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AR25-015 Staff Decision
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AR25-015 Staff Decision
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Last modified
8/1/2025 12:03:44 PM
Creation date
8/1/2025 12:03:56 PM
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Land Use
Case_Number
25-015
Document_Date
8/1/2025
Land Use Type
Administrative Review
Tax_Lot_Number
092W20D000100
Document_Type
Decision
Site_Address
092W20D000100
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would be, nor if they have existing training resources. The applicant does not explain what specialized <br />equipment for fighting battery fires at a BESS may be necessary. No emergency response plan was provided <br />with the application. <br /> <br /> Under the “Fire Safety” section of the application, the applicant states that there will be fire extinguishers at <br />strategic locations throughout the 15-acre Battery Energy Storage System. Electrical Energy Storage Systems <br />are subject to Oregon Fire Code (OFC 2022) section 1207, the applicant did not provide evidence that the <br />proposal could or would comply with the requirements of that section. <br /> The Marion County Board of Commissioners has determined that BESSs are not accounted for within Marion <br />County Code and are therefore not permitted under any circumstances. The Board simultaneously directed <br />Planning Department staff to begin working with industry leaders to develop standards for BESS so that they <br />may be permitted in the future subject to standards that mitigate potential adverse impacts. The applicant was <br />informed of this process and chose to apply prior to the development of any standards. The applicant has not <br />provided significant evidence to suggest that their proposal will not impact public health or create a <br />significant safety hazard within the county. The applicant had access to the public record of concerns <br />discussed at the public hearing regarding BESSs. These concerns include significant inherent risks and <br />potential impacts that result from establishment of a BESS. <br /> <br /> Perhaps the most serious risk is the potential for thermal runaway resulting in lithium fires and explosions of <br />the batteries themselves. These kinds of fires are extremely dangerous and difficult to extinguish. They can <br />result in injury to first responders both in the short term due to unpredictable velocity of fluctuating <br />temperatures when responders enter the facility, and in the long term due to health issues resulting from the <br />release of toxic aerial chemicals that may cause respiratory issues and skin damage. <br /> <br />After a BESS fire is extinguished, there is still significant long-term risk to the health of people living in the <br />area, and environmental hazards. The chemicals required for fire suppression of a large scale lithium fire can <br />runoff into the surrounding soils, groundwater, and streams across the subject parcel. The chemical leakage of <br />the damaged batteries themselves can result in hazardous material soaking into the soil and groundwater. At <br />this location, due to the intermittent and perennial streams that flow through the proposed facility, this <br />chemical leakage could directly pollute water bodies. Those streams flow into canals utilized by Santiam <br />Water Control District to provide water to farms in the area. <br /> <br /> Contamination of the groundwater and the streams on the subject parcel may result in a loss of water supply <br />required by farmers in the area to successfully grow crops, and the groundwater supply depended upon for <br />drinking water. Consumption of heavy metals and harmful materials that may leak from the BESS into the <br />water supply could cause long term health issues for individuals living in the area. <br /> <br />During the eventual decommissioning of the facility in 20 to 25 years, there will be more risk of hazardous <br />materials being released from metal in the batteries and chemical leakage into the soil, groundwater, and <br />adjacent streams. If failing batteries are removed, these hazards will simply be moved to a different site. The <br />applicant did not explain a plan for disposal of the batteries. <br /> <br /> The risks to the residents, farming operations, and environment in the immediate area are significant. These <br />risks carry associated costs for cleanup in the cases of fire, explosion, failing/leaking batteries, and eventual <br />decommissioning. In the case of an emergency at the BESS, several forms costly damage on the surrounding <br />area may be incurred. Crops may be destroyed. The soil may require capping if significantly contaminated. <br />Farmland may be permanently lost. Water sources may be contaminated. The ecosystem may be permanently <br />degraded. All of these potential side effects could create significant financial burden on property owners in <br />the area. The applicant did not address any of these risks, or suggest how Remington BESS LLC could or <br />would pay for any of the damages to property owners and residents that may result from the dangers of their <br />proposed BESS. <br /> <br /> In the case of an emergency at the BESS, temporary evacuation of nearby residents may be required. <br />Neighbors would need somewhere to evacuate to, whether that be a temporary shelter or hotels in the area. An <br />appropriate plan would provide details in the event of an evacuation and give property owners the chance to <br />review and provide comments on the plan during the land use process. The applicant did not provide any <br />evacuation plan. <br /> The public health and safety concerns regarding BESSs are significant and the potential adverse impacts to <br />agriculture and the environment resulting from BESSs are equally significant. The necessity for mitigation of <br />the risks imposed by these facilities is one reason the county is prohibiting BESSs until specific standards can <br />be developed. The applicant did not provide any significant evidence that the proposed BESS will not create
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