Citizens group files appeal regarding TVRR
Saturday, March 17, 2007 11:47 PM PDT
John Braese Argus Observer
VALE
A local coalition of residents has filed an appeal of the Malheur County Planning and Zoning Commission’s judgment regarding a site review of a proposed bio-refinery south of Ontario.
The Malheur County Planning Commission approved the site review blueprint for Treasure Valley Renewable Resources’ bio-refinery June 15.
Advocates of the $77 million bio-refinery project assert it will create more than 60 jobs and give the local economy a needed boost.
Ontario resident Steve Penn filed the appeal on behalf of “Concerned Citizens of Malheur County” July 7.
Now Penn has 10 working days to produce a certified written transcript to the Malheur County Court of the two Malheur County Planning Commission meetings in June.
If the county accepts the transcript, it will then set a date for an appeal hearing.
Wednesday night, the Oregon Department of Environmental Quality held a public hearing on the draft water pollution control facilities permit and the draft air quality permit at Treasure Valley Community College for the TVRR facility. The meeting was designed to solicit feedback from the community both for and against the proposed facility.
The DEQ will continue to seek public input until July 19.
In a phone interview Tuesday, TVRR Project Manager John Hamilton said his company stands ready to answer any questions brought up by the appeal.
“I am fully aware of the appeal and plan on addressing every issue,” Hamilton said. “The issues need to be answered and everyone should take this seriously.”
The appeal is a multi-pronged case against the commission’s recent site review ruling.
In the appeal, the citizen’s committee states the original rezoning — regarding a 115-acre parcel south of Ontario for the facility — was for uses and activities different than the ones now being permitted. The committee states the original zoning proposal, approved by the P&Z commission and the Malheur County Court, was for production of mill products, food-grade ethanol and animal feed.
The citizen coalition now asserts TVRR’s newest proposal is based on products such as synthetic gas and fuel-grade ethanol.
“The new use actually requires less intensity than the old proposal,” Hamilton said. Penn said, though, a new hearing is required.
“This issue has been brought up previously and the county did not address it,” Penn said. “State law is very specific. You can’t change your plans without a complete new hearing.”
The committee also states this site would “impose noxious or offensive impacts on the surrounding area” in violation of Malheur County code.
“We have met all the standards in place,” Hamilton said. Penn said he disagrees.
“The county did not address the impact area as stated in the county ordinances,” Penn said.Dealing with fire codes, the committee argues in its appeal that under Malheur County Code, “operations that constitute a fire hazard are not permitted.”
“The facility is a potential fire hazard,” Hamilton said. “We recognize the hazard and have agreed to provide a phone system directly to the fire department. The Ontario Fire Department has stated they have the equipment to handle any problems that may occur at the facility.”
Penn said the plant is a very real fire hazard.
“This plant has the potential to blow up,” Penn said. “There have been plants that have blown. The committee feels a ladder truck in the city is necessary for fire safety when dealing with a plant like this.”
Hamilton, though, said TVRR bargained with local fire officials to provide adequate fire protection.
“We negotiated with the fire department for $20,000 a year,” Hamilton continued. “They stated they had all the equipment they needed, but requested training, new radios and SCOTT air packs. We will be the first line of defense, but will have yearly training with the department and all buildings will be clearly marked in case of emergency.”
Concerned Citizens of Malheur County also assert in its appeal that some findings are not supported by “adequate evidence in the record but rather are based only on unsupported claims or assertions made by the applicant.”
Concerned Citizens of Malheur County specifically take issue with potential noise problems from the facility and the lack of buffer zones for vibration.
“All equipment in the processing will be mounted on noise reduction systems,” Hamilton said regarding the vibration and noise issue. “The steel buildings mentioned in the appeal will not have equipment noise.” Penn said TVRR has never outlined just exactly how it will cut down on potential noise from the plant.
“TVRR has never specified how they are going to deal with the noise problem,” Penn said.
The citizen’s committee states other governmental agencies have not granted permits to TVRR such as the Federal Food and Drug Administration and the Federal Alcohol, Tobacco and Firearms Commission.
Finally, the citizen’s group argues traffic plans have not been adequately addressed.
“I agree we need DEQ approval,” Hamilton said. “The FDA will be doing inspections, but no permit is needed. ATF will need a permit, but the property needs to be constructed before they even come out and look at it for a permit.”
Penn said the fact TVRR is making a food-grade product means the company will need federal permits.
“We don’t see how they are going to be making a food-grade product and not need FDA approval,” Penn said. “We believe ATF needs to have oversight on this project also.”
Hamilton said he expects a permit by mid-August and ground work on the plant to begin by fall.
“We want to be operational in 12 to 16 months,” Hamilton said. “They are just trying to delay the whole thing, but it is inevitable it will be done.”
Penn, though, said the coalition will make the appeals deadline.
“It looks like we will make the deadline for the appeals hearing,” Penn said. “We don’t think TVRR has the right permits to proceed and have not provided the right test data.”
However, Penn said there are a number of questions still unanswered in regards to the whole process.
“This whole thing was set up to be fast-tracked through the county,” Penn said. “The county has put off a lot of things on the DEQ. We are not trying to stall, we just want people to do their jobs. The group is looking out for everyone in the county.”
