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Issues re proposed transfer station
presented to hearings examiner
posted 08/26/03
The fate of the county's proposed transfer station is in the hands of the hearings examiner (HEX). At an August 22, 2003 hearing for a conditional use permit (CUP)for the facility, several residents raised questions about noise, water runoff and the process the county used in selecting the site. The HEX will issue a ruling regarding the CUP within 21 days.
The county wants to locate the facility on a 6.84 acre site on Sutton and Roche Harbor Roads. The current county facility is located on one acre of land at the town-owned 26 acre landfill site.
Deputy Permit Center Director Francine Shaw summed up the permit center's report. She noted the concerns regarding traffic had been dealt with. A just completed drainage plan dealt with issues regarding runoff. The gray water from the restroom sink and runoff from hosing down the tipping floor will be diverted into holding tanks and treated. The restroom will have a composting toilet.
The plan for the storm water runoff meets the Dept. of Ecology stringent standards according to consultant Kathy Robinson. The county will have to apply for two National Discharge Pollutant System permits. One during construction and a permanent one afterwards, she said.
San Juan Island resident Claudia Mills who owns property adjacent to the site questioned the effect the runoff will have on the extensive wetlands across Roche Harbor Road from the site. She also raised questions about the loss of the rural character and the lack of an environmental impact statement (EIS).
The county issued a Determination of Non-significance (DNS) regarding the need for an EIS. No one appealed that decision. Mills said she didn't know about it in a timely manner. She also commented on the last minute inclusion of a drainage plan.
Public Works Director Jon Shannon believed the CUP process was more general in nature and didn't include all the details. "I think this is as good of a site as you'll find anywhere in the state," he said. The county has received a $436,000 grant to build part of the facility. The funds will be lost to the county if they are not spent by December 31, 2003.
The property for the facility is classified as agricultural resource land. The designation has limitations for impervious surfaces and building area which the transfer station project cannot meet. A legal opinion by the county's prosecutor's office stated the rules would not apply because this is an essential public facility. According to Civil Deputy Prosecuting Attorney Alan Marriner nothing in the county code can preclude the siting of an essential public facility. The siting of such facilities is complicated in San Juan County because the county Comprehensive Plan does not have regulations allowing for the siting of such facilities.
Several residents questioned Marriner's reasoning. Chris Clarke said, "Following Marriner's argument
none of the other parcels (the county looked at five) should have been excluded."
Carolyn DeRoos, a member of the county's Solid Waste Advisory Committee, supported the site. She noted the transfer station is an essential public facility and the county had considered other locations.
Jack Cory and Mary Ann Anderson brought up past examples of what they considered the county's poor track record regarding environmental concerns. Anderson cited a proposed slaughter house and the proposed aquatic septage lagoons as two examples.
"The county, particularly the public works department, has a regrettable sad history of adhering to its regulations. According to this memo we (the BOCC) are above the regulations." Cory said. "If we allow this particular proposal to go through and override the regulations the county will suffer. The fact that there is a grant out there shouldn't affect our decision.
Jeff Webster, the former head of the Hillview Terrace homeowner's association, said, "In terms of Hillview Terrace, this is a beneficial thing. There are 26 acres in between (the facility and the neighborhood). It is a nice buffer." The neighborhood abuts the current town-owned facility.
Ron Shreve raised questions about noise. He said often he hears back up beeps and scraping sounds as early as 5:30 a.m.
The HEX asked if the design of the facility would mitigate the noise. Shannon said, "Yes, we are aware we hadn’t been as good neighbors as we could have been. We currently have a straight unbuffered shot to neighborhood." According to Shannon the present facility has "every single thing you would never do." Because the facilities aren't covered there is an abundance of rats, crows, bald eagles, sea gulls and raccoons.
"A wildlife habitat," joked the HEX, in one of the few light-hearted moments of the hearing..
The new facility with its enclosed facilities should help contain the vermin problem. The traffic pattern which allows the transfer trucks to pull in straight should help minimize the noise, according to Shannon. Currently the trucks back up uphill to hook up to the refuse trailers. The resulting backup beeps and revving of engines would be minimized under the new traffic flow.
Shannon said, "The grant money is a good thing, we may very well lose it. Most of the people in the room haven’t objected to nature of what we are trying to do. We are urging on behalf of the citizens and the BOCC we find a way to make this facility happen."
The hearings examiner said, "I will attempt to issue an early decision. I know you might not be happy with all of it." While he would not be able to resolve all the issues, he believed he could resolve those necessary for him to address the CUP issue.
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