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.