Document text
0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Classifieds Jobs Autos Real Estate FEATURED » NEWS NOW Suit seeks to overturn Medford's pot ban ... Kids learn life lessons in preparation for auction at Jackson County Fair ... One dam at a time ... Suit seeks to overturn Medford's pot ban ... Kids learn life lessons in preparation for auction at Jackson County Fair ... One dam at a time ... TALENT Asphalt plant faces closure if it doesn't meet DEQ deadline Comment By Tony Boom for the Mail Tribune MailTribune.com By Tony Boom for the Mail Tribune Posted Jan. 22, 2015 at 5:33 PM By Tony Boom for the Mail Tribune Posted Jan. 22, 2015 at 5:33 PM » Social News Oregon Department of Environmental Quality officials will notify Mountain View Paving next week that its asphalt batch plant outside Talent must either get land-use approval, move to a new site or cease operation because it lacks a required land-use permit. Claudia Davis, DEQ western region air quality manager, said officials will provide a timeline for compliance with the requirements in a notification letter. Until Mountain View Paving’s owners have received the document, it would be inappropriate to comment on the timeline, she said. Rogue Advocates and nearby neighbors have contested the location of the plant, just east of Talent near Interstate 5 on Bear Creek, since 2011 through the land-use process. Several rulings have been rendered and appeals considered on the facility’s legality. In December, a Jackson County hearings officer ruled that the facility does not have land-use approval. “We’ve never had to deal with this before,” Davis said. DEQ issues permits that regulate air quality, but those permits also require that firms have appropriate land-use approval from local jurisdictions. Mountain View Paving attorneys had argued that while the use of the site does not conform to current zoning for the area, it was a grandfathered or pre-existing use because a concrete batch plant once operated there. “The two recent rulings from the individual hearings officers confirm they are no longer qualified for the grandfathered, nonconforming use status," said Steve Rouse, Rogue Advocates president. Hearings Officer Donald Rubenstein ruled in October that the firm needed to submit a new application to determine whether it is a lawful, nonconforming use. In order to operate past DEQ's deadline at the site, the firm would have to obtain one of four types of land-use approval that Jackson County could give, Davis said. That could include determination that it is a pre-existing, nonconforming use, is allowed outright by local ordinance, has received preliminary approval or is otherwise compliant with comprehensive plans or land-use regulations. Attorneys Dan O’Connor and Hilary Zamudio, who have represented the firm, were out of the office Wednesday. Attempts to contact them for comment were unsuccessful. Asphalt plant owner Paul Meyer did not return a call left on his cellphone. Jackson County Hearings Officer James R. Doyle, in a Dec. 30 ruling, fined the firm $2,400 for four violations, including establishment of a land use without an approved permit. But $2,000 of the fine will be forgiven if the company files for permits to correct the violations by Jan. 29. An attorney for the firm previously said applications would be filed. Jackson County had not received applications as of Wednesday, Development Services Director Kelly Madding said. Once a complete application is received on the land-use issue, the county has 120 days to give a ruling. Extensions can be granted to that timeline, said Madding. Previous rulings by the county and Oregon’s Land Use Board of Appeals on the use have been subject to appeals. DEQ inspected the plant on Sept. 12, 2013, in response to odor complaints from nearby residents. The facility was found to be in compliance with all air quality regulations, Davis said. The operation is classified as portable and could be moved elsewhere to an appropriate site. Continued operation of the plant past the compliance date without land-use approval would be investigated by the agency’s Office of Compliance and Enforcement, Davis said. A civil penalty assessment could be issued. 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. 22, 2015 at 5:33 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... Business Name address Location, ST | website.com Find Southern Oregon Attractions Bars Restaurants Beauty Salons Entertainment Doctors Medical Specialists Contractors Education Lawn Services Lawyers Shopping Travel Tanning Used Cars Wedding Services ▼ Add your business here + Events 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. Your privacy is important, read our privacy policy. © Copyright 2015 Local Media Group, Inc. All Rights Reserved. Privacy Policy | Terms of Service | Local Media Group Publications Original content available for non-commercial use under a Creative Commons license, except where noted. MailTribune.com | P.O. Box 1108, Medford, OR 97501