December 30, 2010

Oregon Court of Appeals rejects Riverbend Landfill expansion in Yamhill County, OR

In a somewhat complicated analysis, the Oregon Court of Appeals yesterday upheld the Oregon Land Use Board of Appeals (LUBA) rejection (LUBA No. 2010-002) of the proposed Riverbend Landfill expansion in Yamhill County, OR.

... the county did not expressly take an exception to allow a landfill on high-value farmland...  It may very well be that Riverbend's intended use, expansion of a landfill on agricultural land, is a use precluded by Goal 3.  The goal inhibits nonfarm uses on agricultural land that are not "defined by commission rule."  OAR 660-033-0120 disallows landfill expansions on "high-value farmland" unless the expansion is of an "[e]xisting facilit[y] wholly within a farm use zone."  The existing landfill is not within a farm use zone.  The county, however, did not take an exception to allow a landfill on high-value farmland; the exception findings do not even identify the soil characteristics of the three exception tracts.  LUBA's remand to the county will allow a more careful focus on the plan designation and nature of any exception to be taken for the expansion area, as well as the implementing zoning for that plan designation. 

This means it goes back to the county and Riverbend Landfill, to either

  • further attempt to change the Yamhill County's Comprehensive Plan to justify and attempt to take the exception or to 
  • pursue alternatives (such as these) to the proposed landfill expansion.

About the Riverbend Landfill Expansion

Riverbend Landfill in Yamhill County, OR, run by Waste Management, has asked the county to rezone adjacent farmland in order to expand the landfill.  The expansion is opposed by a number of groups, led by Waste Not of Yamhill County, as not representing good use of farmland, harms tourism and local quality of life and water, and does not represent a sustainable long-term vision for waste disposal in the county.

The Yamhill County Board of Commissioners in November, 2009 approved the landfill expansion application, which was appealed in January, 2010 to the Oregon Land Use Board of Appeals (LUBA)  who rejected the county's approval in July, 2010, which was appealed to the Oregon Court of Appeals which sustained the LUBA rejection, a victory for opponents of the landfill expansion.  

The county and Riverbend can either pursue further attempts to change Yamhill County's Comprehensive Plan or pursue alternatives to expansion.

January 13, 2010

Waste Not of Yamhill County

One of the more disturbing aspects of the current Yamhill County Board of Commissioners has been this regular disregard for the committees that advise them.  While nothing requires them to follow the recommendations of committees, and they shouldn't be bound by them, it has been clear for some time that most of the time the committees and commissions are treated as completely irrelevant, such as in this case:

Landfill Should Never Be Expanded:

I am proud to be among the co-petitioners that have filed to appeal the destructive and unnecessary expansion of Riverbend Landfill.

I am a member of the Solid Waste Advisory Committee (SWAC), a [Yamhill County Board of] commissioner-appointed group that voted to make environmental considerations the most important criteria of the expansion determination — a vote that was not considered by the Zia Report authors and thus ignored by commissioners Lewis and George when they made their decision to approve the landfill. SWAC, the very committee created to advise the county on garbage policy and financing, was thus marginalized, ignored and inevitably eliminated from the county-decision making process, along with all the rest of us that testified in opposition including the county’s own planning commission.

January 05, 2010

Riverbend Landfill Expansion Appealed

Today, Waste Not of Yamhill County released the following:

Riverbend Landfill Expansion Appealed

On January 5th, 2010, a coalition of Yamhill County organizations and individuals, led by Waste Not of Yamhill County, filed a Notice of Intent to Appeal with the Oregon Land Use Board of Appeals (LUBA) to overturn the Yamhill County Board of Commissioners' approval of Ordinance 849.  Ordinance 849 rezones EFU-80 (Exclusive Farm Use) land to accommodate a major expansion of Riverbend Landfill on the South Yamhill River near McMinnville, Oregon.

Continue reading "Riverbend Landfill Expansion Appealed" »

December 18, 2009

Impacts of Newberg Garbage Service Sale to Waste Management

It is always a sad day when one of our oldest mom and pops (Newberg Garbage service, since 1941) gets swallowed up by a Fortune 500 out-of-state corporate giant such as Waste Management Inc. (WM) Newberg's garbage is cheaper than McMinnville's but one can assume WMI will use its empowered monopoly status to hike the rates with this new purchase development.

However, the silver lining with this consolidation is that Newberg Garbage service maintains a compacting transfer station on land already zoned for industry. When the land-use fight over Riverbend Landfill winds down, and Waste Management has lost its fight to expand onto farmland and the riverbank, they will be all set to export our trash up to their desolate facility in the desert without having to raise the costs due to the siting and construction of a new transfer station. WM just undercut their own argument that there is a need for a zone change because they just bought industrial land in Newberg that they can now transfer their garbage to Arlington through without destroying EFU farmland!

Continue reading "Impacts of Newberg Garbage Service Sale to Waste Management" »

November 10, 2009

Yamhill County landfill expansion approved

Will Neuhauser

Commissioners give Riverbend green light on expansion - NewsRegister.com.

Riverbend Landfill can pursue its expansion, the Yamhill County Board of Commissioners decided Monday afternoon.

Commissioners Leslie Lewis and Kathy George voted after little discussion to approve the landfill’s application to expand.

Yamhill County Planner Mike Brandt made the staff recommendation from the planning department, and he said Riverbend met criteria for site design, zone change and flood plain building. Brandt recommended approval of the entire application. The commissioners obliged and gave an affirmative vote with no additional qualifications or conditions for Riverbend. The discussion was so short, the meeting lasted less than half an hour.

The Newberg Graphic | Commissioners approve landfill expansion.

Commissioners Lewis and Kathy George both voted in favor of the land use application, which combines rezoning, a floodplain development permit to reroute a stream on the property, and a state land use goal exemption.

YAMHILL COUNTY BOARD OF COMMISSIONERS.

E.         PUBLIC HEARINGS: 1.         Consideration of Planning Docket PAZ-05-08/FP-04-08/SDR-16-08, a request for plan amendment/zone change, floodplain development permit, and site design review for a proposed expansion of the landfill, applicant Riverbend Landfill Company, Inc., as continued from October 14, 2009, at the point of Staff Recommendation.  [Tentatively approved, findings to be adopted December 9, 2009.]

October 26, 2009

Too toxic for Olympia

Will Neuhauser

Letters to the Editor - October 17, 2009 - NewsRegister.com.

It turns out that Riverbend is the cheapest place to dump soil that is too contaminated to live or play on. Or in the words of the engineer, Riverbend is the most “cost effective” place to take contaminated soil. What a claim to fame: Riverbend — the bargain-basement of dump sites. Imagine, if it is allowed to expand, how much more debris, laced with cancer-causing agents, it will be able to accept.

Posted by Will Neuhauser on October 26, 2009 at 4:54 PM in Yamhill County, OR: Board of Commissioners: Topic: Riverbend Landfill Expansion, Yamhill County, OR: Topic: Waste Management | Permalink | Comments (0) | TrackBack (0)

October 19, 2009

A New Recycling Strategy Is Catching On

Will Neuhauser
A New Recycling Strategy Is Catching On - NYTimes.com.

Across the nation, an antigarbage strategy known as “zero waste” is moving from the fringes to the mainstream, taking hold in school cafeterias, national parks, restaurants, stadiums and corporations.

Though born of idealism, the zero-waste philosophy is now propelled by sobering realities, like the growing difficulty of securing permits for new landfills and an awareness that organic decay in landfills releases methane that helps warm the earth’s atmosphere.

“Nobody wants a landfill sited anywhere near them, including in rural areas,” said Jon D. Johnston, a materials management branch chief for the Environmental Protection Agency who is helping to lead the zero-waste movement in the Southeast. “We’ve come to this realization that landfill is valuable and we can’t bury things that don’t need to be buried.”

Posted by Will Neuhauser on October 19, 2009 at 5:05 PM in Yamhill County, OR: Board of Commissioners: Topic: Riverbend Landfill Expansion, Yamhill County, OR: Topic: Waste Management | Permalink | Comments (0) | TrackBack (0)

Minutes - 20089-10-14 Yamhill County Board of Commissioners

Will Neuhauser
Written testimony open until 5:00 p.m. on October 21, 2009 from any party regarding the alternative disposal options analysis and the gas distribution diagram.


YAMHILL COUNTY BOARD OF COMMISSIONERS.

October 14, 2009                    9:00 a.m.        Formal/Informal Session              Room 32, Courthouse Call to order; flag salute.   
...
B.         PUBLIC HEARINGS: 
1.         Consideration of Planning Docket PAZ-05-08/FP-04-08/SDR-16-08, a request for plan amendment/zone change, floodplain development permit, and site design review for a proposed expansion of the landfill, applicant Riverbend Landfill Company, Inc., as continued from July 1, 2009, at the point of Staff Recommendation. [Continued to 2:00 p.m. on November 9, 2009, at the point of Staff Recommendation; record to be left open until 5:00 p.m. on October 21, 2009, for the submission of written testimony from any party regarding the alternative disposal options analysis and the gas distribution diagram, until 5:00 p.m. on October 28, 2009, for written rebuttal from any party regarding the same, and until 5:00 p.m. on November 4, 2009, for written rebuttal by the applicants.]   
a.  B. O. 09-624 - Consideration of accepting the Analysis of Waste Disposal/Management Alternatives as prepared by Zia Engineering & Environmental Consultants, LLC.

Posted by Will Neuhauser on October 19, 2009 at 3:12 PM in Yamhill County, OR: Board of Commissioners: Topic: Riverbend Landfill Expansion, Yamhill County, OR: Topic: Waste Management | Permalink | Comments (0) | TrackBack (0)

October 15, 2009

Yamhill County Final Report on Alternative Disposal Option and Testimony schedule

Will Neuhauser

Yamhill County Final Report on Alternative Disposal Option (related to the Riverbend Landfill Expansion).

On October 14, 2009, the Board of Commissioners voted to accept the report on "Analysis of Waste Disposal", and the following schedule for written testimony. The Board stressed that the open record period was only for testimony related to the gas distribution diagram submitted by Gary Andes of DEQ, and the report on the "Analysis of Waste Disposal". All testimony is to be submitted to the Yamhill County Planning Department, 525 NE 4th Street, McMinnville, OR 97128. The schedule is as follows:

  • The record will be left open until 5:00 PM on October 21, 2009, for all parties to submit written testimony on the "Analysis of Waste Disposal" report and the gas distribution diagram submitted by Gary Andes, DEQ, on April 1, 2009.
  • The record will then be open until 5:00 PM on October 28, 2009, for all parties to submit rebuttal to what was submitted during the previous open record period. 
  • The record will then be open until 5:00 PM on November 4, 2009, for the applicant and their representatives to submit final written rebuttal. 
that point the record will be closed and the hearing will reopen at 2:00 PM on MONDAY, November 9, 2009, Room 32 of the County courthouse at the point of "Staff Recommendation."

Posted by Will Neuhauser on October 15, 2009 at 3:21 PM in Yamhill County, OR: Board of Commissioners: Topic: Riverbend Landfill Expansion, Yamhill County, OR: Topic: Waste Management | Permalink | Comments (0) | TrackBack (0)

October 06, 2009

Final report from Zia Consultants on the "Analysis of Waste Disposal" and hearing date 10/14/2009

Will Neuhauser

Final report from Zia Consultants on the "Analysis of Waste Disposal" considers

... the transportation options and projected costs for alternative processes and transportation options.... The Board is scheduled to reopen the Riverbend Landfill hearing in Room 32 at 9:00 am, on October 14, 2009, at the point of "Staff Recommendation." At that point the Board is to decide whether to accept the report on the "Analysis of Waste Disposal". If the report is accepted, the Board will then decide on the schedule for receiving final written testimony.

Posted by Will Neuhauser on October 6, 2009 at 3:59 PM in Yamhill County, OR: Board of Commissioners, Yamhill County, OR: Board of Commissioners: Planning Commission, Yamhill County, OR: Board of Commissioners: Solid Waste Advisory Committee: Topic: Riverbend Landfill Expansion, Yamhill County, OR: Board of Commissioners: Topic: Riverbend Landfill Expansion, Yamhill County, OR: Board of Commissioners: Topic: Riverbend Landfill Expansion: Background, Yamhill County, OR: Topic: Waste Management | Permalink | Comments (0) | TrackBack (0)

September 29, 2009

Oregon DEQ Report on Waste Recycling Across the State

Will Neuhauser

2008 Oregon Material Recovery and Waste Generation Rates Report by the Oregon DEQ, with comparisons by "wasteshed" (roughly counties) across the state.

Posted by Will Neuhauser on September 29, 2009 at 4:57 PM in Oregon: State of: DEQ: Waste Management, Yamhill County, OR: Board of Commissioners: Solid Waste Advisory Committee, Yamhill County, OR: Board of Commissioners: Solid Waste Advisory Committee: Background, Yamhill County, OR: Board of Commissioners: Topic: Riverbend Landfill Expansion, Yamhill County, OR: Topic: Waste Management | Permalink | Comments (0) | TrackBack (0)

September 27, 2009

Oregon DEQ Hearing: Discharge Permit and Renewal of Title V Permit for Riverbend Landfill

Will Neuhauser

Notice of Public Hearing—October 20, 2009

Proposed Issuance of Standard Air Contaminant Discharge Permit and Modification and Renewal of Title V Permit for Riverbend Landfill Co....

 

Information session begins at 6 p.m. with formal hearing to follow...

Yamhill County Courthouse 535 NE 5th Street Basement Room 32 McMinnville, Oregon 97128

 

Posted by Will Neuhauser on September 27, 2009 at 12:46 PM in Oregon: State of: DEQ: Hearing, Yamhill County, OR: Board of Commissioners: Topic: Riverbend Landfill Expansion, Yamhill County, OR: Topic: Waste Management | Permalink | Comments (0) | TrackBack (0)

Yamhill County Hearing 10/14/2009: Expansion of Riverbend Landfill

Will Neuhauser

[Updated 10/06/2009] Receipt of report moved to October 14, 2009 at 9:00 AM in YC Courtroom #32.

2009-10 PUBLIC HEARINGS SCHEDULE - BOARD OF COMMISSIONERS

PAZ-05-08/FP-04-08/SDR-16-08, request for expansion of Riverbend Landfill. Includes comp plan amendment, zone change, floodplain modification, and site design review, as continued from July 1 at the point of Staff Recommendation.

Posted by Will Neuhauser on September 27, 2009 at 12:41 PM in Yamhill County, OR: Board of Commissioners, Yamhill County, OR: Board of Commissioners: Topic: Riverbend Landfill Expansion, Yamhill County, OR: Topic: Waste Management | Permalink | Comments (0) | TrackBack (0)

April 17, 2009

RFP: Alternative Disposal Options for Yamhill County Solid Waste 2009

Will Neuhauser

RFP: Alternative Disposal Options for Yamhill County Solid Waste 2009:

The RFP summary (due by April 30th -- just two weeks from publication!):

The Board of Commissioners desires to retain the services of a qualified firm or individual to evaluate and recommend alternative disposal options, use of alternative landfill sites and the cost of transportation options, other than disposal of solid waste at Riverbend Landfill in the event the landfill is unable to accommodate disposal needs for in-county waste after expiration of the license agreement.  It is assumed that it will be necessary to provide for the disposal of about 250,000 tons of solid waste per year by 2020.

The specifications:

3.1 The successful proposer will be required to complete a comprehensive report suggesting alternative solid waste disposal options, alternative sites, and cost of transportation options other than disposal at Riverbend Landfill in the event the landfill is unable to accommodate disposal needs for in-county waste after expiration of the license agreement on September 30, 2014.  A land use application is pending to expand Riverbend Landfill, but it is unknown whether the application will ultimately be approved.  It is assumed that it will be necessary to provide for the disposal of about 250,000 tons of solid waste per year by 2020. All available options must be evaluated with respect to locations, disposal costs, transportation costs, reliability and environmental factors.


disposaloptionsrfp - Get more Business Documents

Posted by Will Neuhauser on April 17, 2009 at 7:58 AM in Yamhill County, OR: Board of Commissioners, Yamhill County, OR: Board of Commissioners: Topic: Riverbend Landfill Expansion, Yamhill County, OR: Topic: Waste Management | Permalink | Comments (0)

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