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MOUNTAIN VIEW PAVING Talent asphalt plant fined $35,000 County finds Mountain View Paving operated illegally Comment By Tony Boom for the Mail Tribune MailTribune.com By Tony Boom for the Mail Tribune Posted Jan. 21, 2016 at 3:45 PM Updated Jan 21, 2016 at 4:07 PM By Tony Boom for the Mail Tribune Posted Jan. 21, 2016 at 3:45 PM Updated Jan 21, 2016 at 4:07 PM » Social News TALENT — Mountain View Paving was fined $35,400 by Jackson County officials Thursday for operating its asphalt batch plant 27 days without land-use approval and for violating county floodplain and building codes. A hearings officer will consider the citation and fines at 9 a.m. Feb. 16, in the county auditorium, said Development Services Director Kelly Madding. “We believe we have evidence showing they operated for 27 days from Sept. 24 to Oct. 20,” said Madding. “(The hearings officer) has the responsibility to hear the case, make a ruling and assess a fine, if the owners are found guilty. He can reduce the amounts of the fines.” Mountain View Paving has battled environmental group Rogue Advocates and others over its right to operate at the site since 2011. Noise, dust and odor arising from the plant led to complaints from Talent residents. Much of the fight centered on whether the plant was a “grandfathered” operation, an argument ultimately denied by county and state authorities. Jackson County issued a citation Sept. 24, warning the firm against continued operations following a county ruling denying land-use approval. But a stay issued by Oregon’s Land Use Board of Appeals Oct. 20 meant the fines could not be imposed any longer until LUBA issued a ruling on Mountain View's appeal of the county's decision. Operation of the plant without land-use approval is subject to a maximum fine of $200 per day, for a total of $5,400. Other fines, at $10,000 each, included development in the floodplain without a floodplain permit, lack of a structural building permit for the firm’s office and lack of an electrical permit for the office. On Jan. 11, LUBA issued a ruling upholding the county’s decision, its fourth decision in the case. Asphalt production at the site apparently stopped Jan. 11. There was no activity at the plant Wednesday other than three people in the firm’s office. One of those, owner Paul Meyer, declined to comment to a reporter. A county code enforcement officer reported no activity Tuesday, said Madding. The officer said residents of Mountain View Estates across Bear Creek from the plant had not observed asphalt production since Jan. 11, she said. “There is no movement over there at all and there hasn’t been for the last couple weeks,” said Lois Schmidt, who lives in Mountain View Estates. “There’s nothing going on over there right now.” Oregon’s Department of Environmental Quality advised the firm in mid-October it would consider action if the plant operated past Oct. 31. But after the LUBA stay, DEQ said it wouldn’t proceed pending a final decision, at which time it would re-evaluate. LUBA issued its decision Jan. 11, a week ahead of the deadline for the determination. “Hopefully by early next week we’ll be able to know where we are headed,” said Claudia Davis, DEQ Western Region air quality manager. “We need to look at the document. I’ll be taking it to our Office of Enforcement to find out how to proceed.” Mountain View Paving attorneys Hillary Zamudio and Dan O’Connor declined to comment on the LUBA ruling. Zamudio filed the latest appeal with LUBA, and O’Connor has represented the firm the last four years. Tony Boom is a freelance writer living in Ashland. Reach him at [email protected]. By Tony Boom for the Mail Tribune MailTribune.com By Tony Boom for the Mail Tribune Posted Jan. 21, 2016 at 3:45 PM Updated Jan 21, 2016 at 4:07 PM » Comment or view comments Reader Reaction » 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. Southern Oregon Directory Featured Businesses Loading... 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