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Sabroso pond will be subject of hearing By TONY BOOM PHOENIX � Whether Sabroso�s fruit wastewater holding pond and irrigation system on Colver Road is compatible with the land�s zoning will be discussed in a public hearing in April. Neighbors who have opposed the operation will be able to make their case before the county at the hearing. A firm date has not yet been set, but county planners expect it to be either April 2 or April 16. The state Land Use Board of Appeals ruled in November that Jackson County should have made public comment part of the approval process for the operation. Neighbors appealed the project to LUBA after the county ruled in May 2000, without holding a hearing, that the operation was compatible with the area�s exclusive farm use zoning. Sabroso Co. began using the pond in July 2000 after the state Department of Environmental Quality issued a permit for operation. The system sprays excess wastewater from the firm�s Medford fruit washing process onto 80 acres of hay fields. It includes a 2-acre, 3.7 million-gallon holding pond, aerators and spray irrigation. Sabroso attorneys Stoel Rives of Portland maintain the facility is a farm use because it is operated to gain a profit through crop production and that the use of rinse water for irrigation is an accepted practice. They also say the operation is not a utility facility necessary for public service, a determination that LUBA requested. "We are just starting at the beginning of the process," said Sabroso President Jim Root. "We have a good application that�s worthy of county consideration for issuing a LUCS (Land Use Compatibility Statement)." Root said one of the key strategies for the company is the ecologically sound reuse of water. Sabroso�s application notes that reuse of the water is a monetary benefit to the firm separate from profits of the hay crop. That the project serves another purpose is not relevant to the analysis when the parcel is farmed. Sabroso had exceeded its industrial waste discharge permit for several years in Medford at its fruit-washing site. Under a compliance schedule with the city, discharge was limited to 400,000 gallons per day beginning July 1, 2000. Sabroso�s DEQ permit allows them to discharge up to 100,000 gallons per day at the Colver Road site. Root said the firm either raises or purchases private fruit, purchases water and delivers the mix of private water with a little bit of fruit sugar to a private piece of property. "I don�t see any public facility connection there � it�s pretty much an entirely private type of operation," said Root. Neighbors have complained about odor from the facility. They also have expressed concerns about possible contamination of groundwater by the wastewater. A report by Portland engineering firm CH2M Hill says wastewater in the Sabroso pond is well within Environmental Protection Agency drinking water guidelines for nitrate-nitrogen, chloride, sulfate and hardness. Tests of neighboring drinking water wells showed higher concentrations of these elements. "The neighbors asked all along that they do this (hearing) process," said Tim Farrell, who appealed to LUBA. "My reading of these things is that OSU (Oregon State University) agriculture devised these systems and DEQ advocates these things. So it�s kind of an uphill battle for me." Farrell says he expects other neighbors to testify at the hearing. He said Sabroso had invited project neighbors to a meeting Monday evening to discuss the upcoming season. "That was kind of surprising," said Farrell. County Hearing Officer John Eads will conduct the session and render a decision, said County Planner Ali Turiel. She said the hearing could take one day, or might go longer. "Usually in most cases, you will have a decision within a month," said Turiel. "If it is determined that a county permit is needed, if it is shown as a necessary public facility, then they have to apply for a (planning) department administrative review," said Turiel. "(That) could require another hearing and is also subject to appeal. And of course the county won�t issue permits until those are resolved." "Once the county process goes through, then we can decide what to do," said Medford DEQ official Jon Gasik. He said the DEQ doesn�t expect to participate in the hearing unless asked to do so. 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.