County Court will hear bio-refinery appeal
Saturday, March 17, 2007 11:47 PM PDT
Larry Meyer and John Braese Argus Observer
VALE
The Malheur County Court will evaluate an appeal Aug. 3 of the Malheur County Planning and Zoning Commission’s approval of the site review application on a proposed bio-refinery south of Ontario.
Following a public hearing, which was conducted during two evening sessions, the commission approved the application submitted by Treasure Valley Renewable Resources on its site plan for its bio-refinery. The site plan covered how the facility’s infrastructure will be set up and how the plant will operate. Concerned Citizens of Malheur County, a coalition of local residents who oppose the plant’s proposed location south of Ontario, filed an appeal — within the allotted time and with the required documents — regarding several of the findings of the planning commission.
Members of the court will begin hearing arguments from both sides of the issue at 10:30 a.m. based on the record from the hearing and submitted documents.
No additional evidence will be presented. The court Wednesday also signed an agreement with Larry Epstein, a land-use attorney from Portland, to review documents and advise the court through the planning commission appeal process. Epstein previously advised the county during appeal of the zone change for the bio-refinery site before the Land Use Board of Appeals and the Site Review hearings.
In a related move, the Oregon Department of Environmental Quality (DEQ) has extended public comment on the proposed Water Pollution Control Facility permit for Treasure Valley Renewable Resources. The deadline regarding the air emission permit, however, passed July 20.
The original July 20 deadline on the Water Pollution Control Facility permit has been extended to August 2.
“We have received a fair number of comments since the hearing,” DEQ spokeswoman Heidi Williams said. “There was confusion about the fact the water and air hearings were held July 13. We usually don’t hold them at the same time. We did this time because we actually thought it would be easier to address all issues at once and to make time to come to only one hearing. We wanted to make it easiest for the public to submit comments on the permits.”
Steve Penn, a spokesman for Concerned Citizens of Malheur County, agreed the comment extension was a correct move by the DEQ.
“I think they should extend,” Penn said. “I was confused about DEQ holding both hearings at the same time and there were others. There was just some confusion about how DEQ communicated what they were doing. I know there has been some comments sent in already.”
TVRR project manager John Hamilton said his firm has no issue with the extension.
“We don’t have any concerns with the time limit extension,” Hamilton said. “The air permit should be addressed by the fifteenth of next month, but we have no problems with the extension on the water permit.”
Penn said Concerned Citizens of Malheur County is ready for the appeal session before the court.
“We met the deadline and are ready to go,” Penn said.
Hamilton said the appeal was no surprise.
“We expected this and have no real concern,” Hamilton said.
