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Sunday, December 23, 2018

End of the Year Update

The dump remains open.

Sigh.

Given efforts by Stop the Dump and its allies (notably McPhillips Farms, the Farm Bureau, 1000 Friends of Oregon, and the State of Oregon itself) to prevent a misguided expansion onto prime farmland, however, Riverbend has collected only about 70,000 yards of waste during 2018, down considerably from the 510,000-plus yards deposited as recently as 2014 when the expansion plan was proposed.

The fact that there is any capacity at all is due to DEQ's approval of the "vertical expansion" (aka final grading plan modification), which allows Riverbend to recontour its slopes to permit waste to be dumped atop previously closed cells.

In addition to the lawsuit, still in the state Supreme Court, over the prime farmland expansion, there is also a law suit over this vertical expansion.  The landfill prevailed in state court on the theory that any work within the original landfill footprint is perpetually allowed under the initial permits issued by Yamhill County back in 1980.  Expansion opponents contend that rezoning the landfill, including the original footprint area, to EFU (exclusive farm use) in 2011 made all activity within the EFU zone subject to EFU rules.  EFU requirements for landfills include a hearing on the proposed activity's impacts on area farmers.  Of course, such a hearing was never held.

The vertical expansion appeal is waiting to be set for oral argument in the Court of Appeals.  As with the Supreme Court case, there is no deadline for a decision.

Waste Management, Riverbend's Texas-based corporate owner, contends that expansion opponents are hurting the environment more than a smelly, noisy, leaking, vermin-attracting landfill on a river for two reasons:

1)  Legal delays only serve to extend the dump's life; ie, it would be full by now if the 29-acre expansion had been approved and the full 500,000-plus tons of waste could have been dumped each of the past four years.  Since the expansion was supposed to extend the landfill's life by 10-20 years, this seems doubtful.

2)  We would already be four years into the County-mandated seven-year deadline for establishing an alternative "green" waste-processing facility at Riverbend.  First, the green tech facility would never be required if the dump reached capacity and closed before the seven years were up (see #1).  Second, Waste Management has admitted that as a company it is nowhere near developing the kind of green tech that it promised the County.  Locally, Nick Godfrey, dump manager, says that one technology is close, though not yet ready for primetime.  Unfortunately, we have heard that before, with gasification (InEnTec), oil (Agilyx), pellets, and more.  Until dumping becomes too expensive for communities, waste giants like WM have no real incentive to develop functional alternatives.

Speaking of Agilyx, this NW company is back in the recycling mix.  Recology, which picks up McMinnville and south County waste and operates a recycling depot in Mac, is working with Zero Waste McMinnville to deliver waste styrofoam to Agilyx, which will convert it back to usable oil.  The program begins on Boxing Day, December 26 -- just in time for Christmas waste!

For more info, see the article at https://zerowastemcminnville.org/.


Thursday, November 29, 2018

Long Time, No News

If, like this writer, you have been waiting for the State Supreme Court to rule on Riverbend Landfill's expansion plans, well, you are still waiting.  It's been over a year now, with no ruling in sight.

The issue, as you will recall, is how to interpret state law that requires the County to determine whether a proposed nonfarm project (like a dump) on high-value farmland will "significantly impact" area farming practices.

Yamhill County found that any significant impacts from Riverbend's proposed expansion could be mitigated by changes in some of those surrounding farming practices.  In other words, the expansion's adverse impacts could be reduced if the farmers changed the way they farm.

Stop the Dump and other petitioners asked the Supreme Court to find that this is ridiculous.  Mitigation steps should be taken by the nonfarm applicant, not by the farmers whose lands and livelihood are threatened by the proposed nonfarm development.  Oregon courts have not ruled on this question before, so the Court's decision will have huge impacts across the state, potentially affecting a host of nonfarm uses like resorts and golf courses as well as landfills.

While we are waiting, however, there is a piece of exceedingly good news to pass on.

In November, Yamhill County voters elected a new face to the County Board of Commissioners:  farmer Casey Kulla.  Kulla is not expected to be the rubber stamp for Waste Management (Riverbend's Texas-based corporate owner) that his predecessor was.  Kulla has shown a willingness to investigate ways of handling County waste that do not include a local dump.  He is also interested -- as is current Commissioner Rick Olson -- in asking the County's Solid Waste Advisory Committee (SWAC) to expand its role in monitoring Riverbend and advising Commissioners.

SWAC could be asked to investigate safety and other issues at the dump that are unrelated to possible expansion and also to determine whether the current system of granting exclusive, on-going franchises to the companies that haul our garbage is the best solution for Yamhill County.

While everybody waits for Kulla to take his seat in January and for the Supreme Court to rule, garbage keeps flowing to Riverbend under a vertical expansion approved by the state Department of Environmental Quality (DEQ) as a "modified final grading plan."  Under that approval, Riverbend can reconfigure its slopes, but not expand its on-the-ground footprint.  Stop the Dump and others have also sued to stop this "expansion."  That case too is slowly winding its way through the courts.


Tuesday, May 29, 2018

Oregon's Recycling Dilemma: The NYTimes Has Noticed!

Remember when the New York Times reported that after the Big One hits, everything in Oregon west of I-5 will be "toast"?  Well, the paper has done it again with a new report about our recycling conundrum.

In its May 29th issue, the Times reports that a whole lot of what we as garbage company customers think we are recycling is actually going into the landfill.

Some Oregon communities are advising customers to put items like plastic, glass, and paper in the trash.  Others want customers to continue to recycle on the theory that if we stop recycling now, we won't start up again when (or if) the markets for recyclables pick up.

Very few, including local companies Waste Management and Recology, seem to be educating us about what can, and cannot, now be recycled.

A recent visit to the Recology recycling depot in Mac showed the same old signs along the walls, with no information posted at all about what Recology can or cannot actually recycle.  When staff at the depot have been asked about particular items, they have in the past opined that #1 plastic is always recyclable along with containers that are shaped so that the top and bottom are different sizes. A little bit of food waste in a glass or plastic container is also OK, they've said.

At the same time, staff have also said No to clamshells, even though many are #1, and the Times lists yogurt containers -- think shape -- as no longer recyclable.

Dirty containers are also unacceptable, whether the right shape or material.  Waste Management's Jackie Lang is quoted in the Times as asking customers to "Keep food and liquids out" by washing out food scraps.

In Seattle, customers must sort items into several bins (remember the famous Portlandia episode with all the little tiny bins?) or face a fine.  All that sorting may help prevent the kind of contamination that has caused China to reject US recyclables.  And in parts of the Bay Area, customers are asked to put all items that touched food (and are not cleaned afterwards) into a "compost" bin.  Here we'd call that the "trash."  While that particular bin may not actually make it to compost, it may well keep other recyclables clean.

We would like to see our local waste haulers do a lot more to educate us about what and how to recycle.  No one (except maybe Waste Management) wants to see more of our used items end up in the landfill.  But we need to know what and how to separate to make large-scale recycling possible again.

Saturday, April 28, 2018

No More "Wishful" Recycling

With China cracking down on the contaminants it will accept in recycled materials, we must all reconsider what we place in the recycling bin.

As the News-Register recently reported, the era of "wishful recycling" is over.

Our waste handlers tend to bundle materials together and let subcontractor recycling specialists sort the "good" recyclables from the "bad" waste.  To make a profit, the sorters need to work quickly, which is great when the correct items have been placed in the right bin.

Food waste in a paper bin can cause the entire bin to be landfilled rather than recycled.  "Compostable" materials run through a recycler can foul up the machine.  Ditto plastic bags.

Waste Management lists acceptable recyclables on its website, http://www.wmnorthwest.com/yamhillcounty/recycling.html.  Most of these items are illustrated in a colorful poster: 
We are checking with Riverbend to see if this same list of materials can be recycled there.

Recology has a slightly different list.  For example, Recology will not accept milk cartons.  A good list of items Recology will recycle has been issued by the Del Norte, California, Recology, and published by the Del Norte Triplicate at http://www.triplicate.com/news/5009356-151/recology-solid-waste-trying-to-keep-garbage-out.

Locally, Zero Waste McMinnville also frequently runs items on their blog about acceptable recyclables.  Check them out before you toss that "wishful" recycling item in your cart!

Friday, April 6, 2018

Title V Meeting Set for April 19

Riverbend Landfill's Title V Air Quality permit requires Waste Management to hold a "community meeting" twice yearly.  The next one has just been scheduled, for Thursday, April 19, at 7:00 pm at Chemeketa Community College in McMinnville.

Usually these meetings consist of a list of steps Waste Management has taken to reduce emissions and odor from the landfill -- always failed steps, as it turns out.  (Have you driven past the dump lately?  Pee-yoo!)  Then dump managers tell us what they plan to do in the next few months to produce more odor, like open up old cells either to add additional waste or to install new wells, which are supposed to (but never do) reduce odors.

One item we'd love to see on the agenda is the result of the year-long odor survey undertaken by the Department of Environmental Quality (DEQ) in 2017.  Specially trained members of DEQ's staff visited the dump and surrounding neighborhood several times during the year to measure the presence and intensity of odors.

Once those measurements are gathered, staff analysts at a DEQ lab must examine the data with respect to other factors such as local wind patterns, according to Claudia Davis of DEQ's Air Quality division.  DEQ will also contact Riverbend for its input.  If DEQ staff then believes the existing odor might amount to a nuisance, it forwards its information to a Nuisance Odor Panel comprised of DEQ senior or executive managers who will decide whether to issue Riverbend a "Notice of Suspected Nuisance."

The Panel is supposed to issue its evaluation within three weeks after receiving the request for review.  If the Panel finds a possible nuisance, DEQ will ask Riverbend to enter into a "best practices" agreement to reduce odors.

This has always been the sticking point with odors at Riverbend:  whether there are "practices" Waste Management can implement that would reduce the smell.  There's one obvious solution, of course:  Stop taking waste that smells!

Please come to the meeting to share your opinions with Waste Management!
 






Wednesday, March 21, 2018

Yamhill County Alerts!






Worried about the Big One?  Fretting over fire?  Mudslides?  Road closures?  Zombie apocalypse?

Don't be left in the dark!  Yamhill County will now ALERT you about emergencies that could affect your home, business, or family with warnings that come straight to your mobile or land line phone and email.

Recent Oregon state reports have highlighted the danger from "ordinary" (up to Magnitude 8.0 in Portland) and Cascadian subduction zone (M9.0!) earthquakes in western Oregon.  We've all seen video of the destructive force of mudslides and fires in Washington and California as well as here in Oregon.

A few moments warning (which is about all we will get with an earthquake) can give people a chance to evacuate vulnerable buildings or to seek appropriate cover.  Alerts and evacuation notices can also give us the chance to escape before a fire or landslide overwhelms our neighborhoods.

To get the alerts, you need to create an account with the County's provider, Everbridge, which you reach via the Yamhill County web page.  You can include several phones on each account.

Here at the blog we often express concern about the harm a big earthquake will cause to the South Yamhill River when Riverbend Landfill collapses.  That big quake will also affect a great many homes and businesses.  The quake is overdue; it's time for us to ensure that we have three months' worth of food and water stored in a "safe," accessible area and that our personal "escape" backpacks (food and water, first aid, walking shoes and socks, blanket, change of clothes) are always ready to go.

The quake -- or the fire or the slide or even the zombies -- might not come in our lifetimes.  Or they might hit tomorrow.

Give yourself a chance to be safe!  Go to http://www.co.yamhill.or.us/emergency-management to sign up.

Sunday, February 4, 2018

DEQ Fines Dump for Leachate Release

Back in September 2017, Riverbend Landfill managers neglected to check the work of a contractor at the dump.  When the contractor failed to hook up a pipe at the end of its job, 2,700 gallons of leachate discharged onto land adjacent to the dump and into a creek that runs into the South Yamhill River.  The Oregon Department of Environmental Quality (DEQ) has now fined Riverbend $8,400 for this breach of its permit.

To operate the dump, Riverbend needs permits from both Yamhill County and DEQ.  DEQ's permit was issued in 1999 and originally intended to terminate December 1, 2009.  DEQ has not moved to terminate the permit, however, citing Stop the Dump Coalition and allies' efforts to block renewal of Yamhill County's permit.  The continued viability of the County permit is currently before the State Supreme Court.

While the County permit covers land use concerns, the DEQ permit addresses operational matters -- like ensuring that leachate (contaminated liquid seeping from the dump) is contained and doesn't enter surrounding lands or waters.  As stated by DEQ in announcing the fine, leachate "can contain a host of harmful pollutants – including ammonia and bacteria. When released to waters of the state, leachate can harm aquatic life and impair recreational, commercial and agricultural uses of water bodies. It can also create offensive odors and threaten public health."

Section 3.6 of the 1999 permit provides that "[v]iolation of permit conditions will subject the permittee to civil penalties of up to $10,000 for each day of each violation."  Actual fines are calculated according to an arcane formula enshrined in state regulations.  In this case, the violation continued for three days before landfill workers discovered the leak.  (To its credit, Riverbend promptly acted to clean up contaminated soil -- by dumping it in the landfill.)

The fine could have been much worse.  As noted above, the permit and its penalty language is 18 years old.  Modern permits for similar activities contain the potential for much larger fines -- up to $25,000 per day of violation.  Stop the Dump Coalition and landfill neighbors have asked DEQ to update Riverbend's permit for precisely this reason.

Read more about the breach and DEQ's response here.  Riverbend Landfill has until February 19, 2018, to appeal the fine.


Tuesday, January 23, 2018

EQC Receives Yinger Report

Stop the Dump Coalition President Ilsa Perse and member Brian Doyle delivered the recent Yinger Report to the Oregon Environmental Quality Commission (EQC) at last week's EQC meeting.  The report, prepared by hydrologist Mark Yinger, uses data prepared by consultants hired by Waste Management to show that leachate is indeed leaking from Riverbend Landfill.

Waste Management (WM) is the Texas-based corporate owner of the landfill.

As reported on this blog (see sidebar), Yinger, a well-respected hydro-geologist who specializes in landfill hydrology, reported in late December 2017 that WM's own data confirm that leachate is not only leaking from the oldest, unlined areas of Riverbend Landfill but has already impacted groundwater quality at two early detection monitoring wells.

Yinger's report confirmed an earlier study he submitted in 2015, also based on WM data.  That report in turn confirmed an analysis prepared several years earlier by Tim Steiber, former Director of the Yamhill County Soil and Water District.

All this information has been submitted to the EQC before, with no action by the Commission or the Department of Environmental Quality (DEQ), which the Commission leads.  Stop the Dump is hopeful that newly-appointed Commissioners and new Director Richard Whitman will treat this information differently and require a thorough review of ground water contamination at the landfill. 



Wednesday, January 10, 2018

It's Official: Riverbend Leaks


Mark Yinger, a well-respected hydro-geologist who specializes in landfill hydrology, reported in late December 2017 that leachate is not only leaking from the oldest, unlined areas of Riverbend Landfill but has already impacted groundwater quality at two early detection monitoring wells.

Yinger was hired by Stop the Dump Coalition to analyze the detailed Annual Environmental Monitoring Reports (AEMR) submitted to the state Department of Environmental Quality (DEQ) by Waste Management, Inc., the dump's Texas-based corporate owner.

Yinger studied groundwater tests from two monitoring wells, MW-5A and MW-12A, the closest down-gradient wells to the oldest unlined areas (cells) of the landfill.  Data from these wells indicate that leachate leaking from soil-lined waste cells has impacted groundwater quality.  Moreover, the magnitude of the impact to groundwater is increasing at an accelerating rate.

An earlier Yinger report analyzed AEMR data through 2014. That report concluded that From 1992 through 2014, the concentrations of chlorobenzene and 1,4-dichlorobenzene have not decreased, but have in fact at times increased…. Landfill gas extraction, which began in 1997, has not reduced the concentration of chlorobenzene and 1,4-dichlorobenzene in groundwater at MW-5A.”  These chemicals are "leachate indicators." If they are present at the monitoring sites, so is leachate from the dump.

The new report confirms the earlier findings and notes that "concentrations of the leachate indicators...have increased at compliance monitoring well MW-12A, and by 2016 exceeded site specific concentration limits.... The concentrations of the leachate indicators at MW-5A are much higher than the site specific concentration limits established for compliance well MW-12A."

"Site specific concentration limits" are maximums established by law. DEQ is aware of these exceedences, yet recently permitted Waste Management to pile 500,000 new tons of garbage on top of the leaking cells.

Yinger’s report corroborates the concerns of citizens and Stop the Dump Coalition that effective cleanup will be impossible once the leaks are buried under the additional garbage.  STDC has called on DEQ to halt the addition of new waste until the violations cited by the Yinger report are addressed.

You can ask DEQ to take action. The state Environmental Quality Commission, which runs DEQ, is meeting January 18 in Portland.  Attend or call in (info available from DEQ by January 11) to make your voice heard!