Scott Swanson
Of The New Era
A Sweet Home Planning Commission hearing to consider revocation of a conditional use permit for a recycling business produced some sparks Monday, May 5, as one owner of the business squared off with neighbors and another owner’s lawyer.
The hearing centered on the question of whether the commission should revoke a conditional use permit allowing Western Renewable Resources, formerly Totman Trucking, to operate at the north end of 24th Avenue.
The Planning Commission granted the conditional use permit in November 2006 to allow the operation of a recycling business. The operation was to collect fiber from Weyerhaeuser and other sources to be used as livestock bedding – at dairies, for example, and for use as industrial fuels, diverting the material from landfills.
The Department of Environmental Quality ordered the operation to stop as of March 30, alleging that the business was operating as a solid waste transfer station.
After a three-hour hearing Monday, commissioners voted 6-1, with Mike Adams opposing, to continue the conditional use permit until Aug, 31, with the proviso that if the DEQ and Desler made a case that they needed more time to get the material off the site, it could be extended to Nov. 6, when it would expire anyway. The commission stated that no new material could be brought in, but that the material stored on the site could be moved out.
During the hearing, WRR owner Dan Desler acknowledged that WRR had violated Department of Environmental Quality rules in storing and grinding wood byproducts for animal bedding, hog fuel and other uses at its site at the 24th Avenue site. But he said “gray areas in definitions” made it difficult to satisfy DEQ officials.
“It has never been our intent, nor will ever be our intent, to sell material that would cause human detriment,” he said.
In a series of letters to WRR, DEQ officials have expressed concerns about old cardboard and waste plastic stored at the site. The latest, dated April 18, 2008, stated that “the department views this material as a solid waste.” The letter demanded that no additional waste be accepted at the site and that an estimated nearly 40,000 cubic yards of “waste reject plastic” and “waste fiber material” stored at the yard, as well as bales of waste material at the site, be removed by Aug. 31.
During testimony, Desler told commissioners that he had had inquiries from Asian firms, particularly in the Philippines, interested in the waste plastic for use as fuel and in making automobile panels. He also said that some of the fiber is being marketed to dairy farms as bedding and “high-quality compost.”
“We’re doing a real service to the dairy industry,” he said.
He said that, in response to the concerns of the DEQ, he has asked the governor’s office to intervene, based on its concerns for developing renewable resources and energy.
Commission Chair Dick Meyers acknowledged that Desler was in a bind in that DEQ officials “are telling you you can’t accept stuff, but you can’t dispose of it.”
Further testimony from neighbors and former business associates of Desler’s all supported revoking the permit.
Neighboring property owners Wes Marchbanks of 2312 Main St., John Asbury of 1401 24th Ave. and Gerald Rice of 1824 Tamarack St. complained about trash and pollution from the site. Marchbanks also questioned Desler’s claims that the material on the site had any marketable value.
“I think the DEQ has covered my concerns,” Marchbanks said, referring to the letters from the agency. “I’ve spent most of my life working with the DEQ. I’ve found they are very reasonable to work with.
“You guys have to address this issue or it will become your problem.”
Desler complained that he hadn’t heard those complaints until the May 5 meeting.
“I’ve been here for nine years,” he said. “Why can’t these people pick up the telephone and call me? We are dealing with a material that is subject to be blown. If we don’t know about a problem, we can’t fix it. I’ve never had a phone call from any of these people on any of these issues.”
But Shawn Anderson, who said he was sued by Desler after Anderson put a lien on TRR for work he’d done, said he’d made “numerous, numerous phone calls” to Desler about problems on the site.
“He’s an expert in creating confusion,” Anderson said. “His excuses are never-ending. The city of Sweet Home cannot afford to do business with this man or have him doing business here.”
Varner Jay Johns III, a Eugene attorney, spoke on behalf of Jeremy Totman, who holds a 50 percent interest in WRR, though both Desler and Johns said he is not active in the operation of the company.
Johns, who acknowledged that he and Totman are pitted against Desler in a lawsuit, questioned why WRR was dumping waste material at the site instead of hauling it to Longview, Wash. as, he said, it was contracted with Weyerhaeuser to do. He also noted that Umpqua Bank has called “in excess of a million-dollar” loan to WRR and said the company had “very few assets, if any.”
He called Desler’s presentation “smoke and mirrors.”
Sweet Home Sanitation Manager Scott Johnson, whose company operates the local garbage collection franchise in the city, said it was “disappointing” that the city has allowed things to continue as long as they have at 24th Avenue.
“We are held to certain standards as all solid waste haulers are,” Johnson said. “There are guidelines. I think it’s fair that everybody should stay within those.
“You guys have a landfill in the city of Sweet Home right now.”
Under questioning from the commission, Johnson estimated it would take 45 days to clear the 24th Avenue site. Desler said later that it would probably take longer than that, particularly since the Umpqua Bank has a lien on the material on the site.
Commissioners agreed that the issue was whether use of the 24th Avenue site still meets the conditions approved when the permit was granted and whether the use violates any regulations or permitted uses.
Most of the commissioners agreed that the situation has changed at the site since the permit was granted in November of 2006.
Adams, who is an attorney himself, said he didn’t see much evidence that WRR was making an effort to comply with DEQ requirements.
“When you look at the criteria (for revoking the permit), it comes down to it is in violation of applicable statute, ordinance or regulation. And there isn’t sufficient information in the record to rebut that,” Adams said. “Mr. Desler’s given a lot of testimony, but I don’t feel there is.”
Commissioner Alan Culver said he was unconvinced that WRR was violating any rules.
“I would point out that shutting down a business is not a matter of turning a switch off,” he warned the other commissioners. “There’s a lot more involved. You cannot shut down a business like this instantaneously. It takes time.”
Before voting to revoke the permit as of August 31, commissioners questioned whether their action would create problems for the franchise agreement with Sweet Home Sanitation.
Planning Director Carol Lewis said the city attorney would have to deal with that issue.
In other action Monday, commissioners approved a request by Phil Ordway, CEO of the Santiam River Development Co., to extend for two additional years its prior approval of the Santiam River Club Phase I Plat, due to the recent deterioration of “primary and secondary residential markets” and the secondary mortgage markets.
The company chose not to begin site development on the 66-lot subdivision located northeast of Clark Mill Road off the east end of Green River Road.
The commission also approved a request by Greg Matz for variances to the minimum 8,000-square-foot lot size and property line adjustments to allow the reduction of two lots in the 900 block of south 27th Avenue. The property in question is in a brand new subdivision.