including atop the original three unlined cells. No word on how adding this additional garbage will protect neighbors or the South Yamhill River when the M9 Cascadia Subduction Zone earthquake strikes.
Everyone can weigh in on the proposed "up" expansion, and we encourage you to. Attend the meeting to speak in person or submit written testimony or send your comments in. The deadline to comment is May 8 at 5:00 pm. To learn more about this hearing, read the DEQ notice. To learn more about the vertical expansion (which WM has convinced DEQ to call a "final grading plan"), read our March 20 comment below.
The LUCS at issue in the April 12 Circuit Court hearing is required before DEQ can approve a permit for the vertical expansion. If the Circuit Court rules against the County, DEQ might have to reschedule or even cancel the May 2nd hearing.
STDC and WM have also been busy in Salem. You may have heard about the legislative bill WM proposed to exempt landfills from having to "reclaim" land they strip from the vicinity of their dumps in order to cover the waste (daily and permanently). If the bill passes, Waste Management can mine the heck out of the land around the dump, including the wetlands between the dump and the river, without restoring the area.
Many members of Stop the Dump Coalition and others testified against this bill. You can learn more about this at https://olis.leg.state.or.us/liz/2017R1/Measures/Exhibits/SB1036, where you can read testimony that has been submitted against this measure by Friends of Yamhill County, the Yamhill County Soil and Water Conservation District, and others. A work session on this bill is scheduled for April 13 at 1:00 pm, but no testimony will be taken.
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