Document text
74 °F Forecast | Road Cams Tuesday, September 28, 2004 Today's News | Classifieds | Autos | Homes | Jobs | Tempo | Health | Community | Home Delivery SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics Tempo AP News Weather Classified Archives Site Map SPECIAL SECTIONS Since We Asked Outdoor Journal How To Guide Wellness Connection Readers' Choice Real Estate Showcase Joy Magazine Homelife Magazine Wedding Guide Rogue Valley's Finest EXTRA Newspaper in Education Personals Movie Times TV Times E The People MARKETPLACE Find a Car Find a Home Find a Job Classifieds Place an ad eSouthernOregon Automotive Communities Entertainment Publications Recreation Calendar CUSTOMER SERVICE Frequent Questions Advertising Information Home Delivery Employment Contact Us Media Kit Network Affiliate Oregon Road Conditions & Cams Email Story to a Friend September 7, 2004 Central Point investigates buried stumps, may levy fines By BUFFY POLLOCK for the Mail Tribune CENTRAL POINT — Local developers accused of creating an illegal dump site beneath a new housing development could be cited and fined by the city for code violations. White Oak Property Investment LLC and Bill’s Backhoe already have been fined $37,260 by the Department of Environmental Quality for creating an illegal waste disposal site. The stumps were buried in 2001 in a 500-foot-long trench under the White Oak Estates subdivision off Hamrick Road. City code enforcement officer Ron Barnett said two city municipal codes had been violated: "accumulation of junk" and "creating a nuisance," which carry a maximum penalty of $250 per day per offense. The buried debris was discovered by SJL Construction owner Don Bestul, who in January purchased 13 lots from former property owner Don Grove of White Oak Property. The DEQ alleges that Grove instructed Bill Reagan of Bill’s Backhoe to bury the trees despite being told by the DEQ to properly dispose of the stumps. The trench was in a buffer zone between new homes and an industrial area along Table Rock Road. Advertisement The buffer has since been eliminated to make room for larger houses. Grove and Reagan were fined $27,260 for the amount of estimated economic gain by not properly disposing of the stumps and $10,000 for the violation, the maximum one-day penalty. By some accounts, the violation took place beginning in 2000, but an exact time line is difficult to determine because much of the site was cleaned by SJL this year. Reagan also did partial cleanup in recent weeks. Barnett said the city would consider citing those involved to establish that it did not approve of what happened. He said a review of the city subdivision ordinances would help to avoid a recurrence. "It does upset people that someone would do this," said Barnett. "If it were an accident that would be one thing, but when or if you know not to do something and do it anyway, that makes it a little worse," Barnett said. "We’re going to hear all sides of the story." Grove’s attorney, Dick Stark of Medford, who previously stated that his client had caused no "intentional violation," declined to comment this week. Speaking out on the case for the first time, Reagan said he was eager for all sides of the story to be told. "Bill’s Backhoe did not intentionally bury any stumps knowing there would ever be any houses built over them," said Reagan, adding that his business reputation "speaks for itself." "I hope that the real story, the truth, does come out. At this point I’m limited by my attorney. This is all just a big mess from what was a misunderstanding." Bestul, who stood by his claim that Grove told him nothing had been buried on the lots when he purchased them, said he was not persuaded by claims of innocence by Reagan or Grove’s attorney. "I feel like the city didn’t do enough to begin with and I know that (homeowners) feel the same way. The city left all of us to dangle in the breeze," Bestul said. Community Development Director Tom Humphrey said Barnett had been in contact with those involved and was gathering information. "There’s not much new to tell at this point," Humphrey said. "We will do as we have been directed by City Council, which doesn’t mean we will fine anyone necessarily or that we won’t." Humphrey also said it was yet to be determined whether Grove, Reagan or even Bestul would be deemed responsible for the buried debris. He added, "It could be everyone bears part of the responsibility." Buffy Pollock is a free-lance writer living in Medford.E-mail her at [email protected]. Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2004 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback ADVERTISERS A D V E R T I S E R S SPECIAL SECTIONS Auto Finder Job Finder Home Finder Joy Magazine Homelife Magazine Tempo Readers' Choice Real Estate Showcase Since We Asked Outdoor Journal Moving to Southern Oregon? Volunteer Opportunities