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2004-638-Minutes for Meeting March 22,2004 Recorded 4/2/2004COUNTY OFFICIAL TES NANCYUBLANKENSHIP, COUNTY CLERKDS yJ 20N-638 COMMISSIONERS' JOURNAL 04/0212004 03;31;39 PM IIILIIIIII 20-Ole DESCHUTES COUNTY CLERK CERTIFICATE PAGE 1 -4 This page must be included if document is re-recorded. Do Not remove from original document. Deschutes County Board of Commissioners 1130 NW Harriman St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, MARCH 22, 2004 Commissioners' Hearing Room - Administration Building — 1130 NW Harriman St., Bend Present were Commissioners Michael M. Daly, Tom De Wolf and Dennis R. Luke. Also present were Mike Maier, County Administrator; Susan Ross and Ted Schassberger, Commissioners' Office; Sue Brewster, Sheriff's Office; Gary Smith, Mental Health Department; Gary Judd and Dan Sherwin, Road Department; Tammy Credicott, Property Management; Timm Schimke, Solid Waste Department; Tom Anderson, Paul Blikstad, Damian Syrnyk and Catharine White, Community Development; Laurie Craghead, Legal Counsel; Chief Jim Court, La Pine Rural Fire Protection District; media representatives Barney Lerten of bend com and The Bugle, and Chris Barker of the Bulletin ; and eight other citizens. Chair Michael Daly opened the meeting at 10: 00 a.m. 1. Before the Board was Citizen Input. Commissioner Daly read a prepared statement regarding the proposed tire pyrolysis project (a copy of which is attached as Exhibit A.) DALY: Move that the County cancel any further effort to move forward to place this facility at the landfill. The motion died for lack of a second. The sign -in sheet for citizen input is attached as Exhibit B. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 1 of 28 Pages JO -ANN RAY: (Ms. Ray provided two documents for the record; they are attached as Exhibits C and D.) My name is Jo -Ann B. Ray, and I'm a resident of Bend, Oregon, and I've been working on research on the pyrolysis plant for the last month and a half, since February 14. First of all, I'd like to thank Mr. Daly for being so diligent and understanding of our concerns and the schools' concerns, because my first response to this was my neighbors said they were going to move, and that's reflected in "My Nickel's Worth" this morning by another citizen. And the other response was, oh, my goodness, as a teacher of thirty years I'm concerned about the 800 students and staff at that school. I just wanted to say that we have been doing fine research in the last month. We have spoken to every single person who would have any kind of credibility in the area of scrap tires. If this County wants to entertain doing anything with scrap tires, it probably should be crumbing them, and you can pick up a crumber pretty inexpensively, and just chop them up. Do that yourself and then sell them. The products that come out of this process are unsaleable, unmarketable, and it's unprofitable. Mr. Daly is absolutely correct. And I just wanted to go on record as a citizen group of at least fifty people who have been doing primary research in the United States and in England, where this company is supposedly getting their product. The thing that bothered me so much about IRR is that absolutely nothing is documented. They will not answer our questions correctly or succinctly, or with any kind of backup. Everything we have said has been documented, and you may call any of our sources anytime, including Mr. Blumenthal and Teresa B. Mills in Ohio. She's the director of the Buckeye Environmental Network, and she has been advising me the whole way, since probably February 16 when I called her personally. We've been on the telephone with Mr. Blumenthal personally, and he has just written us an e-mail which you will get today about the inadvisability of this process, both for economic reasons and other reasons. And I just received something today from Teresa Mills that talked about fugitive emissions, which no one in this County wants to talk about. Every piece of equipment that goes into the retort, every opening is a possibility for emissions. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 2 of 28 Pages I will also e-mail you a copy of Teresa Mill's report, which is why they were able to turn it back. They only want to test the stack; the methane or whatever gas comes out of the stack is not the problem. The problem is what happened with RMAC International in Troutdale in 1994, which resulted in a $1.3 million cleanup effort by the state. This County can ill afford that kind of cost, and when they leave, and they will leave because this is not profitable; they will leave us with a mess. And Mr. Schimke needs a building, but the building he will get will be so contaminated with char, which is not carbon, it is a carbon char that is contaminated with everything that goes into a tire. And tires today have many additives to make them better for use rather than having to recycle them every 30,000 miles. I go probably close to 60,000 on mine because I keep them inflated and rotate them, and that's what the suggestion is from the tire rubber manufacturers; to keep them on the road as long as possible, and then do something sensible with them after. ODOT is exploring at this moment the use of tire crumb in off -ramps from I-5 and other areas where we have like the parkway. This makes sense to me. I'm not against recycling at all. None of our people are. We're against this ridiculous idea that technology from the 1990's with human beings putting the tires in and vacuuming the char out, with no proof that it is going to be safe, is an absolute ridiculous thing for us to get into. I would urge both Mr. DeWolf and Mr. Luke to follow Mr. Daly's good sense and vote to stop this madness now. We don't need it. We need to explore. Another concern of mine is why in the world the Commissioners didn't explore all the possibilities for tire recycling if that's what they were looking for. You have the responsibility of this County. We are just citizens, and yet we have tons more information about this process than you do. That's really sad. I probably have better terminology than the people who were at the meeting, the IRR representatives, Mr. Buss and Mr. Schramke. When we asked them questions, they were talking about pure carbon coming out of this machine. It's not pure carbon. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 3 of 28 Pages They talk about the oil being heating oil. It's not heating oil. Heating oil has .5% sulfur. This oil has 1.2% at best, and 1.5% at worse. It has to be mixed with other oil to bring that sulfur content down. And I haven't done the math, but I remember chemistry class. You have to add a lot of good oil to the bad oil to make it decent oil. It doesn't make any sense. So, please, don't make a complete ridiculous mess out there. We live out there. We can't take it. The last point I would like to make is that when we had 12,000 tires on the premises from the free tire day in September and they stayed there, and there were photos taken by the media. They were there until March. When I went to Mr. Bramhall at the DEQ and said, if you don't want to look silly, you better go out there and tell Timm to get those cleaned up. West Nile virus is coming. It was on the front page of the paper yesterday. We've known about it since we started this research. Those tires were not ricked for fire prevention. There were no fire lanes. There was no tarping, so that they wouldn't collect any water and then be able to have mosquitoes breed in them. Nothing like that was done. Had Mr. Schimke had that done, and it is extremely labor intensive to stack 12,000 tires, it would cost the County a lot of money and manpower. If that had been done, we would have less cause to come to you. But because in the six months he had the tires, they were not stacked and ricked, they did not have the fire lanes, they were not in any way treated for prevention of mosquitoes, we could say, you know, maybe we can't do this. Maybe this is not possible with the manpower we have at the landfill, to keep that many tires. So, in conclusion, thank you, Mr. Daly, and I hope the rest of you will follow suit. Thank you very much. LUKE: I disagree with the statement that you probably have more information than we do. We've been working on this for a long time. I can't speak for the other two Commissioners, but you might want to do some research on the last time they used old tires to asphalt a road. It was on the Columbia Gorge, and the road caught on fire and the oil and fire moved towards the river. I'm sure that Chris or Barney could help you find those articles — Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 4 of 28 Pages RAY: (Unintelligible. Speaking out from the audience.) LUKE: Excuse me. Excuse me. Working with tires is probably one of the biggest problems that landfills have. There are millions of tires produced in this country, and if you want to see quite a few of them, you might want to go over to Crook County where they are stacked up and waiting for a fire to happen. That would foul the air more than anything we can ever think about doing. Thank you. DALY: Any other comments? DEWOLF: Sure, I'll jump in. I'm tired of being accused of being a baby killer, so I'll make a little comment here. What's been frustrating to me about this process is if, in fact, the proposal that was brought to us is true, and if we were to put this machine in and run the process and what came out of it was the same as what comes out a diesel engine of a pickup truck - that's what we were told - it would be the equivalent over the course of a year of four diesel pickup trucks driving 15,000 miles each for a year. If that's true, then this is a fantastic option to take — RAY: (Speaking from audience again) DEWOLF: Ma'am, I listened very respectfully and quietly to you as you spoke, and would certainly appreciate it if you were to do the same for those of us up here as well. That proposal makes absolute sense to me. If, in fact, it is not true, and if, in fact, what some of the folks have brought up is true and that what is coming out of this is very different - what is bothersome to me is that people who don't know me, don't take the time to know me, have not spoken to me, can draw a conclusion that I would make a decision that would harm our environment, the air near a school and residents. If it weren't so ridiculous, I'd be a lot more offended by it. Fortunately, I've got lots of friends who live out in the area near the landfill, and I have had very reasonable conversations with them. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 5 of 28 Pages It was embarrassing to me to hear what took place at the open house that IRR put on. I got an e-mail from an individual who will remain unnamed who said, "I will admit to being a NIMBY on this issue, and don't want this in my neighborhood. That said, I was really embarrassed and appalled at the way that my neighbors treated those people. They constantly interrupted them, they yelled at these folks, they were rude to them, they wouldn't let them answer questions, and it was just embarrassing to see Central Oregonians acting in such a way." So much of what I receive in telephone calls, letters, e-mails and stuff has been so emotional. So many of the actions and what is taking place has been so highly charged and highly emotional. I understand to a degree, but the rudeness is really, really disappointing. And I don't mind people taking positions that are in opposition to this. As I've stated before, we make a lot of decisions up here. This one, like I said before, if in fact this is the equivalent of four pickup trucks, the equivalent of the school buses that drive kids to the school, if in fact that's true, then this was a no-brainer. We do have a serious issue with tires all across this nation. What was done in 19941 from what I've been told, is that the technology now exists and was developed in Finland to actually make this into a marketable product. Five or ten years ago it was not a marketable product. I can argue the other side. If Finland has discovered a way to make this carbon black into a marketable product, why isn't this machine being set up in Finland right next door so that they can work together. Very good question. Les Schwab didn't want to do this five or ten years ago because it wasn't a marketable product. Why aren't they doing it at Les Schwab now when it is marketable? Very good question. All of these are good questions. Which is the reason that two weeks ago, I guess, I made a motion to put this on hold so that we could look at this further and get more answers to these questions. But I really resent the way that some members of our community have conducted themselves. You know, Mike (Daly), I don't mind you doing this, but what is offensive to me about it is that you have taken me to task for bringing issues up without any prior knowledge and demanding an immediate vote. Now you've just done what you've said you don't like me to do. Is this just because you are up for election and want to make some points with some folks? I don't know. But if you are going to want it one way, you ought to be consistent rather than putting Dennis and me on the spot like this. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 6 of 28 Pages We've got a process that's been set up. It's not going to surprise me to see this - the public opinion from folks who are very serious about their concerns - that it carries the day. And I live with that. I'm fine with that. But what I would appreciate is a much less highly charged, and a much more reasonable, "Let's all look at this together", which is why I made the motion that you and I supported, and Dennis didn't. I have a great deal of agreement with what Dennis said, because we've gone through this for the last two years. I was sure this was in the paper, but there's so much stuff in the paper, and apparently I was wrong. Sorry, I make mistakes sometimes. I don't know where this is going. It won't surprise me if DEQ changes thing, it won't surprise me if IRR pulls out. I'm not ready to do this right now because we set up a reasonable process, and I want to follow it through. I'm not saying one way or another here, but I think that this was unfair of you, Mike. But that's my personal opinion. So you guys have another story for tomorrow's paper or tonight's bend.com. So be it. DALY: Tom, I agree with you 100% that if this were a good thing, it would be great for the whole nation. But I thought about this over the weekend, and frankly if it's the best thing going in the world, all those neighbors out there are still not going to want it there. And I don't think we should try to force it on them. It's not a long-term benefit to the County, as it's a test thing that will only be there a year. DEWOLF: Well, the long-term benefit is if it is proven to work safely, the benefit would be wherever the permanent facility will be, Prineville or Akron, Ohio, more of these things get built as they prove profitable, and we have a way to actually deal with these tires. We don't know. DALY: I agree. The citizens of Deschutes County don't necessarily agree. It's been made very apparent to me, and that's all I can do. As far as me doing this for reelection, that's nuts. What I am trying to do here is following the rules. If there were so way that I could tell you and Dennis secretly what I was planning to do, that's an illegal meeting. The only way I know how to do it is in a public meeting. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 7 of 28 Pages DEWOLF: Then why can't I do that without you getting angry with me? What I'm saying is that is, here's what I would like us to consider, but rather than sit here and make a motion and expect us to immediately follow, that's what you've gotten upset about in the past, right? DALY: Only on one issue. DEWOLF: On several issues. LUKE: On one, which had to do with selling County property. DEWOLF: Bob Chandler, who has been gone for eight years now, one of the things he told me early on in my involvement in public is, "never take six postcards, either in favor or opposition, to be a flurry of either". By Ms. Ray's admission, she is talking about fifty people, in a county of 130,000. That's not a majority of people; it's the people who are the loudest. It's the squeaky wheel. And I don't mean any disrespect by that. Because if you are right, we shouldn't being doing this. I don't know that you are right. I've got people at DEQ saying you're dead wrong. So, I'm not an expert in this. And I don't know if you have a degree in engineering or science or anything, and don't know what your qualifications are, other than surfing the web. I do that all the time as well. In any case, if there's a group of fifty people that really wants something one way, they are passionate, and maybe they are right, maybe they are wrong, but I just don't think that we ought to change course from a process that we've set up that is controversial enough as it is. That's all. DALY: Do we have any more public comment? Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 8 of 28 Pages LYNN HAKALA: My name is Lynn Hakala, and this is the first time I've ever been to anything like this. I just want to be quick and say that I was very surprised. I wasn't at the meeting the other night and don't know exactly what happened. But all I can say is that I feel that maybe people were angry because I sort of feel like we were blindsided a little bit. I do live over on that side of town, my children go to the school, and just want to say that I guess if we had maybe known about things like this coming up, it maybe would not have made people so angry. And my concern, especially with the tires, the West Nile virus. Aside from everything else, that to me is a really big concern. We do have horses, and we are always outside. I just wanted you to understand and let you know that maybe the reason why people are so worked up is - I don't know. It came as a surprise to me. I know it came up as a surprise to the principal because I had mentioned it to him. DEWOLF: Just to let you know, like I said before. If I really believed that we were doing something dangerous, there is no way in the world I would do this. This seemed like such a no-brainer. In hindsight, obviously that was mistaken. In hindsight, we would have done things differently. We would have sent out notices, had a public meeting, like when we had the starling problem. We killed 40,000 birds out there, with the knowledge and input of the neighbors because it was a big deal. This as it turns out is a much bigger deal than I thought it was. We were not trying to hide anything from people. It was not trying to slip something in there that's going to harm your kids. That's insane. We would just never do that sort of thing. West Nile virus is something that kind of the media darling disease. People are really scared about it. Over the last two years I think there were maybe 600 or 700 deaths nationwide from West Nile virus. We have 30,000 people a year die from the common flu. But we've had the flu for a long time so we don't deal with that. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 9 of 28 Pages We were out last year contracting with the Four Rivers Vector Control District to study throughout the County where the particular things are. You've got people who even know the stripes on mosquitoes. We were testing this all over the place to see where the potential is for this to erupt if it does. We expected it to be here last year and it didn't arrive. We expect it to be here this year, but we don't know if it will arrive. But we are attentive to that. And Timm knows this, and I know that Timm to a degree is being vilified in this thing. He's a good guy who has built up a lot of good will with the neighbors. Right now we've got some good will that we need to build back up. My apologies to you and to the others for what I would call our innocent negligence. It wasn't done with any malice intended here. We really do care for the health and welfare of the people of the County. All of us, whether we agree or disagree on particular courses of action here. Our goal was to find a way to recycle these tires. If in fact you can turn this into oil and steel and rubber, all of which could be reused, without causing harm to the environment, it's perfect. That was our goal. LUKE: Also, on the West Nile virus, I know horses are very susceptible to that. Dan Peddycord, who is the director of our Health Department, can give you the information we have to date. As Commissioner DeWolf said, they actually found a few of the types of mosquitoes that are carriers in Redmond where they flood irrigate, and of course in some areas along the Deschutes. If you are really interested, get in touch with Dan, or check our website. We are continuing to work on that. The cities of Bend, Redmond and Sisters put some money in to help with this. We take it very seriously. Four Rivers is the only vector control that is licensed to spray. They are working on it, and we are working with them. If you want some more information on the tire project, get in touch with me later and I will send you the Department of Environmental Quality reports of the research on this. I'd be happy to share it with you. They've offered to share it with some other people who told them they didn't want the information. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 10 of 28 Pages DALY: Anyone else wish to speak? You have to talk from up here, not from the audience. JO -ANN RAY: First of all, to clarify, no, I'm not an engineer. I'm a school teacher with thirty years' experience, both in Los Angeles and in Oregon. And I have advisors. One of my advisors is a Ph.D. in chemical engineering with extensive experience in the oil and chemical industries. He's a neutral party, and I asked to review whatever we could get. Most of what we can get or should be able to get has been deemed secret by IRR and they won't release it. So we can't do any analysis. I would not be doing it. I don't presume to understand that. But I have been apprised by one who has extreme experience there, and another friend of mine who happens to have been an engineer in Silicon Valley, and was extremely concerned with safety and procedure in the chip manufacturing business. He reviewed the proposal that went to Prineville from the same company under a different name with the same principals in 1996 and 1997. That's where we kind of got our questions. So those were the two advisors. The other advisor is Teresa Mills in Ohio, and she introduced me to Michael Blumenthal who Mr. Schimke is extremely familiar with, because he is the spokesperson for scrap tires in the rubber industry. He is the senior technical advisor to the Rubber Manufacturers Association and has visited and been involved with workshops here. Mr. Schimke was actually the Chair of a meeting when this was first brought up in 1992, which is in the state records. So he was well aware of the possibility of getting information through Michael Blumenthal. I do not surf the web. I called Mr. Blumenthal. He sends me information and we've been on the phone several times. He just sent something this morning that I will e-mail to you. We have tried to keep you appraised as well. We are trying to go to the top. As a teacher, my reputation is, "Don't tell her anything, because if she doesn't agree with you, she'll go to the authority and find out". And that was from the prisoners at MacLaren. Because I would do that in front of my students, on the telephone to the authority and let the person talk to that person. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 11 of 28 Pages I'm not pretending to know everything. I just find out where to go. So I want to make that abundantly clear. If you want any of the information that I have, I'd be happy to make copies and get them to you, or e-mail them to you. So if you want to know anything about pyrolysis and I can't find out, we'll certainly ask Mr. Blumenthal or another authority who can give you the information from that perspective. I'm just the catalyst that brought all the people together. I, too, did not participate in the fray at their meeting. Their meeting was poorly set up. I talked to the p.r. company in Portland prior to the meeting and explained that we would have at least fifty people there. There were many more there than our group, including the Boy Scouts. I said it would be a lot better if they had a town hall meeting where there were microphones for them and a microphone for the audience, where one person could come up, just like this format here, and direct their question to the general group or to one or the other of the speakers. They did not do that. In fact, when the microphone was provided at the beginning of the meeting, one of the employees of the school came to me and said that they unplugged and hid the microphone, because they did not want to speak in front of everyone. My only encounter with them was when they called carbon char pure carbon., or carbon black, which is not true. And they made other misstatements, and I of course got very upset. And Mr. Schimke can tell you, most of the meeting I was speaking to him and Mr. Bramhall and Mr. Brewer of the DEQ, because I had some questions for Mr. Schimke about some pictures on the plot plan that troubled me. Mr. Schimke was able to answer my questions. I think that those of us at the top of this organization who are doing the research are rational, thinking people, trying to find answers to some very troubling questions. I have spent at least six or seven hours with Mr. Bramhall and Mr. Jennings, asking the questions. All they can say because of their limited purview is just to check emissions. They just want to check the stack. They have no overview of what else could happen. What about the char? Does it fly around? All of the questions that I've asked. And I've put them in writing and can get them to you. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 12 of 28 Pages Every one of them, Mr. Bramhall said, that's a very good question. We don't have the answers to that. Yes, that would be troublesome. We don't have the answers to that. Mr. Jennings, who is supposed to be our expert on air quality, saw the emissions records that we cannot get. Our engineer asked for these records on the 4th of March. It is now the 22nd, and he has not seen evidence of the emissions records, and he would be qualified to evaluate them. Mr. Jennings said he couldn't make heads or tails out of them, so he just didn't put them in the file. When I get answers like that, I start questioning a lot of things. Because this is an issue, as Mr. Daly pointed out, that is going to affect children, horses, the odors emitted and everything about our lives! DEWOLF: It may. You're speaking with such definitive assurance when, in fact, when I spoke to Mr. Jennings he gives me a very different tale of what he told you. He doesn't say that he didn't know anything so he left it out of the file. What you are saying and what he is saying are very different. I'm not in the same room with the two of you, ever. This is the first time I've ever met you. And, I don't know. I'm sure that you are a wonderful person and you believe fully in what you are saying. But you are drawing conclusions that I'm not there yet. LUKE: There is a public process that we are moving through. This has gone on quite a while today, and this is the second time you've spoken. We need to move on with our regular meeting. We're not making a decision on this today. If we move on with this, there will be a public hearing. There will be a land use application and also a DEQ hearing — RAY: We are well prepared for the DEQ hearing. That is only on the tires, and we have a suggestion for that. DEWOLF: But it won't be just on the tires. It will include a discussion of the whole pyrolysis process. LUKE: They are changing the format. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 13 of 28 Pages DEWOLF: It may be that the date gets changed on that one — RAY: It will have to be. They are under law to give a thirty -day notice to the public about what they are going to speak about. LUKE: They will follow the law — RAY: Of course. They are very reasonable people. I've had a very good relationship with them. Thank you for letting me speak again, and we'll be in touch. 2. Before the Board was a Discussion of the Presentation of a Medal of Honor to Deputy Michael Takagi for his Lifesaving Actions during the Davis Lake Fire. Commissioner Luke stated that an award like this one is very seldom awarded, and encouraged the media to attend the Wednesday Board meeting. This presentation is scheduled for Wednesday, March 24. 3. Before the Board was a Discussion and Consideration of Signature of Resolution No. 2004-023, Approving La Pine Rural Fire Protection District Ordinances regarding Burn Regulations. Jim Court, Fire Chief of the La Pine Rural Fire Protection District provided a handout of the District's Ordinances 2004-001 and 002 which address burn regulations. These were approved by their Board, and County Legal Counsel has drafted a resolution that would adopt the District's ordinances. He stated that the County's adoption of its resolution this will allow the District to levy fines against those who fail to comply with the Ordinance. However, this does not affect areas of the County that are unprotected by a District; those are the responsibility of the County. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 14 of 28 Pages Chief Court added that a burn ordinance has been in place for many years, but was no longer enforceable due to changes in the law. The La Pine area is an extreme fire hazard area, but there is still a lot of illegal burning. The District has only been able to give warnings for some time, and the citizens wish to put a stop to this illegal burning. The fine would be $75 per violation, which goes into the justice system. None of the fine goes towards the District, but they would have to deal with fewer instances of illegal burning. The District would also have the authority to charge the offender for costs related to the use of the District's manpower and equipment. DEWOLF: Move approval of Resolution No. 2004-023. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 4. Before the Board was a Discussion and Consideration of Signature of Document No. 2004-105, a Two-year Contract between Deschutes County and Consolidated Towing for Evidence, Road Department and Sheriffs Office Vehicle Tows. Sue Brewster and Rebecca Hallin gave an overview of the item. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 5. Before the Board was a Discussion and Consideration of Approval of Deschutes County's Mental Health 2005-07 Implementation Plan to be Submitted to the State Department of Human Services. Gary Smith explained that the Plan is a State requirement, in exchange for the 75% of the department's funding. He noted a couple of changes. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 15 of 28 Pages ■ Many people have been advocating moving the planning process up. The Plan is now due on April 1, which can affect the Governor's budget. Four plans have been merged into one, so that there is one planning process rather than one. Unfortunately, the Commission on Children & Families' Community Plan is not being considered in this overall plan, even though it should be a part of it. ■ The State has not asked for a needs assessment. This means budget information is not included; just what has been spent in the past. This may not reflect the real needs of the agencies. The State has asked for recommendations on how to change the system, and it is hoped that they consider the information in the proposals. At this time, funding for the department is unknown, and the status of the Oregon Health Plan is up in the air. The State Emergency Board may attempt to consider ways to salvage it. It could be months before the counties know where they stand budgetarily. LUKE: Move approval of the plan as submitted. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 6. Before the Board was a Discussion and Consideration of Signature of Order No. 2004-024, Declaring the Intent to Create Bull Bat Lane Local Improvement District. Gary Judd stated that this sets a date for the remonstrance hearing, and seven of the ten owners favor the creation of the District. DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 16 of 28 Pages 7. Before the Board was a Discussion and Consideration of Chair Signature of an Intent to Award Contract Letter for the Overlay of Powell Butte Highway. Gary Judd explained that the bid was lower than the estimate because asphalt prices are widely fluctuating and have recently gone down. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 8. Before the Board was a Discussion and Consideration of Chair Signature of Three Grants for Weed Control and Management Programs. Dan Sherwin provided a brief overview of the grants. DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 9. Before the Board was a Discussion and Consideration of Signature of Easements across County -owned Land, as Requested by Avion Water Company and Central Electric Cooperative. Tammy Credicott gave an overview and clarified where the easements would be located. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 17 of 28 Pages 10. Before the Board was a Discussion and Consideration of a Fee Reduction Request regarding Road Access Permits. Tom Anderson explained that this permit process was transferred from the Road Department to Community Development some years ago. Until recently it was not known if a permit was needed in all cases. This change would give a break to developers when they are constructing subdivisions that access public roads by providing a sliding scale for driveways, as this reduces staffing time for the County. They would still be required to have driveways staked out. If there are curb cuts in place, the inspector would just have to make sure they are reasonable and would not be required to make several visits to the site. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 11. Before the Board was a Discussion of a Public Hearing on Ordinance No. 2004-006, Regarding Changing a Garage Setback in the La Pine Neighborhood Planning Area. Damian Syrnyk explained the reasons for considering adoption of this Ordinance. There has been no opposition to date. This Public Hearing is scheduled for Wednesday, March 24. 12. Before the Board was a Discussion and Consideration of Whether to Hear an Appeal of the Hearings Officer's Decision Denying a Verification of a Nonconforming Use (Applicant/Property Owner: Hufnagel/Hirschberg). CATHY WHITE: Before the Board this morning is a request for an appeal, to be heard de novo. It's on the Hearings Officer's decision to deny an application for a non- conforming use for a second home built on a piece of property. A little bit of background is helpful to understand why they even applied for a non -conforming use verification. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 18 of 28 Pages LUKE: All the background is in here. You guys did an excellent job of putting this together. LAURIE CRAGHEAD: I wanted to point out that there was an addition; an affidavit attached to the appellant's notice of appeal that was not in the record previously, and you may not consider that under Code as part of your consideration for whether to hear this appeal. LUKE: They put a stick home where you're supposed to have a mobile on twenty acres to help with farming. They didn't follow through on their conditional use. That's very clear. In my estimation, I agree with the Hearings Officer. DALY: I have a concern. The guy put a stick house where he was supposed to put a mobile home, but it was inspected by all of our inspectors and was done all the way through, and was above board. I'm a little bit concerned that the County may have some problem here. LUKE: I disagree that it was above board. The general contractor knew that it was supposed to be a mobile. He went in and put a portable house in instead of a house. In 1985, there weren't a lot of houses being built. I think they've been very lucky that they've had a frame house they've been able to use since 1985. DALY: I don't know. I'm very uncomfortable. It seems to me that this has gone on long enough. Mobile home placement permits are a whole lot different than a building permit for a home. And I don't know what kind of permits they issued back then, but I know what they issue now. If it was a different type of permit or something that looked the same, I don't know. I'd like to hear it myself. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 19 of 28 Pages CRAGHEAD: It's an issue of whether it complies with the regulations for declaring a non- conforming use in terms of whether it was legally established at the time. As far as whether the County has any culpability in inspecting this and had the proof of that, it is not something that's necessarily determined when looking at the non -conforming use. It can be a part of the determination as to whether the County actually permitted it, but you'd also have to determine the nature and extent. This was approved for a farm worker's dwelling. Whether it was stick built or is a mobile home, it still wouldn't comply with Code. LUKE: It doesn't matter if it is a mobile or a frame house, if it's no longer being used for the hired person to work the phone. The conditional use is gone. We give conditional uses for people all of the time where you have senior citizens who can no longer run their farms, they need some help there, sometimes it is their children and sometimes it's not. They are allowed to put a temporary structure there; this was a temporary structure for the purpose of a farm hand. It doesn't say much in here about the size in comparison with the existing house. WHITE: I don't know if the size of the house is in the record. It would be easy to obtain. I do have some photographs that are a part of the record if the Board wants to see them. (She showed photos to the Board at this time.) DALY: It is easily determined, because if it was stick built there would have been plumbing inspections, wiring inspections and everything else. If it were a mobile home brought in and set on a foundation, you wouldn't have any of those. I've got a lot of questions. DEWOLF: I don't see in here the record of those inspections. Can we see to what extent Deschutes County was involved in those? Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 20 of 28 Pages WHITE: I believe the attorney for the applicant provided extensive records and information that is part of the record; the building permit, the septic permit, and mechanical permit. The building permit, for example, references portable house and the conditional use. There's an electrical permit, a mechanical permit application, and plumbing permit. DALY: Did the plumbing permit list what they actually inspected? Because a plumbing permit on a manufactured home would require you to inspect the water line from the well to the house. You wouldn't have a rough -in inspection and all that other stuff that goes with building a stick house. CRAGHEAD: For the record, staff is providing a copy of the plumbing permit for the Commissioners to review. DALY: From looking at the photos, that looks like a modular home brought in. LUKE: It may be, but that has nothing to do with the land use issue. The question is whether this dwelling is still being used for the purpose that it was placed. DEWOLF: Their purpose is not now for another ranch hand to help out. It is to be another residence. CRAGHEAD: Their claim is that the building permit issued by the County granted that type of use for this house because the County knew it was going to be a stick built house; and therefore it is a legal non -conforming use. DEWOLF: Is it clear by our records that this was to be an accessory dwelling? WHITE: Absolutely. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 21 of 28 Pages DEWOLF: Whether it is a mobile or — I understand that it is not on blocks; it is on a concrete foundation that was poured at that time. WHITE: The technicalities of the permits are better addressed by the building official. DEWOLF: Can we bring him here Wednesday? CRAGHEAD: Not if it's not in the record. In order to determine whether to hear this, you can only review what is in the record. DEWOLF: My concern is that if in fact in 1985 an applicant was under the assumption that what they were doing was getting a permanent conditional use of this property for a second residential dwelling, that's one thing. If they can show that in the record, then I think that Deschutes County is in a culpable position. However, if it is as clear as you state, Cathy, that there's no way anyone could read this without understanding that this was conditional upon having a ranch hand temporarily housed to help with the operation, then we have no issue. CRAGHEAD: I agree with the Hearings Officer's decision on that issue. DEWOLF: Then we've got no issue to hear. .�' IW._I Because of the conditional use permit application and approval, it was clear that it was for a farm hand, a farm accessory dwelling, as long as there was somebody in there helping with the farm. DEWOLF: Let's say that we don't hear this, so they can't tear it down. and build a new one. If there's not a reason for that person to be there to support the ranching operation, they'd still have to move it or tear it down because it is no longer meeting the condition of the approval. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 22 of 28 Pages CRAGHEAD: Correct. There might be another forum in the courts if there were some culpability of the County in the way the inspections were done. WHITE: There's nothing in the record that states that the current owners, the Hirschbergs, are farming the property in order to have a second home. DALY: Another question I have is that the house was built for a farm hand. What if someone else is staying there now? Are you going to make them tear down a twenty-year old house? WHITE: No. CRAGHEAD: I do not believe that we would do a Code enforcement on this, if it were still being use by a farm hand, because of the questionable nature of the permits and inspections. It is in the record that they want it to be non-farm related. They want their children to live in the house. They bought it because they thought there were actually two legal separate dwellings, not just for a farm hand. This house was built originally for the applicant, who was the son of the original owner and he was helping out with the farm. That's how it was originally built. It is my understanding that the Hirschbergs bought it and thought they were buying two separate homes and that the second one didn't have to be for a farm hand. The applicant has since sold it to the Hirschbergs. They are doing arbitration on this issue. DALY: The applicants basically have to try to make this legal for the new owners. CRAGHEAD: To complicate things, the original conditional use had a typo in it. It said that if it is no longer being use for a farm hand, it was supposed to say "shall be removed"; but in the document itself it said "shall be approved". Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 23 of 28 Pages In the context of the text, before getting to this, it is obvious that it was meant to be removed. This conflicts with the rest of the document. DALY: There are enough questions here. There are too many things going on here. Would they have to remove the dwelling if we upheld the Hearings Officer? CRAGHEAD: If there is no farm worker living in the dwelling. If you decide to hear it, you would have to decide whether to hear it on the record or de novo. DEWOLF: The farm worker could be their children. If we don't hear it, they can go to LUBA or circuit court. Further discussion on this issue is scheduled for Wednesday, March 24. 13. Before the Board was a Discussion and Consideration of Approval of the Deschutes County Sheriff Employees Association Union Contract. Mike Maier said that 90% of the members voted and overwhelmingly approved the contract. It is a three-year contract that is beneficial to both sides. Commissioner DeWolf added that everyone worked well together on this, and it was not necessary to go to arbitration. The details were worked out in good faith, and included a salary freeze. Everyone's eyes are on the real prize, which is passing the upcoming levy and working towards permanent funding down the road. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 14. Before the Board was a Discussion and Consideration of Signature of Resolution No. 2004-020, Transfer Appropriations within the Deschutes County General Fund — Assessor. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 24 of 28 Pages LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 15. Before the Board was a Discussion and Consideration of Signature of Resolution No. 2004-021, Increasing the Petty Cash Fund in the Adult Parole & Probation Department. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 16. Before the Board was a Discussion and Consideration of Signature of Resolution No. 2004-022, Authorizing a Limited Tax Pension Pool Bond, Series 2004. Mike Maier explained that this item would need to be approved this week; the County can opt out later if desired. The cost is $600 either way. There are potential savings of up to $1 million, but the bond market is a moving target. This will come before the Board in about a month for a final decision as to whether to proceed. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 17. Before the Board was a Discussion and Consideration of Chair Signature of an Oregon Liquor Control Commission License Application for "Time Out" in La Pine. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 25 of 28 Pages DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 18. ADDITIONS TO THE AGENDA A. Before the Board was a Discussion and Consideration of Chair Signature of an Intent to Award Bid Letter for the Justice Center/Courthouse Remodel Project. Susan Ross gave an overview of the bid award process, and pointed out that the bids were very close. The original budget was $2 million, but $300,000 had to be added when the Fire Marshall advised that a sprinkler system for both buildings would be required. Adding a contingency would take the total to $2.5 million, which is $250,000 more than originally planned. However, value engineering has not yet been done. The County projects fund can be used for the difference. She added that the Board needs to be aware that steel prices are rising sharply every month. LUKE: Move approval of the base bid of $2,220,000. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. B. Before the Board was a Discussion and Consideration of Chair Signature of an Intent to Award Bid Letter for the Road Department/Surveyor Department Remodel Project. Susan Ross stated that there were three proposal submitted, with P & P Construction being the apparent low bidder at $367,900. $330,000 was estimated for the project, and a 5% contingency should be added. This brings to the total to $386,000, which is over budget. LUKE: Move approval. DEWOLF: Second. Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 26 of 28 Pages VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. C. Before the Board was a Discussion and Consideration of Signature of a Letter Reappointing Kathleen Zahniser to the Board of Ponderosa Pines East Special Road District, through December 31, 2005; and Ed Brown through December 31, 2006 LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. Being no further items brought before the Board, Chair Daly adjourned the meeting at 11:45 a.m. DATED this 22nd Day of March 2004 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Dennis R. Luke, Commissioner Tom beWolf, Commissioner Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 27 of 28 Pages Attachments Exhibit A: Statement given by Commissioner Daly regarding the tire pyrolysis project (1 page) Exhibit B: Sign -in sheet for citizen input (1 page) Exhibit C: "Scrap the Pyrolysis" document dated May 27, 1998 — provided by Jo -Ann Ray (7 pages) Exhibit D: News report regarding recycling plant fire, off an Internet site — provided by Jo -Ann Ray (2 pages) Minutes of Board of Commissioners' Work Session Monday, March 22, 2004 Page 28 of 28 Pages Public Statement Tire pyrolysis Plant at the Deschutes County Landfill March 22, 2004 Commissioner Mike Daly I would like to enter a prepared statement into the public record regarding the proposed Tire Pyrolysis plant being considered at the Deschutes County Landfill. After much consideration and public input I have decided to vote against allowing the construction of the plant to proceed. The factor that influenced my decision most was the letter I received from the High Desert Middle School. In the letter they expressed deep concern about the potential of health risks to the students that attend the school due to the closeness of the plant to the school. I have also determined that there would be no long-term benefit to the County or it's citizens, since the project is being proposed as a one-year test project only. Therefore I would like to make this public statement and call for a vote amongst my fellow commissioners on this issue. I would move that we cancel any further effort to move forward to locate this Tire Pyrolysis plant at the Deschutes County Landfill. Thank you Mike Daly Chariman/Deschutes County Commissioners Exhibit Page ( of _� H H t ►E L ��y (� 13 , 0 N N r V L C� G � x LL c� D L d N O C o t a c � c o a � m -I r `� N C N =I � V i H y � G) Q p O c •E GGG O O V 'p, a m Im zi E hibit p ge f SCRAP TIRE PYROLYSIS: THEORY VERSUS REALITY Presented by Terry Gray, President T.A.G. Resource Recovery at The Heartland Regional Scrap Tire Management Conference Council Bluff, Iowa May 27, 1998 PERSPECTIVE As we awaken to our global resource limitations, we seek technologies that allow recovery and reuse of resources contained in materials previously considered to be "wastes". Such technologies become even more attractive if they have no counter -balancing detrimental impact on our environment. Some technologies appear to offer theoretical foundations for recycling possibilities that command extensive investment in development and implementation. The possibilities are so intriguing that we are reluctant to recognize practical flaws and accept the disappointment of reality when the technology fails to achieve its theoretical promise. Welcome to the world of scrap tire pyrolysis. The objective of this discussion is to provide a practical perspective by defining: (1) chemical challenges associated with reducing scrap tires to reusable components: (2) the breadth of historical technical and economic investment in development and commercialization of scrap tire pyrolysis technology; and (3) critical practical obstacles which must be overcome by any new technology variation before additional commercialization investment is warranted. CHEMICAL CHARACTERISTICS OF SCRAP TIRES The chemical characteristics of a waste material clearly impact its recyclability, especially if the objective is to recycle the material back into similar products. Tires may appear to be a uniform black mass, but a tire's chemical composition has undergone dramatic transformation to achieve today's safety, durability and performance characteristics. Exhibit C Page ! of -- Tires initially consisted primarily of natural rubber. However, a modern tire generally has at least four different synthetic elastomer types, multiple carbon blacks and many different performance additives designed to impart specific performance within each tire segment. There are even multiple variations within each elastomer type. For instance, at least 17 different styrene -butadiene copolymer variations are reportedly used in tires. The objective is to optimize performance advantages of components within each segment, while minimizing any inherent disadvantages. A simplistic representation of basic variability within a tire is illustrated in Exhibit 1. The composition of each tire component is dictated by its primary performance requirements. Even the specific types of reinforcing carbon black and other additives vary according to requirements of each segment. There are dramatic differences in carbon black specifications that Impact strength, wear, heat build- up, adhesion, flexibility and other critical performance parameters. A representative average passenger tire composition is provided in Exhibit 2. The evolution of this complex tire structure has allowed dramatic improvement in tire life. The tire companies are continuing to enhance product life without impairing critical performance characteristics like roadway adhesion, safety and speed tolerance. The highest conservation objective is extended product life. It is counter-productive to reduce product life or safety through the addition of inferior materials produced from implementation of subordinated recycling technologies and objectives. PYROLYSIS PROCESS DEFINITION AND PRODUCTS Pyrolysis is, by definition, thermal decomposition of organic compounds in an oxygen -limited environment. Pyrolysis of waste tires typically generates gas, oil, and char products. The quantity and quality of each product depend upon many process variables including temperature, pressure and residence time. Twenty to thirty-five percent of a tire's energy content is typically converted into a combustible gas which is used to fuel the process or is combusted in a flare prior to release. Thirty-five to fifty percent is transformed into an oil product that varies in quality from saleable fuel of to lower -value blend stock. The residual solid - phase product {referred to as char) constitutes 25-40 percent and contains a mixture of the following materials: 1. multiple carbon blacks contained in various tire sections; 2. titanium dioxide from white sidewalls; 3. zinc oxide dispersed uniformly within tires as a vulcanization accelerator; 4. steel from bead and radial reinforcement wire. 2 Exhibit Page P-- of -7 HISTORICAL EXPERIENCE Pyrolysis is not a new process. Over the past twenty-five years, many processes, equipment and operating variations have been applied to scrap tires. A U.S. Department of Energy publication entitled "Scrap Tires: A Resource and Technology Evaluation of Tire Pyrolysis and Other Selected Alternate Technologies" identified 31 pyrolysis projects utilizing fluidized beds, travailing grate chambers, rotary kilns, retorts, molten salt and hot oil baths, plasma units and microwave chambers as reactors. Various operating conditions have been extensively explored to optimize production and quality of product streams. In spite of this extensive developmental effort, no commercial -scale pyrolysis systems currently operate continuously in North America. Extensive technical and economic resources (an estimated S150 million) have been invested in projects developed by major companies such as Goodyear/Tosco (The Oil Shale Co.), Firestone, Occidental, Uniroyal, Nippon and Foster -Wheeler. In addition, many pilot or "demonstration" projects have been developed by smaller companies and entrepreneurs. On major project developed by Foster -Wheeler in England (Tyrolysis) failed technically and economically after expenditures exceeding $30 million. Major reasons for project failure have included the following: (1) Operating Problems: Utilizing complex equipment at high temperatures with an abrasive feedstock is generally maintenance -intensive. Downtime andmaintenance expenses have often been under -estimated in projections. (2) Safety: Operating in an oxygen -limited, high-temperature environment creates inherent vulnerability to fires or explosions resulting from accidental air infiltration. Such accidents have destroyed or damaged numerous facilities, including complete destruction of the $6 million Intenco operation in Texas. (3) Feed Availability and Processing: The scale required for economic feasibility can require more tires than are available within a reasonable service area at projected net tipping fees. In addition, capital and operating costs associated with shredding or feed preparation have often been under -estimated. (4) Product Quality: It is difficult to optimize quality and yields of three inter- related product streams (gas, oil, and char) since conditions favoring one oftenhave a negative impact on another. Due to the mixture of carbon blacks andother constituents, the char has historically only been suitable for low valueapplications with limited market volumes, even when further processed tocontrol size uniformity and iron content. K, Exhibit C_ Page3 of -1 (5) Environmental Impact: Tires contain about 1.2 percept sulphur and 0.7 percent zinc, by weight. These inorganic materials are not destroyed in thermal operations, so they are present in one or more of the products as established by a mass balance for specific operating conditions. In addition, partially decomposed hydrocarbons may not be fully removed from the exhaust gas stream by condensation or combustion. These points must be reflected inappropriate emissions control and product quality/value assessments. If the char product is not marketable, it may require disposal as a hazardous waste in some jurisdictions. (6) Economics: The economic feasibility of pyrolysis is dependent upon many operating factors such as system reliability, capital and labor costs, process, feedstock preparation expense, environmental control requirements and product revenue. Historical operations have not been economically sustainable at reasonable tipping fees without development of high-value {greater than $0.15 per pound} markets capable of absorbing total char volumes. The materials recovery appeal and economic viability of this process is totally dependent upon high-value application of the carbon black content of the char stream. Unless this objective is accomplished, pyrolysis simply becomes a capital -intensive process for conversion of a solid fuel into a low-grade liquid fuel, while wasting up to 70% of its initial energy content. M Exhibit C Page q_ of '— CURRENT PRACTICE There are at least ten companies promoting pyrolysis systems within North America. None of these technologies have been practiced on a commercial scale for an adequate period of time to fully demonstrate long-term operating economics and product (especially char) marketability. Some of these companies indicate inclusion of refinements that reportedly overcome historical obstacles. One variation is the refinement of the oil stream into high value specialty chemical products. The product gas from the reactor is cooled in a heat exchanger, thereby condensing a broad range of partially decomposed chemical compounds to form an "oil" suitable for use primarily as a low -value blendstock. High capital cost and sophisticated control of multiple condensers or fractionation equipment required to produce and refine multiple liquid products is economically questionable for these relatively small oil volumes The volume dependence of refining operations is dramatic. The oil generated by a large pyrolysis system using 2,000,000 tires/year would represent less than 1 % of minimal refinery throughput. Other proponents identify multiple processing steps intended to improve size uniformity of the char product. However, the pyrolytic char does not retain the structural reinforcing properties of virgin carbon blacks used in tires and other performance applications. Size control will not restore these critical properties. Aigh ash/metals content and residual organics further limit potential markets. -Historical experience dictates that actual markets should be specifically defined and supported by contractual commitments capable of withstanding appropriate "due diligence" investigation prior to any further investment in "commercial" pyrolysis technologies. SUMMARY AND RECOMMENDATIONS Tire pyrolysis facilities have not been able to demonstrate and sustain economic viability historically without contractual commitments for all char products. Many pyrolysis facilities have failed during the past 15 years, generally leaving a public liability for abatement of accumulated tires as well as remediation of residual oil and char contamination. Financial assurance covering alternative disposal costs for maximum stored quantities of tires and char can be one appropriate method of protecting public interests. Critical questions regarding product quality, markets, maintenance expense and economics of scale must be answered before this technology can be considered to be a proven alternative for disposal of scrap tires. Exhibit C Page S— of EXHIBIT I TIRE COMPOSITES COMPONENT REQUIREMENTS ELASTOMER REINFORCEMENT TREAD CAP TRACTION MIN SBR,BR,NR N` 10, 220,330,347, WEAR sic TREAD BASE S-i"ABILITY,LOW NR,BR N300,550 HEAT BUILDUP SIDEWALL WEATHERING EPDM, XIIR, Ti02,,N550,660 PLY ADHESION NR SBR. LINER IMPERMEABLE- XIIR, NR N660,CLAY STABILITY m. Exhibit Page of -7 EXHIBIT 2 AVERAGE PASSENGER TIRE COMPOSITION COMPONENT WT % SYNTHETIC ELASTOMERS 27 NATURAL RUBBEER 14 EXTENDER OIL 10 OTHER PETROCEIEMICALS 4 ORGANIC FABRIC 4 CARBON BLACK 28 SUBTOTAL -ORGANIC 87 STEEL WIRE 10 INORGANIC (S, Zit, Ti02) 3 SUBTOTAL -INORGANIC 13 TOTAL 100 7 Exhibit C Page -7 of _ 7 Bend -La Pine Public Schools March 4, 2004 520 NW Wall Street Bend, Oregon 97701-2699 (541) 383-6000 Don Bramhall Department of Environmental Quality 2146 NE 4`h Bend, Oregon Re: Proposed Permit Modification for Knott Landfill Dear Mr. Bramhall, These comments are related to Deschutes County's proposal to amend the solid waste disposal site permit for Knott Landfill to authorize the temporary storage of a maximum 12,000 passenger car and light truck tires. The Bend -La Pine School District understands that these tires will be used as the raw material source for a one-year demonstration operation of a tire pyrolysis machine. The school district requests consideration of the following comments. Safety of students and staff at High Desert Middle School is the number one priority of the school district. We cannot emphasize enough, our concern in this regard. Based on data submitted by the applicant, there appears to be little risk from airborne pollutants. However, our review of pertinent research does not reveal definitive data to reinforce this conclusion. This lack of data causes concern regarding the safety of occupants of High Desert Middle School. In addition to potential chemical pollutants, the school district is concerned regarding public health issues related to storage of additional tires on site. In particular, potential breeding of mosquitoes and other disease -carrying insects may negatively impact the safety and health of occupants of High Desert Middle School. Also, with this significant number of tires on site, the potential for a tire fire exists and this could significantly impact High Desert Middle School. The school district is surprised and disappointed at the lack of communication from Deschutes County. The school district became aware of this project through the local media and concerned citizens. It seems that a project of this scope and potential impact would warrant initial communication with the School District prior to any required permitting processes. Exhibit rP Page Z of 3 Building Usage 383-6062/Business Office 383-6040/Communications 383-6004/Curriculum 383-6021Mutrition Services 383-6090 Human Resources 383-6010/Special Programs 383-6051/Superintendent & Assistant Superintendent 383-6000 Maintenance 383-6060/Purchasing 383-6110/Transportation 383-6100/La Pine Transportation 536-3222 Bend -La Pine Public Schools March 9, 2004 520 NW Wall Street Bend, Oregon 97701-2699 (541) 383-6000 Deschutes County Commission Office 1130 NW Harriman Bend, Oregon 97701 Dear County Commissioners, Attached is a copy of the letter sent to the Department of Environmental Quality regarding the school district's concerns with the proposed tire pyrolysis process. Please give serious consideration to our concerns during your deliberations. D J� M. Nelson, Ed.D. ,ndent Pine Public Schools attachment Exhibit Page / of _ 3 [MAR 1 1 2004 BOARD OF COMMISSIONERS ADMINISTRATION Building Usage 383-6062/Business Office 383-6040/Communications 383-6004/Curriculum 383-6021/Nutrition Services 383-6090 Human Resources 383-6010/Special Programs 383-6051/Superintendent & Assistant Superintendent 383-6000 Maintenance 383-6060/Purchasing 383-6110/Transportation 383-6100/La Pine Transportation 536-3222 Thank you for providing the opportunity for input. If you have any questions regarding our concerns please do not hesitate to contact me. Sinc e , hn M. Rexf Assistant Superintendent -Operations c: Doug Nelson, BLSD Superintendent School Board Brian Lauchlan, Principal, High Desert Middle School Exhibit /D Page - -3_ of 3 1 dies, 2 hurt in Plainfield explosion Recycling plant blast leaves one worker burned over 85% of his body. 08/03/99 By TRACY JORDAN and JOE NIXON Of The Morning Call An explosion in an underground oil tank at a tire recycling facility in Plainfield Township Monday killed a 42 -year-old New Jersey man and burned two of his coworkers from a Newark, N.J., company hired to empty the tank. Joseph Vincent Jr. of Garfield was working underground with a torch in a concrete enclosure between the manhole cover and tank, according to investigators. The blast propelled him over a 30-foothigh building and about 130 feet away from the tank opening, said Northampton County Coroner Zachary Lysek. The accident happened at 3 p.m., more than 100 yards from the entrance to the facility, which is located in the fenced -in property of J.H Beers Construction Inc. on Male Road behind the Kmart and Giant Supermarket in the Wind Gap Plaza. A quick burst of flames shot through the tank opening and burned Vincent's co-workers, who were standing above him near the manhole, police said. "Apparently they were fixing a problem with an underground storage tank," said Wind Gap patrolman Troy A. Dailey. "They ignited a torch that caused an explosion in the tank." An unidentified man received burns over 85 percent of his body, and he was flown by helicopter to Lehigh Valley Hospital, Salisbury Township. The other victim reportedly had less severe injuries and was taken by ambulance to St. Luke's Hospital, Fountain Hill. Their identities were not released. All three men worked for Active Tank and Environmental Services, a Newark, N.J., company specializing in the cleaning, testing, installation, removal and emptying of underground storage tanks. Tirenergy Corp., a Philadelaphia company seeking a $600,000 state grant to begin recycling one million tires stockpiled on the Beers property, hired Active to remove the oil from the tank, according to investigators. A byproduct of tire recycling that is similar to No. 2 oil had been stored in the tank, investigators said. State Department of Environmental Protection spokesman Mark Carmon said Tirenergy had started a pilot project at the Plainfield facility eight months to a year ago. The company shreds old tires, then subjects them to pressure and heat to extract oil, he said. However, Carmon said the company had not processed any tires since Thursday. Because of the blast, Carmon said DEP has ordered the tank removed from the ground so it can be inspected for any defects or damage. "We want to check the integrity of the tank," he said. Carmon said a building 10 to 15 feet from the blast site was not damaged. He described the blast as "more like a flash." A representative from Active arrived around 5 p.m. and Tirenergy officials were on site during the explosion, but no one from either company issued a statement to reporters waiting outside the front gate. Emergency officials said Tirenergy indicated it was going to issue a written statement, but none was made Monday night. "The company [Tirenergy] has been very cooperative with us," Carmon said. Exhibit C_ Page J of 2� Emergency crews from Plainfield Township, Wind Gap, Pen Argyl, Lehigh County Hazardous Materials Response Team and Northampton County Emergency Management responded in addition to DEP. Federal Occupational Safety and Health Administration officers also were summoned. Lysek held a short news conference outside the facility with Northampton County Emergency Management Coordinator Nick Tylenda and the township's emergency management coordinator, John Bryant, and first assistant fire chief, Joe Hart. Lysek said he pronounced Vincent dead at the scene and an autopsy is planned. The 10,000 -gallon -tank contained 4,400 gallons, and officials said the Active employees had emptied about half the contents before the accident. Officials said they don't know if oil was being pumped at the time of explosion. "Somehow they had an ignition," Bryant said. "That's what we're still trying to determine." Firefighters sprayed a foam capable of dousing a fuel fire immediately upon arriving, but it was a precautionary measure since flames did not persist after the explosion, Bryant said. "It doesn't appear as if there was a fire at all," Hart added. "It's just a manhole." Tylenda and Carmon said the incident did no harm to the environment. A small amount of oil, just several gallons, was on the ground near the blast site. "We don't feel at this time there is any hazard to the public," Bryant said. "It was an industrial accident." [hints [feedback [search our archives [home [top] [site in © 1999 THE MORNING CALL Inc. Exhibit 6 Page of