Apology Needed

July 23, 2009

TO: Editor, McMinnville News-Register

Our County officials owe members of the Solid Waste Advisory Committee (SWAC) an apology.

Last week, Commissioner Kathy George, Solid Waste Coordinator Sherrie Mathison, and SWAC chair Joe Cook publicly commented on George Duvendack's laudable decision to withdraw from future participation in official discussions of alternatives to the expansion of Riverbend Landfill. Duvendack withdrew from SWAC's meetings with Zia Engineering, the consultant hired by the County to evaluate alternative ways to dispose of Yamhill County's garbage, after citizens and the County Planning Department pointed out the potential for a conflict of interest that might jeopardize the landfill's petition to rezone neighboring farmland to allow the landfill to expand.

The News-Register quoted Mathison and Cook as declaring that Mr. Duvendack had no [] conflict. Mathison and Cook also slammed SWAC members who are area residents for having "a vested interest, just as Duvendack does" (Mathison) and a "larger conflict than I would have" (Cook).

Actually, it appears that Duvendack has two conflicts: Because he manages the landfill, the SWAC-Zia recommendations will affect his "private pecuniary benefit or detriment" (the legal standard). Because Duvendack represents the landfill in the rezoning case, he will benefit if a SWAC-Zia recommendation favors expansion.

State law excuses Duvendack from the first conflict. The same statute also excuses the other SWAC members Mathison and Cook criticized--all but Cook himself. As a paid consultant for Waste Management, Riverbend's parent, Cook has an actual conflict and no statute to excuse him. Similarly, I believe no law excuses Duvendack from the rezoning case conflict.

Cook should obey the legal remedy for a public official's conflict of interest: publicly "announce" the conflict and "refrain from participation" in future SWAC-Zia discussions and any recommendations SWAC makes. And our County officials should read the law.

Susan Watkins

Editorial: Landfill advisory committee needs ongoing transparency

By NewsRegister.com

We think Yamhill County Solid Waste Advisory Committee member George Duvendack made the right decision when he recused himself from further discussions with Zia Engineering and Environmental Consultants regarding alternatives to the expansion of Riverbend Landfill. Duvendack is the manager of the landfill, which stands to profit greatly if the expansion is approved by Yamhill County commissioners.

Zia was hired by the county to perform the alternatives study after commissioners delayed their decision on the landfill expansion earlier this year. The consulting firm is expected to issue their report to the commission in October. SWAC is tasked with answering technical questions from the consultants and perhaps giving the commissioners an advisory opinion on certain aspects of the alternatives study.

From our perspective, there are plenty of potential conflicts for other SWAC members as well. Two members, Erin Rainey, who lives near the landfill, and Jennifer Redmond-Noble, oppose its expansion. Committee chair Joe Cook is chief financial officer for Western Oregon Waste, which also does business with the landfill.

The seven-member committee is appointed by the commissioners. No more than two members may hold waste disposal franchises from the county — Duvendack and Cook fill those positions. But clearly, the commissioners set the parameters of the study and will make the final decision.

One alternative to the landfill expansion is offered by Bend-based InEnTec, which has developed a gasification system that converts almost any type of biomass or waste material into clean energy and other usable products with minimal environmental impact. The system, called the Plasma Enhanced Melter or PEM, addresses the critical push for both the reduction of greenhouse gas emissions and a sustainable global energy future. It’s a system viewed favorably by both opponents to the expansion and Riverbend officials, although they argue about when and how it could be constructed in Yamhill County.

Riverbend claims, even though it’s entered into a joint venture with InEnTec, that development would require significant public investment and higher disposal fees. However, landfill opponent Ramsey McPhillips has written assurances from InEnTec’s founder Jeffrey Surma that the system could be paid for in full by InEnTec and could be up and running by 2014 when Riverbend’s contract expires.

County commissioners have a tough decision ahead. They’ll need to work hard to maintain transparency in their review, and potential approval, of findings from the Zia study.

Oregon’s Stahlbush Island Farms Launches First-of-Its-Kind Biogas Plant

Oregon Family Farm Producing Electricity from Fruits and Vegetable By-Product

CORVALLIS, Ore.--(BUSINESS WIRE)--Stahlbush Island Farms, a national leader in sustainable agriculture and food production, has begun full operations of the first-of-its-kind Biogas Plant in North America. The power plant will provide enough electricity for approximately 1,100 homes, nearly twice what the farm and food processing plant uses in a year. The 10 million dollar project took fourteen months to complete and is operated by Stahlbush Island Farms, Inc.

The cutting edge Biogas plant supports Stahlbush Island Farms’ goal of minimizing its carbon footprint and gaining energy independence through the creation of a renewable, on-farm energy source. A recent innovation in the United States, and most commonly associated with dairy operations, anaerobic digesters have been creating green energy in Europe for decades. This is the first plant in North America, built with state-of-the-art engineering and design techniques for the purpose of creating biogas from fruit and vegetable by-product.

The technology for creating biogas from organic matter is well-proven. Simply put, organic material, (in this case, fruit and vegetable matter) when placed in anaerobic conditions in large mixed tanks, produces biogas. The methane-rich biogas is used to fuel a combined heat and power (CHP) system (a process also known as "co-generation").

This method of energy conversion has very little energy loss and is thus highly efficient. Thermal energy and electrical energy are produced at the same time — an ideal situation for food production, which requires both.

The Energy Trust of Oregon, and the Oregon State and Federal governments provided incentives for the project. Without this financial assistance, the project would not have been possible.

About Stahlbush Island Farms

Located in the heart of Oregon's lush Willamette Valley, Stahlbush Island Farms is an environmentally-friendly farm and food processor committed to sustainable agriculture. The farm currently grows vegetables and fruits on nearly 5,000 acres of land and has practiced sustainable farming and food processing for nearly 25 years.

The company's dedication to cleaner, greener practices is evidenced through its protection of river areas, efficient water use, low tillage methods, and many other efforts to create a better food system. One hundred percent of the Farms are "certified sustainable" by the Food Alliance. There are 1,500 acres USDA Certified Organic by Oregon Tilth, a non-profit research and education organization certifying organic farmers, processors, retailers and handlers throughout Oregon.

For more information visit www.stahlbush.com/.

Riverbend manager asked to recuse himself from SWAC

Land use -- Opponents vow to take the issue to state ethics commission
By David Sale As county officials weigh the merits of expanding Riverbend Landfill, and conduct an alternatives study, a fight is brewing on the county's Solid Waste Advisory Committee. Expansion opponents have requested that George Duvendack, manager of the landfill and a member of the SWAC, recuse himself from consideration of the alternatives study. The seven-member committee is appointed by the Board of Commissioners, and no more than two may hold waste disposal franchises from the county. (Besides Duvendack, commission member Joe Cook, the supervisor of Western Oregon Waste, also qualifies). The ordinance establishing the committee further states that "no franchisee shall vote on any matter in which the franchisee has a direct financial interest." Consulting firm Zia Engineering and Environmental Consultants will not present its findings for approval until Oct. 2, so such a vote has not actually occurred. Nor will it, noted County Commissioner Leslie Lewis: "SWAC is not a voting body, but an advisory one, and there are also members of it who've expressed their opposition to the expansion. It's up to the Board of Commissioners to review and approve the findings of this study." In fact, Commissioner Mary Stern previously recused herself from the expansion issue citing a potential conflict of interest (her husband is a W.O.W. manager). However, SWAC members have been working closely with Zia engineers on the course and progress of the study, and to landfill neighbor and expansion opponent Ramsey McPhillips the situation presents the appearance of a conflict of interest. "Duvendack is knowledgeable on the issues," he said, "but I don't think he should have the opportunity to direct the study toward his company's ends." Fellow expansion opponent Kris Bledsoe, a member of Friends of Yamhill County and a past candidate for the Board of Commissioners, voiced similar objections in a July 3 letter to the editor in this newspaper. McPhillips argues that as landfill manager, Duvendack may find himself beholden to the interests of Riverbend's corporate owners, Waste Management Inc., in what McPhillips describes as "probably the most important decision of the current (SWAC) board's tenure." Duvendack declined to comment, referring the issue to Waste Management spokeswoman Jackie Lang. Lang had not responded to a request for comment by press time. Bledsoe and McPhillips said they had taken the matter up with the Board of Commissioners, who had "punted," in McPhillip's words. Lewis explained that the law does not provide her with the authority to intervene: "It's up to individuals to determine if they have a conflict of interest - or for those who feel there is one to make their case at the state level." McPhillips and Bledsoe have expressed their intent to do exactly that, by referring the dispute to the Oregon Government Ethics Commission, which has the authority to require public disclosure of economic conflict of interest, if necessary through warrants and subpoenas in an investigative process. Zia Engineering and Environmental Consultants, which previously helped Lincoln City update its solid waste master plan, is undertaking a cost comparison and feasibility study of alternatives to expanding the current landfill. The alternative study includes incineration, alternative energy generation and out-of-county waste shipment, and cost $45,000. Waste Management's contract with Yamhill County runs through 2014, after which time the company states it will need to expand onto 109 adjacent acres, for which it filed a zone change and exemption in March. The expansion was recommended for denial by the county planning commission after considerable opposition testimony.

Protecting the Integrity of the Process

Concerned Yamhill County citizens have called on George Duvendack, District Manager of the Riverbend Landfill, to recuse himself from voting on, or directing the activities of the consultant team, who have been hired at the request of Yamhill County Commissioners, to prepare a study of Solid Waste Alternatives for our county. This study was requested as part of the decision making process regarding the land use application to expand the existing landfill.

Mr. Duvendack serves, as an industry representative, on the Solid Waste Advisory Committee. SWAC is guiding the study. In this role the SWAC members will determine the criteria of the study.

Mr. Duvendack’s financial well-being and his future depend upon the continuation and expansion of Riverbend Landfill. This presents a direct conflict of interest and it is unethical for Mr. Duvendack to continue in a voting and recommending role on SWAC.

I spoke directly with Mr. Duvendack after the recent SWAC meeting and he believes he has a right to vote on the issues. In other counties, industry representatives are not given voting rights because of the inherent conflict of interest.

Commissioner Lewis would not allow comment regarding this issue at a recent County Commissioner meeting. She cited the County’s paramount desire to protect the integrity of the land-use hearing process. When asked what citizens should do if they have concerns about potential conflicts of interest, County In-house Council, John Gray, advised us to take it to the State Ethics Committee.

Matt Dunkle sits on the County Planning Board and recused himself because he has, at times, done work for Riverbend Landfill. Commissioner Stern recused herself from the land use hearing because her husband works in the garbage industry. I respect the integrity of these two individuals. Mr. Duvendack should follow their lead and do the same.

Kris Bledsoe

McMinnville

Landfill opponents advocate for gasification

Land use -- New system could reduce footprint, but Waste Management says that although they’re looking at it, technology unprovenBy David Sale

As Yamhill County government pursues a study of alternatives to expanding the footprint of Riverbend Landfill, neighbors are advocating for a new approach to waste disposal.
Known as "gasification," this developing technology burns waste at 20,000 degrees Fahrenheit, which breaks down all organic material in the waste and converts it to hydrogen and carbon monoxide.
Best of all, it's an alternative disposal technique that's already attracted the attention of Waste Management Inc., owners of the county landfill.
In March, Waste Management announced a joint venture with Bend-based InEnTec, whose founders adapted plasma incineration - a technology originally considered for disposal of radioactive waste from the Hanford Nuclear Reservation - to commercial use.
"It's pretty appealing," said Ramsey McPhillips, a leading opponent of the Riverbend expansion, who has been conducting his own research into alternative disposal methods.
Especially intriguing, McPhillips adds, is that the resulting hydrogen and carbon monoxide can be further processed into ethanol, methanol, even synthetic diesel fuel and gasoline, making the landfill a source of alternative energy, as Waste Management has announced plans to do by capturing methane emissions from the existing Riverbend landfill.
"It takes 30 to 50 years for garbage in a landfill to degrade to produce methane. Our process essentially does something equivalent in a matter of seconds," said InEnTec founder Jeff Surma in an interview with the Bend Bulletin newspaper. "We can capture the energy value in waste in seconds rather than years."
But while McPhillips and other opponents (many neighboring property owners) are hopeful that such technology could find a home in Yamhill County, Waste Management officials caution that such applications are still a ways off.
"We're in a joint venture (with InEnTec) to develop the technology - right now, it's been proven to handle specific types of waste streams, namely medical and commercial waste," said Wes Muir, Waste Management's director of corporate communications. "Residential waste requires a lot more processing and prep work before it can be gasified."
Residential waste, or "mixed solid waste" is made up of many types of organic and inorganic materials, as the name implies. Such waste would have to be sorted and likely ground to a uniform size prior to gasification.
Another issue, Muir said, is scalability. While gasifiers presently in operation can handle up to 25 tons a day, a mixed-waste operation would have to process at least 125 tons daily to be cost-effective.
While the waste stream coming into Riverbend is more than large enough, gasification would require multiple units and preprocessing equipment, representing an investment of at least $150 million, according to Riverbend spokeswoman Jackie Lang.
"It's one of those projects that's still in the early stages," she said. "A project of that size would require some form of public investment, higher disposal fees, and somehow have the authority to dictate the waste be sent to that facility in order to ensure its success." (Newberg Garbage and Western Oregon Waste are not so required by their present franchise agreements with the county.)
McPhillips, however, has received a letter of interest from Surma, indicating that InEnTech itself might fund the capital costs.
"Depending on the final project parameters," Surma wrote, "InEnTec would typically be willing to build (with available incentives), own and operate the facility itself, so your community would not necessarily be required to pay for the entire system." He added that the firm would expect to receive tipping fees similar to those presently charged to the county for disposal.
"Only when the county denies the expansion will InEnTec and Waste Management have incentive to do this," McPhillips said. "Waste Management may say InEnTec is not viable at this time... but reject the expansion and then ask the question of viability. (The equipment) is expensive, but InEnTec sees the opportunity to make money here as energy generators."
"This gives the county the opportunity to play hardball in negotiations and open up the discussion on rates and expansion," he added.
But while not giving it the green light, Muir refused to rule out gasification as an eventual possibility for Yamhill County.
"We've talked about it with county officials - it's just not ready yet," he said. "This is probably the most promising new technology out there."
For more information, including an instructional video, visit the company's Web site at www.inentec.com

GO TO TOP.