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TALENT Asphalt plant sued in federal court By Tony Boom for the Mail Tribune MailTribune.com By Tony Boom for the Mail Tribune Posted Oct. 5, 2015 @ 12:01 am By Tony Boom for the Mail Tribune Posted Oct. 5, 2015 @ 12:01 am » Social News p bs:newslist StartDate="20121121" EndDate="p bs:datecalc Months="3"" DateSort="1" UseObjects="1" ObjectClass="81" Taxonomywords="2325,665" ExactTaxonomyMatch="1" Image="1" Count="4" --> Permanent shutdown of Mountain View Paving’s asphalt plant in Talent and fines of up to $3,750 per day for violations of the federal Clean Air Act are being sought in a suit filed Wednesday in Medford’s U.S. District Court. The complaint seeks an injunction to halt the plant's operations. The suit, filed by Rogue Advocates, comes on the heels of a Sept. 24 Jackson County ruling that denies a land-use application for the plant’s operation. Oregon Department of Environmental Quality’s air quality permit for the plant requires that it have approval. “I’m disappointed that after losing the land-use application that Mountain View Paving has not stopped operations,” said Rogue Advocates President Steve Rouse. He’s also frustrated with what he believes is a lack of county and DEQ action. “We have communicated with both DEQ and the county, and we haven’t heard back that they are going to initiate any activity in the near future,” said Rouse. “They sent email replies back. They are both considering options.” Rogue Advocates and residents of Talent have fought the plant’s operation since 2011 through the land-use process and in courts. Mountain View Paving has filed several applications to gain approval as a grandfathered use, but county Hearings Officer Donald Rubenstein’s Sept. 24 ruling overturned a preliminary county approval. District Court has jurisdiction in the matter because neither DEQ nor the federal Environmental Protection Agency has commenced or diligently prosecuted the case, wrote lawyer Maura Fahey, of Portland, who represents Rogue Advocates. Civil action against Mountain View Paving for past and continuing violations under the federal Clean Air Act and DEQ’s permit process is allowed, Fahey said. Up to $3,750 per violation per day may be assessed as a fine under the act. Smoke, dust and fumes degrade neighbors' use and enjoyment of their property, the suit claims. The plant also poses a risk of fire and explosion to nearby Mountain View Estates, it states. The suit also notes that the plant does not have a floodplain development permit. County Development Services Director Kelly Madding said Monday the firm has been warned it will be cited if it continues to operate for the next 50 days. By that time, the plant could be fined $10,000, or $200 per day. Intensive staff work precludes citing on a daily basis, said Madding. After the citation is issued, a hearing would be held shortly thereafter to determine whether a violation has occurred before fines could be levied. “It’s our typical process,” Madding said Friday. “Everyone is afforded that due process when we issue a citation.” DEQ had issued a warning in January requiring a halt to operations in March, but canceled that when the county issued its preliminary approval. “We have met with the county. We are still in the process of determining what our next steps are,” said Claudia Davis, western region air quality manager for DEQ. Plant owner Paul Meyer declined to comment on the suit, the latest ruling or the possibility of its appeal to Oregon’s Land Use Board of Appeals when contacted Friday. Lawyer Dan O’Connor, who has represented Meyer’s firm, was out of the office Friday. Mountain View Paving could relocate, said Rouse. “We are aware of a location that is permanent where they could move and continue operation, but that is their choice,” said Rouse. “They are well aware of it.” Tony Boom is an Ashland freelance writer. Reach him at [email protected]. By Tony Boom for the Mail Tribune MailTribune.com By Tony Boom for the Mail Tribune Posted Oct. 5, 2015 @ 12:01 am » Comment or view comments Terms of Service /* $( document ).ready(function() { // Jquery mobile is trying to style the button and leaving a blank gry button on top of a white button $("#viafouracoms .vf-comment-controls li.vf-right").html(' Submit '); });*/ » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Mobile Site Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. 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