Chemical Waste Management of the Northwest, a subsidiary of Waste Management (“CWMNW” or “Applicant”) owns and operates an existing hazardous waste treatment, storage and disposal facility (“TSDF”) in Gilliam County (“County”). The TSDF operates pursuant to Subtitle C of the Federal Resource Conservation and Recovery Act (“RCRA”).
Unlike other facilities that accept more common residential, commercial, or industrial wastes, Subtitle C TSDFs are less common and only 18 such facilities exist around the country. Federal and state regulations encourage the expansion of Subtitle C TSDFs over the siting of new Subtitle C TSDFs. CWMNW’s existing facility has operated as a RCRA Subtitle C TSDF since 1976. CWMNW determined that more TSDF space is needed to accommodate both short-term and long-term waste projections.
While CWMNW’s existing properties, which were zoned General Industrial (M-G), could accommodate some of the anticipated waste volumes and treatment objectives, additional CWMNW property zoned Exclusive Farm Use (“EFU”) were needed. Under state law, an EFU zone can be used only for farm uses and specific non-farm uses specified in ORS Chapter 215. Although TSDFs for municipal and other wastes allowed under Subtitle D of RCRA can be permitted in an EFU zone, Subtitle C TSDFs are not allowed in an EFU zone. CWMNW’s TSDF expansion, therefore, required a rezoning of the EFU properties to the General Industrial zone. That rezoning, in turn, required an Exception to Statewide Planning Goal 3 (“Goal 3 Exception”) and a corresponding amendment to the County’s Comprehensive Plan Map (“Plan Map”). The purpose of this Application approved the Goal 3 Exception, the Plan Map amendment, and a zone change. Additionally, the Subtitle C TSDF use is a conditional use in the M-G zone, and this land use application also approved a request for a conditional use permit.
