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Neighbors: Sabroso�s use permit stinks By TONY BOOM Neighbors told a county hearings officer Wednesday that dealing with foul odors and lower property values are the result of living near Sabroso�s fruit-rinse water treatment facility. The forum was prompted by a November ruling by the Oregon Land Use Board of Appeals, saying that Jackson County should have made public comment part of the approval process before it granted a Land Use Compatibility Statement last May for the facility at Colver and Hartley roads south of Phoenix. The land-use statement cleared the way for construction of the 3.7 million-gallon holding pond and spray irrigation system. Sabroso hauls water from its Medford processing plant then sprays it on farmland to raise hay. LUBA has asked for a determination of just two issues: Is the facility permitted under county land use ordinances, and can it be classified as a public utility? County Hearings Officer John Eads listened to 3� hours of testimony at the Jackson County Offices auditorium from 18 people who either favored or opposed the project. Eads left the record open for additional written comments and final rebuttal until May 9. He must render a decision by June 13. Sabroso�s operation meets the definition of farm use in both state statues and county codes, argued attorney Steve Abel. Water impoundment for irrigation is consistent with farm use designations, he added. Abel also said that Sabroso purchases the water, treats it in a privately owned facility and spreads it on private land. This precludes declaring the pond and system a public utility. "Sabroso�s irrigation is an agricultural practice that is consistent with exclusive farm use designation," said Jim Jordahl, a consultant with CH2MHill, a Portland engineering firm hired by Sabroso to review the project. Neighbor Tim Farrell, who appealed the county�s earlier decision to LUBA, submitted 250 pages of records for consideration, including Medford waste water treatment plant documents regarding Sabroso. Sabroso had exceeded its industrial waste discharge permit for several years in Medford. It was under a compliance order to limit discharges to 400,000 gallons per day starting July 1, 2000. It can haul 100,000 gallons per day to the Colver Road site. "Sabroso�s description (of the facility as a farm) is gross mischaracterization," said Farrell. "Sabroso�s rinse water is industrial effluent that used to be treated in Medford�s sanitary system." Other neighbors also disputed Sabroso�s claim to be a farm. "In my view it�s not a farm use," said Hartley Road resident James Day. "They are finding another way to treat their water. The neighbors are paying the price." Attorney Abel contended that "the farm use test is very liberal, but that�s what we use." "The livability of the area has decreased exponentially by the amount of times they have turned their sprinklers on," said Jess Vandervender, 460 Hartley Road, referring to odor problems. Vandervender said three real estate agents had told him the value of his property dropped below his purchase price since the pond was built. "I object to the smell," said James Williams, 5037 Colver Road. "My kids can�t go out to play. I can�t work in my worm farm. I can�t sell my house. It stinks." "I can�t determine if this is a malodorous operation. There�s nothing in the county ordinance to address this," said Eads. He stressed several times during the hearing that he was only charged with determining if the operation was a permitted farm use and if it is a public facility. Reach Ashland bureau reporter Tony Boom at 482-4651, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.