MINUTES OF THE METRO COUNCIL

REGIONAL ENVIRONMENTAL MANAGEMENT COMMITTEE MEETING

Wednesday, April 21, 1999

Council Chamber

Chair Washington called the meeting to order at 1:38 PM.

1.  CONSIDERATION OF THE MINUTES OF APRIL 7, 1999

2.  REGIONAL ENVIRONMENTAL MANAGEMENT DIRECTOR’S UPDATE

Terry Petersen, Acting Director of the Regional Environmental Management Department, gave a summary of the department’s recent activities. (The summary has been attached to the meeting record.) Items included the following.

• A SOLV clean-up event was held Saturday in conjunction with Earth Day. More than 50 Metro employees and family members cleaned up a Clackamas County site.
• A chemical waste spill of acid occurred at Metro South. It generated a cloud, and the facility had to be evacuated. Fortunately, no one was hurt.
• Metro has been working with Clark County to set up an informal working group to find ways of cooperating on waste management. Programs are already underway to deal with hazardous waste and paint.
• Two new employees have joined the staff, Tia Henderson and Jane Rosenstein. Ms. Henderson will be part of the school education staff, and Ms. Rosenstein will work part time in the Recycling Information Center.

Chair Washington invited the new employees to say a few words about their new jobs. Councilor McLain welcomed the employees to two of her favorite programs at Metro. Councilor Park also extended his welcome.

Chair Washington invited Paulette Rossi to address the committee on a topic unrelated to today’s agenda.

CITIZEN COMMUNICATION

Paulette Rossi, Master Recyclers, 3710 NE 147th, Portland, OR 97232, read into the record a thank-you to several small recycling organizations, which donated $1200 to the Multnomah County Library Foundation to purchase children’s books on recycling. She praised the effort toward recycling education and the role of libraries in providing information to the public in an ecologically efficient way. (A complete copy of Ms. Rossi’s testimony is attached to the meeting record.) She distributed book marks to members of the committee, which she had made from recycled materials.

Chair Washington thanked Ms. Rossi for her efforts and for sharing them with the committee.

3.  YEAR-10 ANNUAL LOCAL GOVERNMENT WASTE-REDUCTION PROGRAM

Doug Anderson, Manager of the Waste Reduction, Planning, and Outreach division, said today’s presentation would be informational, but it would be an action item at the next REM meeting. (A summary of the program and its purpose can be found in the staff report associated with this agenda item in the meeting record.)

Mr. Anderson said this program is part of the Regional Solid Waste Management Plan (RSWMP). Local governments must respond to the plan in detail by June. In addition, they must report what they have done the previous year. These reports form the basis for dispersing $600,000 to the jurisdictions on a per-capita basis. In addition, between $180,000 and $200,000 has been made available for competitive grants.

Mr. Anderson said solid waste recovery would face challenges and opportunities. He said recent testimony had implied that the RSWMP was failing. He said he did not believe that. He said in this region, recovery has increased faster than population has grown every year. He said that disposal had grown faster, and because of that the rate had stalled. But in comparison with other areas, where the actual recovery has fallen despite growth, this region has done well. He credited programs Metro has put in place to promote recycling, including those supported by the Year-10 program.

Mr. Anderson noted that falling tip fees that make it cheaper to discard rather than recycle waste and a rapidly consolidating garbage industry that focuses on disposal would present challenges to future waste-reduction efforts. He said governments must work together more closely to meet these challenges. He said he had begun working on a plan to unify government efforts, which he would present to the committee soon. He said he would like to apply the $180,000 in money for competitive grants toward meeting the challenges.

Mr. Anderson asked members of his staff, Jennifer Erickson and Bryce Jacobson, to describe the existing plan.

Councilor McLain recalled she had met with Mr. Anderson on this issue in the past week. She said she understood the division of funds--the $600,000 set aside for distribution on a per capita basis and the $185,000 for competitive grants--would be the same in the coming year as it had been in the past. She said she would like to see that changed. She hoped to hear a plan for making the funds more competitive. She said she did not want to see more money spent on waste audits that show low results, yet no action program to improve the results.

Chair Washington asked Councilor McLain to provide the committee with examples of what has not been happening with regard to waste recovery.

Councilor McLain named plastics recycling, business and commercial recycling, and wet waste. She said money has been doled out on a per capita basis, yet some programs do well and others do not. She thought it was time to find out why and to tie money to results. She noted that the department had just put in place a new budget theory, which establishes performance benchmarks. She thought this would present a perfect opportunity to test the theory and determine where the money has produced results. She suggested that instead of distributing money strictly on per capita basis, some might be concentrated on a single program that no one government could handle by itself, such as a program to deal with organic waste.

Mr. Anderson said his staff had come prepared to talk about what it has been done over the past ten years. He asked if the Chair would like them to proceed or to come back with ideas for change.

Chair Washington asked that the staff give an update of the past ten years. He said changes would be discussed under another format.

Jennifer Erickson, Senior Solid Waste Planner, summarized the history of the program and the timeline for approval of this year’s plan. (This information can be found in the printed material associated with this agenda item in the meeting record.) She noted that the public comment period, which closed on April 12, received no comments. She said that was unusual compared with past years.

Bryce Jacobson, Associate Solid Waste Planner, explained how the current format of this plan came about. He said this year would be year 10, the final year of this particular plan format. He said year 11 would look much different for several reasons. First, in order to meet recycling goals, a shift of focus would be needed toward improving commercial, construction, demolition, and organic waste programs. In addition, local government and Metro managers have cooperated to narrow and strengthen the focus and make changes that would be reflected in year 11. He also said that the lack of public comment this year suggested the outreach effort needed to be improved.

Mr. Jacobson briefly reviewed the approval schedule, which began with SWAC approval that morning. The resolution and staff report should be before this committee on May 5. He noted that $600,000 on a per capita basis translated into about $.45 per person.

Councilor McLain said she has been following this program for the past few years and every year the department had promised changes but had not made them. She hoped year 11 would be different. She said $600,000 a year is too much money to disperse without insisting on results. She thought the whole program needed to be overhauled if the recycling and recovery goals were to be met. She was not suggesting pulling all per capita funds; she was, however, suggesting that something be done to break the cycle and do things better.

Mr. Petersen, suggested the department see what changes could still be made by May 5. He understood that would be too narrow a window in which to make significant progress, but he would support performance-based budgeting. He suggested further that if Councilor McLain’s concerns were not addressed by May 5, there might be another opportunity to do so when the supplemental budget process addresses the disposal savings. He said the Council has requested the department take a comprehensive look at the waste-reduction efforts, and that might be an opportunity to address changes in this program in more detail.

Chair Washington suggested scheduling a session for him, Councilor McLain, Mr. Petersen, and Councilor Park to see what might be done between now and May 5.

4.  RESOLUTION NO. 99-2776, FOR THE PURPOSE OF APPOINTING LYNN TAYLOR, SELENA MASON, JUDY CHANGERS, AND TREVOR NELSON TO FILL THREE EXPIRING TERMS AND ONE VACANT POSITION ON THE NORTH PORTLAND REHABILITATION AND ENHANCEMENT COMMITTEE, AND DECLARING AN EMERGENCY.

Katie Dowdall, Community Enhancement Coordinator, said this committee, chaired by Councilor Washington, had given away more than $1.4 million over the past eleven years in enhancement grants. The citizens on the committee would decide on how to spend a considerable sum. The citizens represent the seven neighborhoods within the boundary. This year, Arbor Lodge, Kenton, St. Johns, and University Park had vacancies. She said a three-tiered selection process had been designed to reach new citizens, younger people, and minorities, and that process had been successful. She said the nominees had been unanimously approved by the committee, and Executive Officer Mike Burton had concurred. (Background information on each nominee can be found in the meeting packet.)

Chair Washington will carry the motion to a meeting of the full Council.

4.  ORDINANCE NO. 99-796, FOR THE PURPOSE OF AUTHORIZING A TRANSFER OF METRO YARD DEBRIS PROCESSING FACILITY LICENSE NO. YD-0197 FROM SCOTTS HYPONEX CORPORATION TO CLACKAMAS COMPOST PRODUCTS, INC., TO CONTINUE OPERATIONS AT AN EXISTING, APPROVED, YARD DEBRIS PROCESSING SITE, AND DECLARING AN EMERGENCY

Mr. Petersen said part of Metro’s solid waste regulatory system includes licensing yard-debris facilities. This ordinance is needed to accommodate a change in ownership at the Scotts Hyponex facility. He said the old owner was a good operator, and the new one promises to be a good one, also. He urged approval of this license transfer. He noted that although the agenda lists this ordinance with an emergency clause, the ordinance itself has no emergency clause.

Chair Washington opened a public hearing at 2:20 PM. No one came forward to testify, so he closed the public hearing.

Councilor Park will carry the motion to a meeting of the full Council.

6.  ORDINANCE NO. 99-801, FOR THE PURPOSE OF TRANSFERRING THE SOLID WASTE FRANCHISE FOR OPERATION OF THE CITISTICS RELOAD/MATERIALS RECOVERY FACILITY FROM CITISTICS, INC., TO USA WASTE OF OREGON, INC.

Mr. Petersen said this also represents a change of ownership. USA Waste purchased the franchise from Citistics. This ordinance would transfer the franchise from Miller Sanitary to USA Waste. He said the facility has been operating since January of 1999, and no complaints have been received about the operation. He said no other provisions except the change of ownership and name would be modified in the franchise; the amount of tonnage allowed to go in and the type of waste the facility can accept would remain the same. He said the facility is located in a residential area with an apartment complex quite near. Metro, the REM department, and Waste Management, Inc., have notified the neighbors that this ordinance would be on the agenda today. Some written testimony has been received. (That testimony is attached to the meeting record.)

Chair Washington opened a public hearing at 2:30 PM.

Mr. Henry Kane, 12077 SW Camden Lane, Beaverton, OR 97008, read prepared remarks into the record (Mr. Kane’s testimony with exhibits attached to the meeting record.) He urged the committee to rewrite the franchise to make it specific that there will be no garbage transfer station in downtown Beaverton. He said the agreement authorizes that the City Council has no authority to allow that. If Metro allows it, he will file a complaint. Mr. Kane also said he had attended a neighborhood meeting recently and no one had been notified that this would be on the agenda. He said he had not received a letter, either. He said the REM records on this issue were incomplete, but he thought the facility was in violation of its franchise. He objects to odors wafting through downtown Beaverton.

Joe Cassin, 2746 NE 17th Ave, Portland, OR 97212, spoke on behalf of Waste Management/USA Waste. He reiterated that no changes would be made in the operation of the facility. He said the operation had been clean and received no complaints. He announced a tour on April 28 to which anyone present was welcome to take. He offered to set one up later in the evening, as well. He said that on May 5th he would be meeting with the Homeowner’s Association.

Chair Washington closed the public hearing at 2:35 PM.

Councilor Park asked if the location of the facility was legal.

Steve Kraten, Regulatory Affairs Administrator, REM Department, said the facility was operating on a conditional use permit granted by the City of Beaverton. The process for granting that permit was contentious, but after careful review the city approved it. That approval along with a DEQ permit were part of the franchise application made to Metro. The permit and the franchise agreement permit the facility to accept no more than 100 tons of waste per day, only 25 % of which can be household-generated putrescible waste (none of the putrescible waste can be commercial). The Council approved the franchise in August of 1998.

Councilor Park asked at what level the facility was currently operating.

Mr. Petersen said it was 30 to 40 tons per day, or about one-third capacity.

Councilor Park asked Mr. Fjordbeck if Metro had the authority to deny a permit if all other conditions have been met.

Mr. Fjordbeck said yes; however, Metro’s code establishes it as the last stop.

Councilor McLain reassured the citizens that this situation had not been taken lightly. She said the committee had reviewed the facility and its operation thoroughly. She thought it appropriate to allow the transfer. She expressed concern about facilities that exist close to residential areas and she said she expects Metro to make certain each facility maintains high operating standards.

Councilor Mclain will carry the motion to a meeting of the full Council.

7.  COUNCILOR COMMUNICATIONS

Chair Washington offered two items 1) a letter from the Oregon Department of Health and Human Services notifying SWAC that it had selected a new representative to that committee. Her name is Sarah Jo Chapman, Project Manager, 123 West Main Street, Hillsboro, Oregon, 97123. The alternate remains the same; and 2) SWAC had that morning put forward a process to determine use of disposal funds. The rest of the process for determining the use of those funds would be lengthy. He said a retreat to determine priorities, scheduled for sometime in May, would include the Executive Officer and the Auditor. In the issue will come before REM to establish objectives. SWAC would conduct a review at work sessions in June and review options and make recommendations in July. The rate review committee would consider the recommendation in August. REM would hold hearings in September and Council would take action after that. The new ordinance would then take effect January 1, 2000.

Chair Washington assured the committee that the process would be an open one and that no decisions had been made on the use of those funds.

Mr. Petersen addressed an item not on the agenda--the legislation before the State legislature to ban disposal of calcium hypochloride (pool chlorine), one of the most dangerous chemicals found in household garbage. When chlorine reacts with water, it creates a highly toxic cloud. He said it takes very little to send out a large cloud. The legislation, proposed by Metro, would subject disposal of chlorine to restrictions similar to those for abandoned vehicles, motor oil, and lead-acid batteries. Currently there are no restrictions. A hearing was held recently before the Senate Agriculture and Natural Resources Committee, and some agencies had opposed the legislation. Work was still going on to address the problem.

Mr. Petersen introduced Don Matott, who works for Specialty Transportation Services (STS), the firm that hauls Metro’s waste. Mr. Matott was injured by exposure to chlorine gas at one of Metro’s facilities. His experience prompted Metro’s action.

Don Matott, a driver for STS, told about his exposure to chorine gas. On January 9, 1997, he was working as the lead “goat” operator in an area where garbage is compacted into bales before being pushed into trailers for transport. One of his bales contained a five-gallon container partly filled with chlorine. When the compactor pushed it into contact with wet garbage, it released the toxic cloud. The gas burned his sinuses, his lungs, and his esophagus. He spent three days in the hospital and several months recovering. He has permanent damage to his lungs. He said a similar incident happened in Oregon City, where 10 people went to the hospital.

Mr. Petersen said Mr. Matott’s injuries were very serious. He said opposition to the bill in Salem came from the Department of Environmental Quality (DEQ) and from Oregon Refuse and Recycling Association. One of their concerns was that outside of the Metro area, no convenient disposal alternatives exist. Mr. Petersen said, however, that alternatives for other hazardous substances exist and he did not understand why this substance could not be accommodated in the same way. The committee directed Metro to work with the DEQ to see if Metro had the authority to deal with this problem in its own region. If it does not have that authority, the committee suggested it look for a way to get it. Mr. Petersen asked Mr. Fjordbeck to summarize the legislation that would be going back to Salem.

Mr. Fjordbeck said that after the hearing in which the chair of the committee asked the DEQ, the Refuse and Recycling Association, and Metro to work together, Metro had drafted some amending language. He said the difficulty was that Oregon’s hazardous waste law is not clear on whether local governments can impose stricter regulations than those of the state. Metro had drafted new to grant it the authority to adopt regulations prohibiting disposal of this substance at its own transfer stations and regional disposal facilities. The Department of Justice has expressed concern over granting this authority to Metro, so the issue has not yet been resolved.

Mr. Petersen said he believes this issue is serious, and if Metro is granted the authority, he will be back before the committee with legislation to address it.

Councilor Park asked how the material is classified before it is sold.

Mr. Petersen said he understood it is not classified as hazardous.

Councilor Park suggested the material could be returned to the point of purchase, similar to the way paint has been handled. He said that way, at least the material would be returned to those who know how to handle it.

Mr. Fjordbeck said Councilor Park’s suggestion had not been explored but could be.

Chair Washington commented that he could not understand how the DEQ could not see the danger of this substance. He said he could foresee a real tragedy in the future involving more people if disposal of the substance is not controlled. He offered his help on behalf of supporting related legislation.

Councilor Park asked how the Occupational Safety and Health Administration’s (OSHA) rules on this. He asked if there was a cut-off on quantity. He noted that in the nursery industry, OSHA regulates the substance.

Mr. Petersen said Oregon OSHA had not agreed to offer its support. He said the legislation Metro had proposed had no lower limit; it had proposed a total ban on disposal of calcium hypochloride.

Mr. Fjordbeck said reportable quantities of residue is 100 pounds, a federal requirement adopted by the state. He noted that it takes much less than that to create toxic gas, so there is an inconsistency in the reportable quantity and the amount it takes to create a toxic cloud.

Councilor Park asked whether states were allowed to make rules stricter than those of the federal government. Mr. Fjordbeck said he did not know, but he could find out.

Chair Washington closed by expressing his frustration this situation. He noted that it took a long time to convince industry to put a bitter substance in anti-freeze to keep children and pets from ingesting it. He said he could not understand why it took so long to institute such simple safety measures.

There being no further business before the committee, Chair Washington adjourned the meeting at 3:15 PM.

Respectfully submitted,

Pat Emmerson

Council Assistant

ATTACHMENTS TO THE PUBLIC RECORD FOR THE MEETING OF APRIL 21, 1999

The following have been included as part of the official public record.

Testimony Cards

Paulette Rossi

Henry Kane

Joe Cassin