AR25-026 Staff Decision - Laserfiche WebLink

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The primary purpose of this dump site appears to be obtaining a profit from the disposal of industrial and commercial vactor truck waste. This does not constitute farm use, rather, this is a solid waste disposal site. New solid waste disposal sites are not permitted in Marion County. See MCC 17.136.050 (I): I. Expansion of a lawfully established solid waste disposal site together with facilities and buildings for its operation (see specific conditional uses, MCC 17.120.310 through 17.120.380). Only expansions of lawfully established sites can be permitted. This does not fall into a lawfully permitted site, as no prior land use permits were applied for and the site wasn’t operating prior to county’s comprehensive plan being acknowledged in 1983. The proposed use is not a farm use. Evidence in the record also shows more than soil and water were dumped in the pit, countertop material was dumped in this pit as well. Additionally, the area was deeply excavated in order to make room for the fill material to be received. This is not consistent with the applicant’s stated need to fill in an existing low area on their property to make it suitable for farming. It appears the area was excavated in order to create capacity for accepting solid waste at the site. There are additional concerns about the operation of this site to receive material that haven’t been addressed by the applicant in their proposal: 1. Without testing each shipment as it arrives on site, it is impossible to determine if the fill is clean or not. There is not a process in place to ensure testing unless the site is established as a solid waste disposal site and permitted accordingly. 2. There are concerns about such a large berm being constructed near Ryan Creek, which flows directly to the Willamette River and serves as fish and wildlife habitat. If the berm were to fail, or contaminated soil be placed in it and drained to Ryan Creek, it could negatively affect downstream property owners and the wildlife. During the rainy months the pit fills up with water, leaving no capacity for soil and poses a threat of collapsing the berm. While the applicants have submitted a report to DEQ which shows the berm has a low chance of failure, this may not be adequate evidence the berm has been constructed to receive and store soil waste and water long term. 3. Evidence was submitted to the record showing a pump sitting on the berm that pumped turbid water directly from the pit into Ryan Creek, when the pit was filled with water. Letters in the record from DEQ demonstrate that they have concerns about this turbid water reaching streams and water of the state, which is in violation of ORS 468B.025(a) and in violation of OAR 340-012-0055(2)(b). It appears the applicants have been knowingly draining this water into Ryan Creek despite the notice of violations sent to them on January 11, 2024 and March 19, 2024 by DEQ. 4. Evidence was submitted to the record showing that on January 2, 2024, a hydraulic line on one of the trucks ruptured and spilled approximately 5 gallons of hydraulic fluid into the pit and surrounding area. Nothing has been submitted to the record to ensure that this will not happen again or that there are proper clean up procedures in place that would stop any hydraulic fluid from getting into the soil, groundwater or Ryan Creek. There is not sufficient evidence in the record to show that the use is a farm use. Because a new solid waste disposal site cannot be approved in the EFU zone, the use of the land for this purpose is not allowed and the land must be restored to a state where it is able to be farmed. The earthen berm must be removed along with the asphalt dumping stations, yellow guardrails, and other components of the disposal site. 8. Additional information was submitted to the record on September 24, 2025, by Jamie Howsley who represents the Chambers family who live directly west of the subject property. Their property abuts the subject property and contains the area in which the turbid waters flow into Ryan Creek. Ryan creek does not pass through the subject property, it is wholly contained on other, adjacent properties, such as the Chambers. A letter from Oregon Water Resources Department (OWRD) dated February 1, 2024, was sent to Denise Burnham detailing violations of ORS 537.130(1) and 537.130(2). These statues state that: