Dealing with Trespassing Neighbors: When Legal Help Becomes Necessary

Many environmental and legal challenges are associated with the establishment of a new landfill facility in rural Oregon. As a lawyer specializing in environmental law and land use, I have guided clients through the intricate process of obtaining the necessary permits for landfill projects. Here's summary of the complex journey to secure these permissions for a new landfill facility in Oregon. 1. Understanding the Environmental Concerns Oregon's environmental protection regulations are stringent and designed to protect the state's beautiful and diverse ecology. New landfills must adhere to strict guidelines to mitigate potential harm to the environment. A. Preliminary Site Assessment The first step is a detailed assessment of the proposed site's environmental aspects. This includes studying the local ecology, groundwater conditions, and evaluating potential risks to nearby communities. B. NEPA If the project requires federal permits or action, the developer must work with agencies to obtain compliance with the National Environmental Policy Act (NEPA). This can be a time consuming and complex process that will be addressed in a separate article. C. Other Federal Permits D e pending on the site, several types of federal permits or actions could be involved. For example, if the site is contiguous with a navigable water, federal wetland permitting might be required. Similarly, if endangered species are in the area, action under the Endangered Species Act might be needed. 2. Zoning and Land Use Regulations Zoning and land use issues can be a complex area to navigate. Although landfills are allowed under state law in rural areas, rural areas often have unique zoning laws that must be carefully interpreted and complied with. A. Local Zoning Compliance You must ensure that the proposed site complies with local zoning ordinances, which will require a conditional use permit. Issues ranging from compliance with environmental concerns to traffic impacts will be at issue. Odor is often also a major consideration for landfills in this process. Engaging local authorities and the community early in the process is essential for success. Moreover, conditional use permits are subject to hearings at the local level, and the results can be appealed to the Land Use Board of Appeals (LUBA) and the appellate courts. B. Land Use Compatibility Statement (LUCS) A LUCS must be obtained, indicating that the proposed use of the property is consistent with the local government's comprehensive plan. This should follow from the conditional use permit. 3. State Regulations and Permits State permits are often the most challenging aspect of the process, encompassing a range of areas including: A. Solid Waste Permit The Department of Environmental Quality (DEQ) will require a solid waste permit, detailing how the landfill will be constructed, operated, and eventually closed. ORS 459 and companion rules describe the requirements for this permit. B. Water Quality Permits Given the potential impact on local water resources, permits related to stormwater discharge and wastewater management must be obtained. The applicant will, for example, have to prepare a plan showing how it will manage landfill leachate. C. Air Quality Permits Oregon's DEQ also regulates air emissions from landfills. An air quality permit detailing the landfill's potential emissions and control measures is required. 4. Community Engagement Community concerns can significantly impact the permitting process. Holding public hearings and engaging with residents to address their concerns is vital to securing the necessary permits. 5. Conclusion: A Collaborative Effort Securing the necessary permits for a landfill in rural Oregon that serves urban areas is a multifaceted process that requires collaboration between legal experts, environmental consultants, and local authorities. While the permitting process may seem daunting, a well-prepared legal strategy can guide you through these complexities, ensuring that the proposed landfill complies with all legal and environmental regulations. By considering the environmental impact and working closely with local authorities and the community, we can build facilities that align with Oregon's commitment to environmental stewardship. If you are considering such a project, seeking professional legal guidance early in the process can prove invaluable in navigating the legal maze that surrounds the establishment of a new landfill facility in rural Oregon.

The Risk. If you operate and industrial or commercial site, you are always at risk of offending the Oregon Department of Environmental Quality (DEQ). If you are discharging a pollutant to waters of the state (a defined term), you might have a problem with the Clean Water Act's (CWA) NPDES program. If you are emitting a pollutant, you might have a problem with clean air regulations. If your land has hazardous waste deposits, you might have a problem under CERCLA. Whatever it is, you could come under scrutiny by DEQ. If that happens, several general steps apply. First Steps. DEQ will first try to work with you to resolve the violation, if any, by imposing additional regulation on you. For example, the agency might require you to come into compliance or get a permit, like coverage under the general stormwater permit 1200-Z. Or DEQ might require you not to emit the offending pollutant. You can and should negotiate with DEQ during this period. File a Notice of Appeal. If DEQ doesn't like your response, it will issue a notice of violation (NOV) and enforcement order. DEQ will generally impose a fine in addition to requiring compliance with the order. That gives you two choices. First, you can comply with the NOV and pay the fine. But second, you can choose to contest the NOV. If you take the second approach, you must file a notice of appeal withing 20 days. This period cannot be extended. With the notice of appeal, you can request an informal conference with DEQ to work through the issues. DEQ will schedule the conference and you will have the opportunity for further negotiations. If, however, DEQ will not settle with you the case will be referred to an administrative law judge for a hearing and decision on the order. If you don't like that result, the next step is an appeal to the Oregon Court of Appeals. Get Expert Help.  Negotiating with DEQ at any step, and litigating the NOV, is a tricky business. Essentially you will be engaging in complex litigation. Your best bet is to get an experienced environmental lawyer at the start who can guide you through the process. Remember dealing with DEQ is a complex and risky process. It is best to have expert help at the start. I can provide that help. I have been working for and against DEQ for 20 years, and I am experienced with administrative and environmental law. I currently am in litigation with DEQ for its regulatory overreach. Please give me a call if you would like to discuss a problem with DEQ.

Portland, Oregon, is often described as an area of natural beauty. Coupled with the state's commitment to developing sustainable and eco-conscious practices, business startups and investors are required to comply with environmental laws and regulations if they want to grow their businesses and succeed. Whether you're launching a new enterprise, investing in local development, or expanding an existing business, it's essential to understand Oregon's environmental laws and how they can impact your business venture to demonstrate a commitment to the values of your state's community. At Law Office of Frank Hammond , we strive to help you understand your rights and obligations for complying with federal and state environmental law.

The Clean Water Act (CWA) is a federal legislation passed in 1972 that is aimed at improving and protecting water quality throughout the United States. While Section 402 deals with the National Pollutant Discharge Elimination System (NPDES), Section 403 introduces additional requirements for discharges, specifically in territorial seas, contiguous zones, and oceans. At Law Office of Frank Hammond in Portland, Oregon, we're committed to helping businesses, developers, and municipalities understand their obligations under the CWA and operate responsibly to avoid legal complications. Here, we strive to break down what Section 403 entails, how it interacts with other provisions of the Clean Water Act, and its implications for business and corporate entities.

The term biodiversity refers to the variety of life on Earth, including all living organisms such as plants, animals, and microorganisms, as well as their genetic diversity. Biodiversity is essential for maintaining healthy ecosystems and providing numerous benefits to humans, such as clean air and water, food and medicine sources, and cultural values. However, with increasing human activities such as deforestation, pollution, overharvesting of resources, and climate change, biodiversity is facing significant threats worldwide. To protect and conserve biodiversity effectively, there are various laws and regulations in place at local, state, and national, levels.

Enacted in 1972 by the Congress, the Clean Water Act (CWA) is aimed at regulating water pollution to protect and maintain the integrity of the nation's waters. The primary objective of this Act is to restore and preserve the chemical, physical, and biological properties of water bodies across the country. Section 402 of the Clean Water Act establishes the National Pollutant Discharge Elimination System (NPDES) permit program, as outlined by the EPA, which is responsible for controlling the discharge of pollutants into navigable waters and ensuring compliance with wastewater standards. At Law Office of Frank Hammond , located in Portland, Oregon, we are dedicated to helping businesses and individuals understand the provisions of the Clean Water Act, particularly in obtaining and managing NPDES permits.

The Clean Water Act (CWA) was established by the Congress and acts as the federal baseline for water quality standards in the United States and state authority regarding environmental protection. According to the Environmental Protection Agency, Section 401 of the Clean Water Act outlines key requirements for states and authorized tribes to protect the water quality of federally regulated waters through federally issued permits. At Law Office of Frank Hammond , our attorney is experienced in helping industry and large organizations understand their responsibilities for maintaining water quality and complying with the regulations laid out in Section 401 of the Clean Water Act.

N-(1,3-dimethylbutyl)-N'-phenyl-p-phenylenediamine or 6PPD is a chemical used in tire manufacturing to prevent them from breaking down. Friction between tires and the road causes 6PPD to be released in dust. When exposed to ozone in the air, 6PPD undergoes a chemical reaction and becomes 6PPD-quinone, or simply 6PPD-q. This new chemical then gets into waterways where it has been proven to be extremely hazardous for marine life. Marine die-offs beside roadways had been noticed before, but the pollutant responsible hadn’t been figured out. 6PPD-q was first discovered as that pollutant in December 2020 by scientists at the University of Washington-Tacoma and Washington State University. Coho salmon seem the most vulnerable to 6PPD-q, but it is toxic to other fish species like rainbow trout and chinook salmon. The discovery of 6PPD-q has caused a flurry of legal activity and regulation discussions. In 2022, the EPA launched a group to research 6PPD-q and how to prevent further fish deaths. Both California and Washington have included 6PPD-q in their chemical safety programs, and Oregon has released a primary report about ways to reduce 6PPD-q runoff. Management of tire wear runoff has been included in the draft of Washington’s stormwater permits, even though 6PPD-q has not been mentioned by name. This year, the EPA released a 6PPD-q test to better assess and manage water systems. Likewise, 6PPD-q has been the subject of multiple legal cases. The Yurok, Port Gamble S’Klallam, and Puyallup tribes petitioned the EPA to prohibit the use of 6PPD in tire manufacturing due to 6PPD-q’s effects on the salmon the tribes traditionally fish. The EPA agreed to the petition and has drawn up a plan to further research 6PPD and 6PPD-q and phase its use out of tire manufacturing. Shortly after the petition was granted, the Institute for Fisheries Resources (IFR) and the Pacific Coast Federation of Fishermen’s Associations (PCFFA) filed a joint suit against multiple tire manufacturers for their use of 6PPD, which endangers animals protected by the Endangered Species Act. Similarly, the Center for Biological Diversity sent an intent to sue letter to the California Department of Transportation, the US Department of Transportation, the Oregon Division of Federal Highway Administration, the National Marine Fisheries Services, and the Secretary of Commerce for alleged inactions related to road management, which led to 6PPD-q ending up in critical salmon habitat The legal issues surrounding 6PPD and 6PPD-q are coming fast. Those in the tire industry need to stay abreast of the issue, while some have an opportunity to invest in things like 6PPD-q cleanup and green infrastructure that will help prevent 6PPD-q from getting to the fish in the first place.

DEQ is holding a rulemaking meeting on May 9th, 2024 at 9 am, seeking to clarify House Bill 3220. HB 3220 updates Oregon’s E-Cycles program, the state’s electronics recycling program. Amendments to HB 3220 have expanded the electronics accepted, increased the minimum number of collection sites, and added requirements for improving the state’s collection network. The May 9th meeting will focus on annual reporting and coordination requirements, financial compensation, and environmental management practices. There will be time for public comment, allowing regular folks to add their input to the rulemaking process.  The rulemaking contact is Rachel Harding, at 503-929-7125.