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Dear friends,
Now that summer weather has settled in (better late than never), I hope you are finding time to enjoy the outdoors. For some folks in the Cottage Grove area, that's proving difficult. Several constituents have contacted me about the awful smell coming from the Hendricks' Farm biosolids site. I have requested a report from the Department of Environmental Quality (DEQ), and I have also scheduled a meeting with DEQ's director to discuss the issue during "legislative days" coming up in September. Below in this e-Bulletin I have included information provided to me by DEQ. I encourage those of you living within the affected area to review it and send me your comments.
Recently, Governor Kitzhaber appointed me as a member of the Commission on Public Safety. As stated in the Governor's executive order, these are the parameters of the Commission: The Commission is charged with collecting, reviewing, and evaluating arrest, conviction, sentencing and recidivism data in order to develop recommendations for comprehensive sentencing reform for consideration by the Legislature and the people of Oregon. In addition, the Commission is to collect, review and evaluate data related to the costs of Oregon's current sentencing policy. We will focus on four core outcomes: the safety of our citizens in their homes and communities, accountability for criminal offenses, an efficient system that controls costs, and a system that is also smart and fair. Any concepts developed must put the safety of our citizens as the top priority and also ensure that individuals who commit crimes are held accountable. At the same time, we must focus on building a smart and efficient system that maximizes our public safety dollars in light of the current economic environment. Since the last comprehensive review of sentencing policy in 1989, our sentencing structure has been developed by separate legislative actions and ballot measure. These two processes have created policies that are independent, and in some cases, inconsistent with each other and with little uniformity between the two. Meetings of the Commission are open to the public. I invite your input.
Below you will find information on:
- National Recognition for Oregon's Economy
- Help for Local Small Businesses
- The "Stink" in Cottage Grove: Information from DEQ
- Caylee's Law in Oregon
- South Lane School District Awarded $30,000 CLASS Project Grant
- Veneta Receives $1.5 Million Building Grant
- Homebrew Competition Returns to the State Fair
- Scam Alert: Sweepstakes Scam
I hope this information is helpful and informative for you or someone you know. As always, feel free to share your comments, questions or concerns with me by phone, mail or e-mail.
National Recognition for Oregon's Economy
A corporate-funded study by Ernst & Young, an accounting firm, says that Oregon has the fifth lowest "total effective business tax rate" in the country. The ranking, which takes into account the tax increases put in place by Measures 66 and 67, says that the total state and local taxes paid by Oregon businesses amounted to 3.8 percent of Oregon's private sector economy in fiscal year 2010. Businesses in only four other states — Connecticut, Delaware, Maryland and North Carolina – contributed a lower share in state and local taxes relative to the size of the state's private sector economy, according to the study. The study was funded by corporations, including major Oregon employers such as Nike, Intel, Hewlett-Packard, US Bank and Xerox. For more information, visit www.ocpp.org/2011/08/11/corporate-funded-study-says-oregon-has-nations-fif/.
Another report ranks Oregon No. 1 nationally for manufacturing. Recently, the American Institute for Economic Research has named Oregon as a top spot for manufacturing businesses. The Massachusetts-based institute released a report concluding that many Western and Northeastern states are preferable for manufacturing, despite their higher wages and the conventional wisdom that Southern and Midwestern states are cheapest. The study concluded that Oregon was tops when measured by production costs per dollar of output rather than just by costs, such as labor, tax and energy expenses. In addition, a recent Brookings Institute study found that Oregon has the second-largest share of "clean economy" jobs in the nation. More information can be found, here (scroll down). These accolades are on top of Forbes Magazine's earlier ranking Oregon as the sixth best state for business.
Help for Local Small Businesses
On August 16, Governor Kitzhaber announced that the state had been awarded a significant grant from the federal government to offer loans to Oregon small businesses. In this tight credit market, it can be difficult for even prosperous businesses to get access to capital in order to grow and expand their workforce. The Oregon State Small Business Credit Initiative (SSBCI), will help create new private sector jobs and spur more than $165 million in additional small-businesses lending in Oregon.
Along with the SSBCI, the Legislature has approved other programs that help small businesses expand during these tough times, including the Access to Business Capital Act, which the Legislature reauthorized during the recently completed session. Businesses that want to find out if they can apply for these types of lower-interest loans can visit the following web site for a list of capital access and other resources for businesses: www.oregon4biz.com/Business-financing-resources/.
Additionally, regional Business Development Officers can help local small businesses find out what programs and resources may best suit their needs as they plan for growth and expansion. You can find their contact information, here: www.oregon4biz.com/map.php.
The "Stink" in Cottage Grove – Information from DEQ
The city of Cottage Grove has been applying biosolids to area lands since 2003. Biosolids cannot be applied in wet winter weather, so the city stores the biosolids over the winter months until land application is possible. For Cottage Grove, once the soil is dry enough, it is delivered to the Hendricks' Farm site. It generally takes a week or two to apply the stored biosolids. This is when the odor problems are most likely to occur.
Odors are a natural result of bacteria, fungi, and other microorganisms at work breaking down organic residuals in biosolids. The nature and intensity of odors will vary based on the material coming into a waste-water treatment plant, the treatment processes and solids handling practices.
It is DEQ’s assessment that Cottage Grove’s odor issue is largely attributable to the city’s treatment process and subsequent biosolids storage. During treatment, aerobic microorganisms break down and transform the raw sewage sludge; during storage, anaerobic microorganisms begin their work of further breaking down the biosolids and produce the gasses responsible for foul odors.
While DEQ does not have any evidence to indicate that the city is operating in violation of their permit requirements or that their practices are creating a threat to public health, surface water, or groundwater, the odor problem is nevertheless something that must be addressed. DEQ is working with the city to identify short-term and long-term solutions to the odors so that this problem does not recur in the future. To address odors produced this year, DEQ has asked the city to till the solids into the soil and add lime to reduce odors. DEQ is also discussing additional potential solutions with the city, such as finding a new land application site. Long-term solutions could include changes to the solids treatment process and handling procedures.
A one-page DEQ fact sheet that provides general background information on its biosolids program and how biosolids application is regulated in Oregon can be found at www.deq.state.or.us/wq/pubs/factsheets/biosolids/05wq002biosolids.pdf.
Frequent questions & answers about the stink:
1. What specific substances and tolerances does DEQ require the city to test for? Does DEQ do any testing? Is there anything that might slip through that testing, such as heavy metals, or hospital/infectious/biohazard waste? Is the water tested, as well?
OAR 340-050-0035(2) requires biosolids to be tested for the following: All the pollutants identified in federal regulations (40 CFR 503.13(b)(3) Table 1), which include the following heavy metals: arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc. Metal monitoring is required to prevent impacts to soils. Metal concentrations in Cottage Grove biosolids are substantially below federal requirements.
The following parameters that are required by Oregon administrative rule: Total Kjeldahl Nitrogen (TKN), Nitrate Nitrogen, Ammonium Nitrogen, Total Phosphorus, Potassium, pH, Total Solids, and Volatile Solids. Monitoring for these parameters is required to determine the appropriate biosolids application rates and prevent nutrient impacts to groundwater.
To demonstrate pathogen reduction has occurred, the city analyzes for fecal coliforms, which are used as a surrogate for other pathogenic organisms. Pathogen reduction is required to protect the public from possible pathogens in land-applied biosolids. Cottage Grove biosolids meet the federal pathogen reduction requirements for Class B biosolids.
Additional testing for volatile solids occurs to demonstrate compliance with federal requirements for vector attraction reduction.
DEQ is not aware of any surface water or groundwater testing that has occurred. Use of this biosolids land application site requires a 200-foot setback from the river to prevent a discharge of biosolids to the river. The setback was verified by DEQ during a site visit on Wednesday, August 3, 2011. OAR 340-050-0070 includes specific site management criteria to protect groundwater, including a 200-foot setback from any wells as well as a 4-foot minimum separation distance to permanent groundwater.
DEQ does not do any independent testing on biosolids.
2. Has the city confirmed to DEQ that they are looking for a new site?
Cottage Grove is evaluating options, including changes to their biosolids treatment processes, to reduce odors in their biosolids. DEQ has been in discussion with the city on finding a new land application site. DEQ has assisted the city in this process by identifying potential areas that would be appropriate for biosolids land application and provided that information to the city.
3. How long does the process of certifying a new site usually take?
Generally, the process of authorizing a new site take six to eight weeks once the city has identified an appropriate site.
Caylee's Law in Oregon
I received hundreds of e-mails from constituents asking to have "Caylee's Law," making it a crime not to report a child's disappearance, drafted for Oregon. Sharing their concern, I recognize the need to find solutions that could help prevent similar tragedies in the future.
I directed the senior counsel for the Judiciary Committees to research Oregon laws in order to determine whether we have legal gaps similar to those in Florida. The co-chairs of the House Judiciary Committee have agreed with me to include this issue in our interim work plan. If we determine that new legislation is necessary, I expect it will be prepared for next year's short session in February.
South Lane School District Awarded $30,000 CLASS Project Grant
The Chalkboard Project awarded a CLASS grant of $30,000 to South Lane School District to support teachers and administrators in designing new approaches to career pathways, evaluation, professional development and compensation. The goal is to ensure that every educator in the district has the support and tools to do their best work. Simultaneously, the creation and funding of the "School District Collaboration Fund" by SB 252 (2011) is helping to effect locally designed, teacher-driven changes that improve student learning.
Veneta Receives $1.5 Million Building Grant
The city of Veneta has received notice of a $1.5 million award from the Infrastructure Finance Authority (Oregon Business Development Department). The funds will be used to build a new 7,200-square-foot senior center and food pantry in the new downtown business district. This new facility will replace the 40-year-old Garcia Center that is currently located within the Veneta Elementary School compound.
Homebrew Competition Returns to the State Fair
After being absent in 2010, the Oregon State Fair Homebrew Competition returned this year. The Department of Justice had ruled that an 80-year-old Prohibition-era law barred consumption and transportation of homemade alcoholic beverages outside the home. This led to cancellation of homebrewing and winemaking competitions at local festivals across Oregon, including the State Fair’s Competition of 22 years. Senate Bill 444, which I introduced, passed unanimously during the 2011 session to once again allow home brewing competitions and to clarify that homebrewers and winemakers can share and transport their products outside their homes. More information about the State Fair Competition can be found at www.oregonstatefair.org/fair/homebrew-competition.
Scam Alert: Sweepstakes Scam
The Attorney General is warning Oregonians to not respond to unsolicited "sweepstakes" phone calls. There have been reports of suspicious callers who notify consumers that they have won a sweepstakes and then instruct them to purchase a prepaid credit card to cover "taxes" or "fees" associated with collecting their cash prize.
One Marion County resident was contacted on his cell phone by a con artist who asked him to purchase three $1,000 Green Dot MoneyPak credit cards. In order to collect his sweepstakes prize, the man was told he must call an Idaho number and read the serial numbers off the back of the cards. Fortunately, he smelled a rat and called authorities instead.
Bogus sweepstakes and lottery offers are among the most common types of scams run by crooks who seek to rip off Oregon consumers. These operations are often run by perpetrators located outside the U.S., making it very difficult for law enforcement agencies to track them down. In 2010 the Department of Justice received 1,054 complaints about international money schemes, with $1,999,323 in reported losses – more than double the $707,783 reportedly lost in 2009.
The Attorney General offers the following advice to consumers when it comes to unsolicited telephone calls, mail or e-mail about a sweepstakes or lottery:
- Never pay to play in a sweepstakes.
- Never pay money to claim a prize.
- Don't give out your prepaid credit card to someone you don't know.
- Participating in a foreign lottery is illegal. They often have ties to organized crime.
- Beware of fake organizations that go by names similar to better-known groups.
- Government agencies do not sponsor sweepstakes.
- Beware of requests about your income, credit card ownership or bank accounts.
- Do not participate in sweepstakes that resemble a check, bill or invoice.
- Destroy fake sweepstakes or lottery offers by shredding or deleting them.
The Oregon Department of Justice Consumer Hotline, 1-877-877-9392, is a free resource for all Oregonians with consumer-related questions, concerns or complaints. If you or someone you know has fallen victim to a sweepstakes or lottery scam, please contact the Consumer Hotline for assistance.
Governor Kitzhaber signs HB 3280, the "wineries bill." Attending the signing ceremony (left to right): Ed King, Sen. Floyd Prozanski, Jodee King, Rep. Paul Holvey, Christel Allen, Sam Tannahill and Michael Reeder.
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Capitol phone: 503-986-1704