Landfill opponents vow to fight decision

Land use — LUBA appeal to focus on farm land preservation

  • By: David Sale  
  • Published: 11/13/2009 4:00:58 PM
   Waste Not of Yamhill County, the citizen’s group opposed to the Riverbend Landfill expansion, will likely argue before the state Land Use Board of Appeals that the Yamhill County Board of Commissioners improperly granted the facility a statewide land use goal exemption.
   The proposed expansion of the landfill requires rezoning acreage formerly zoned for exclusive farm use, which in turn required a finding that the proposal meets the criteria for an exemption from state land use Goal 3, which prioritizes the preservation of agricultural lands.
   “We are not deterred from our mission to stop expansion of this outdated and unnecessary use of farmland and floodplain,” wrote Susan Watkins, president of Waste Not of Yamhill County.
   Environmental concerns and loss of farm land were also the chief objections cited by Ramsey McPhillips, a leading landfill opponent and neighboring land owner, in a statement released after Monday’s verdict.
   “It was as though the farmers, or the true issue at hand — a land-use application to destroy farmland with a landfill — didn’t exist,” McPhillips said of the commissioners’ decision, noting that the county Soil and Water Conservation District and Planning Commission had advised against the expansion.
   While shipping waste out-of-county would increase local rates, in some cases by up to 20 percent, that alone does not render such a plan unfeasible, McPhillips argued. And since such an alternative does exist, he added, the expansion application did not meet the standards for a goal exemption.
   Waste Not has retained the services of Portland land use attorney William Kabeiseman, who was reluctant to comment on the grounds of the planned appeal. “Until we see the actual findings, to be approved by the board of commissioners in December, I don’t know exactly what our argument will be,” he said.
   However, Kabeiseman pursued a similar strategy in representing a coalition of local winemakers who objected to the siting of a luxury hotel on EFU-zoned land north of Dayton. Kabeiseman successfully argued in that case that alternatives to the Goal 3 exemption existed, specifically that buildable land was available within nearby urban growth boundaries.
   As for Waste Management, Riverbend’s parent company, spokeswoman Jackie Lang said an appeal “would be disappointing after such a thorough process,” and said the firm would assist the county in defending its decision before LUBA.

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farmer1862 from McMinnville
11/13/2009 8:56:30 PM

Full statements by Waste Not at www.wastenotofyamhillcounty.com and from Ramsey McPhillips at www.mcdumpville.com
 
phaight1 from newberg
11/16/2009 5:04:00 PM

Newberg 4th generation! Don't tell me our commissioners dIdn't consider the fact the Willamette River is NEWBERG'S DRINKING WATER or the fact 2.5 mi lbs of dioxins and carcinogens are already dumped into the Willamette EACH YEAR. Didn't they consider the importance of Hwy.18 farmland to OUR ECONOMY? Didn't they consider Willamette River FLOODING and POSSIBLE IMPACTS on the quality of our water? Did they consider the FRIGGIN' SMELL they entertain our tourists with? I'll pay another $3.60 a mo. to SAVE the FARMLAND on Highway 18..!!! /

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