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HomeMy WebLinkAbout2024-09-16 Troy Allen (2) Troy and Debbie Atlen 8353 S. Bryker Ln. Meridian, ID 83642 September 15, 2024 Honorable City Council Members Meridian City Meridian, ID Re: Timber Creek Recycling Hearing, September 17, 2024 Dear Council Members, This letter is a request for Meridian City Council to vote "NO" on the proposed expansion of Timber Creek Recycling and all other requests for additional allowances from Timber Creek Recycling(TCR). This operation is an industrial operation within a"tow density residential"zone and is surrounded by residential zoning. All of us who live around Timber Creek have endured the intense foul odors, dust, machinery noise and truck traffic coming from that facility since it was approved. The management of Timber Creek Recycling has proven, over the past six years(or so),that they cannot be trusted to operate within any boundaries or limitations.The main product that is being accepted that is beyond the allowance of the Development Agreement is the"WAS"(Waste Activated Sludge). This is NOT food waste. This product is the main source of the terrible stench. "WAS"has been defined by the Department of Environmental Quality as"the excess biomass from the wastewater treatment process, along with the chemically precipitated phosphorus and polymer added so that the water can be removed in the belt press,"and "is most definiteIl industrial waste:' (See attached email.)TCR is calling this food waste in order to falt within Development Agreement guidelines. This is NOT food waste.This is just another example of a disregard for rules or guidelines. When the original proposal was made, Mike Murgoitio, claimed that the primary purpose for the recycling material was to provide for"no till"farming and that the product would be used on the land he farmed. These statements were quickly disproven as the ground that he previously farmed began being developed for subdivisions shortly after Timber Creeks'approval from Meridian City Council. He claimed that he would only be accepting natural composting type products. It appears that the operation is accepting and grinding concrete and asphalt. These are not compostable materials. He stated that"if managed correctly, it would not smell bad" but it does! Mr. Murgoitio has shown a disregard for his neighbors at every level.To top it off, there are piles of various materials that can be 25 feet tall. The berms that are supposed to provide some shield from and make the operation less obnoxious, are narrow rows of something, covered in woodchips, about 6 feet tall with sapling poplar trees planted on top (most of the poplar trees died last year, so they had to start over with new plants again this year). None of this does anything to make the operation look more appealing, nor does it contain the dust or stench. In addition,when questioned about the number of trucks going in and out,there is reluctance to provide that information. The maximum allowed is 56 per day. Each truck is weighed as they enter and exit. They have those records. Why the secrecy on the total unless they are once again, exceeding the limits and going beyond the boundaries of the agreement? It has become clear that management"goes through the motions"of protocol without actually operating within the boundaries of allowable activities. Therefore, any expansion of their operation will only serve to give a wider scope of operation beyond any set"boundaries:' We, the surrounding neighbors, have been told to voice our concerns. However, when we call DEQ,they say they can't do anything. When we call Code Enforcement,they say they can't do anything. When we call Central District Health they try to help, but the most they can do is issue a sanction or citation (which they have). There is no mechanism to keep this operation within any boundaries. The City of Meridian's"Vision"and "Values"statements include the statement that"We will do the right thing for our community and each other." This operation should never have been approved within a residential area in the first place. We have lived here since 1994, and many others have also been here long before TCR began. Several have sold their property and moved because of TCR. WE SHOULD NOT HAVE TO DO THAT! Zoning is supposed to mean something! When the initial development agreement was proposed,the project was presented with a recommendation from the Meridian City committee to deny it. The council completely ignored the recommendation and the Local residents and approved TCR.After the City Council meeting,where it was approved, my wife and I happened to exit the building at the same time as then mayor,Tammy deWeerd, and she looked at us and said, "I cannot believe they passed that!"! We, as citizens, have been held hostage by the actions of the council's decision to approve this operation. We have had to live with the dust, intense odor, machine noise and truck traffic from Timber Creek Recyclingfor yea rs. It is time to work toward reve rs i ng that detrimental decision by voting"NO"on the proposed expansion and"NO"to all other requests for additional allowances. Sincerely Troy and Debbie Allen 916/24, 11:42 AM RE:Timber Creek Recycling Enforcement-Lori Badigian-Outlook RE:Timber Creek Recycling Enforcement Valerie Greear <Valerie.Greear@deq.idaho.gov> Mon 7.' 11202.3 3:31 PM ToVatthew Beeter<Matthew.Beeter@deq.idaho,gav> Cc Rebecca Blankenau <Rebecca.iilankenau@deq.idaho.gov>;Beth Bahem<I3eth.Bahem@deq.idaho.gov> j 2 attachments(444 KB) I G97-03-Sorrento LaClaiis-CA-091 tl3 PQ Appendix N-WSMP.tr5;20 Z0327_123a32_e.Jp9: It is most definitely industrial waste.it's not even from the food production process,it's from the wastewater treatment process.It is WAS= waste activated sludge. The WAS is the excess biomass from the wastewater treatment Process.along with the chemically precipitated phosphorus and polymer added so that the water can be removed in the belt press.It is a biological product,suitable as a soil amendment and has even been fed to cattle,but it is waste from an industrial process. When we first found out that they were hauling it to TCR,Kevin and I looked at the OP and thought that the WAS fit the description of"dairy waste by-products that pass a paint filter test".The rmteriai hauled from f_actalis is not cheese whey.They specifically remove the whey as a product.(They do have a byproduct that is called'whey CIP'and another called'cheese de-sludgings',neither of which go to TCR that I am aware of,and both of those are more a liquid.) We regulate WAS under IDAPA 58.01.16.650, In the Reuse Permit we require that they put together a Waste Solids Management Plan that defines all handling,sampling,and ultimate disposal/use of the sludge or other solid.I've attached a link to the WSMP in their PO.It's outdated,because they afaviousiy no longer manage it themselves,but it has a lot of information about what it is and what's in it.As stated in the plan,the WAS has been registered in the past with ISDA as a Soil Amendment and it has nutrient/fertilizer value. I've attached a picture of it from when they took it somewhere else temporarily a year or so ago.No scale,but each pile is a truckload.The shape is from the addition of p6ymer.It's gelatinous. Here is the flow diagram of their wastewater treatment plant.The flow diagram is a little outdated t think,but it's essentially this still.The Mack truck is what heads to TCR. about:blank?windowfd=SecondaryReadingPanel 115 9/6124, 11:42 AM RE:'Timber Creek Recycling Enforcement-Lori Eladigian-Outlook ----- —* r nsys, tl1 iTT';�w :irw:4F4;i Ett PlL Valerie Greear,PEG Water quality Engineering Manager Idaho nepartment of Environmental quality,Boise Regional Office lc)208 373 0459(m)208-805-0041 From:Matthew Beeter<Matthew.Beeter@deq.idaho.gov> Sent:Monday,July 31,2023 12:37 PM To;Valerie Greear<Valerie.Greear@deq.idaho.gov> Cc:Rebecca Blankenau<Rebecca.Blankenau @deq.idaho.gov>;Beth Bahem<Beth.Bahem@deq.idaho.gov> Subject:FW:Timber Creek Recycling Enforcement Valerie, COH,oEgand City of Meridian are working together on the Meridian Timber Creek site and Meridian is considering initiating an enforcement action.On a call with them I indicated that I believe the WAS is more properly categorized as an"industrial waste"rather than a"food waste" as it results from an industrial food production process,producing an industrial de-watered sludge.Is this correct?The development agreement between TC and Meridian does not allow acceptance and composting of industrial waste,only food waste,so this could bean important distinction.Are you aware of any relevant definitions in Sorento's permits or plans,relevant regulations,or references to"food waste"versus"industrial waste"? From:Emily Kane<ekane meridiancity_org> Sent:Friday,July 28,2023 4.45 PM To:Lori Badigian<LBadigian cdh.idaho.gov>;Todd Koehler<tkoehler@meridiancity.org> Cc:Mike Reno<MReno cdh.idaho.gav>,Matthew Beeter<Matthew.Beeterodeq.idaho.gov> Subject:RE:Timber Creek Recycling Enforcement_ ;.wUf T6-1Q:This email originated outstde the state of Idaho network.Verify links and attachments BEFORE you click or open,even if you recognize and/or j ;trust the sender.Contact your agency service desk with an MemS. J Hi,Lori,Mike,and Matt.Thank you so much for meeting with me and Todd this morning.I'm sorry I had to leave so abruptly at the end. I wanted to summarize our respective next steps. For the City's part,Todd will call Mike on Tuesday and let him know that he is Initiating a nuisance investigation.The outer boundary of the City's approval of the recycling facility's activities under the QA will be concomitant with the CDH Operation Plan and Odor Management Plan, and noncompliance with those plans will serve as grounds for a nuisance.Emily will file a Public records request with DEQ.for the plans. about:blank?windowld=5econdaryReadingPane1 7J5 916124. 11:42 AM RE:Timber Creek Recycling Enforcement-Lori Badigian-Outlook OEQ's next steps with Timber Creek are related to approval of the Nampa facility,as discussed.Matt is going to talk to the Air Quality division of QEQ and see if they can suggest some resources to help us understand whether WAS derived from cheese waste is legally considered food waste or industrial waste. CDH's next steps are to check Timber Creek's daily logs and other required documentation in November,as discussed and as outlined in Lori's May 8 letter to Timber Creek. We had talked about setting up a meeting with Mike to talk about the whole picture.Lori or Matt,did you want to set that up? Thanks again for your time and the excellent information.We really appreciate the opportunity to collaborate on this.Have a great weekend! Emily Emily Kane I Deputy City Attorney City of Meridian ] City Attorney's Office 33 E.Broadway Ave.,Meridian,Idaho 83642 Phone:208-898-5506 n - Built far Business,Designed for Living Al!e-mail messages sent to or received by Cry of Meridian e-mail accounts ore subject to Idaho law with regard to both reievse and retention,and may be released upon request,unless exempt from disclosure by law From:Emily Kane Sent:Wednesday,July 26,2023 11:00 AM To:'Lori Badigian'<LBadigian cdh.idaho.gav>;Todd Koehler<tkoehlerfa7me rid iancityorg> Cc:Mike Reno<Mfteno cdh.idaho.gov>;Matthew,Beeter@,de idaho.gov Subject:RE:[External EmaiiJRE:].External Email]RE;Timber Creek Recycling Enforcement Sounds good;I'll re-book it.Matt,let me know if another time would work better for you.Otherwise,I will see you all at 9:00 a.m,on Friday. Thank you for your flexibility. Emily Kane) Deputy City Attomey City of Meridian ] City Attorney's Office 33 E.Broadway Ave.,Meridian,Idaho 83642 Phone:208-898-5506 Built for Business,Designed for Living All e-marl messages sent to or received by city of Meridian e-mail accounts are subject to trlaho low with regard to both release and retention,and maybe refeosed upon request,unless exempt from disclosure by low From:Lori Badigian<LBadigian cdh.idaho.gov> Sent:Wednesday,July 26,2023 9:34 AM To:Emily Kane<ekane meridianciYy.arg>;Todd Koehler<tkoehter rz meridiancity.org> Cc:Mike Reno<MReno cdh.idaho.gov>;Matthew.BeeterOdeq.idaho.gov Subject:RE: ]External Email]RE:(External Email]RE:Timber Creek Recycling Enforcement Externai Sender-Please use caution Huth links or attachments. Mike and i can do 9:00 am Friday July 28 From:Emily Kane cekane@meridiancity.org> Sent:Wednesday,July 26,2023 9:28 AM To:Lori Badigian<LBadigian@cdh.idaho.gov>;Todd Koehler<tkoehier@meridiancity.org> Cr;Mike Reno<MRgno@cdh.idaho.gov>;Matthew.Beeter@deq.idaho-ggv Subject:[External Email]RE:[External Email]R£:Timber Creek Recycling Enforcement Good morning,I'm so sorry,but S have a previous obligation that wasn't on my calendar yesterday,and have double-booked myself.I need to reschedule our meeting tomorrow.Would you all be available on Friday at 9 a.m.,11 a.m.,or 3 p.m.instead?i am out of the office next week but we could also meet the week of August 7 if we aren't in too big of a time crunch.Thank you and apologies for the mixup. Emily Emily Kane[ Deputy City Attorney City of Meridian I City Attorney's Office 33 E.Broadway Ave.,Meridian, Idaho 83642 Phone:209-898-5506 ( 7 Y IF- II3I� TAN�-- Built for Business,Designed for Living All e-moll messages sent to or received by City of Meridian a mail accounts ore subject to Idaho law with regard to both release and retention,and maybe released upon request,unless exempt from disclosure by laiv From:Emily Kane Sent:Tuesday,July 25,2023 3:59 PM To:'Lori Badigian'<Lgad gian@- dh.idaho.gov>;Todd Koehler<tk ehler meridiancity;,g_rg> Cc:Mike Reno< R n @cdh.idah(2.ggv>;Matthew.Beeter@de- idaho.gov Subject.-RE:[External Email]RE:Timber Creek Recycling Enforcement Yes,4 will do that.I will send a Teams meeting invitation in the next few minutes.Thank you and looking forward to meeting you on Thursday! about:blank?windowld=5econdaryReadingPanel 315 916124, 11:42 AM RE:Timber Greek Recycling Enforcement-Lori Badigian-Outlook From:Lori Badigian<LBadigian cdh.idaho.gov> Sent:Tuesday,July 25,2023 3:57 PM To:Emily Kane<ekane meridiancity.org>;Todd Koehler<t koe Uerp m arid i ncity.4rg> Cc:Mike Reno<MReno cdh.idaho.gov>;Matthew.Beeter@ deq.idaho.gov Subject:RE:(External EmaN]RE:Timber Creek Recycling Enforcement Exlernal Sender-Please use caution with links or attachments. Emily, Thank you.Yes Thursday July 27 at 3:00 via Teams works for Mike and I.Can you please include Matt Beeter,IDEA Solid waste Program Manager?I have included him in this email reply. From:Emily Kane<ekane rrtetidsncity.org> Sent:Tuesday,10y, 25,2023 11:11 AM To.Lori Badigian<LBadigran@cdh.idaho.gov>;Todd Koehler<tkoehler@meridiancity.org> Cc:Mike Reno<MReno@cdh.idaho.gov> Subject:[External Emaii]RE:Timber Creek Recycling Enforcement You don't ofterig ct email from ekaneCcmehdiancih�or Learn why this is important Hi,Lori.Thank you for sending this information and including the City of Meridian in the conversation. I will serve as the City's point of contact for this issue. Unfortunately,because the compost operation,and specifically the processing of food waste,is an allowed land use under the City's development agreement with Timber Creek,the scope of the City's authority to pursue a nuisance action is fairly constrained.But even with that situation as the backdrop,we would still like to talk about how the City can support CDH's effort to address the odor complaints.Are you by chance available this Thursday,July 27,at 3:00 p.m.?I can set up a call on Teams if that time and platform works for you.Or if you'd like to chat at another time or by another method,that would be just fine. Thank you again for reaching out and for your efforts so far to address the issue.Looking forward to talking with you soon. Emily Emily Kane I Deputy City Attorney City of Meridian I City Attorney's Office 33 E,Broadway Ave.,Meridian,Idaho 83642 Phone:208-898-5506 ? - Built far Business,Designed for Living All e-mail messages sent to or received by City of Meridian a-rnaii accounts are subject to Idaho law with regard to both release and retention,and may be released upon request,unless exempt front disclosure by low Begin forwarded message: From:Lori Badigian<LBadigianf&cdh.idaho.gov> Date:July 25,2023 at 8:28:00 AM MDT To:CityAttorney<CityAttorneyErne rid!ancity.org>,Todd Koehler<tkaehler meridiancity.org> Cc:Mtke Reno<MReno Ecdh.idaho.gov> Subject:Timber Creek Recycling Enforcement E tvan ii S>:nder-Please use caution with links or attachments. Good morning, I am the Ada County Land,On-site Sewage and Solid Waste inspector with Central District Health(CDH).Within the Solid Waste Program,the Health District regulates the Operations and Closure Plans.We regularly work with DEQ with regards to the solid Waste facilities,specifically to odor complaints, In March 2023 DEQ Air Quality Division lost the regulatory ability to follow up on odor complaints for industrial facilities which means that since April all odor complaints are forwarded to the Health Districts. In April CDH began receiving numerous odor complaints from the neighbors surrounding Timber Creek Recycling and the complaints were found to be valid.The facility receives a cheese waste product that is very foul smelling and must be handled correctly in order to prevent odors from escaping the facility,During this time,it was determined that the waste was not being properly mixed or covered creating this significant odor issue through the area creating a public nuisance. An enforcement letter was issues to Timber Creek Requesting significant documentation so that CDH could determine if the facility is operating in accordance with the approved Operations Plan.See letter titled Timber Creek Recycling Odor Complaint Enforcement letter.Upon review of the information submitted it was determined that this cheese waste appears to be the cause of the odor complaints and that Timber Creek Recycling is not operating in accordance with the approved Operations Plan.See attached letter titled Timber Creek Vio#ation Correction Letter. CDH did not receive any complaints from June-July 21.On July 21 and 24 1 received several complaints.I was not able to respond on July 21,1 did go to the site on June 24 and did not detect an odor that could have been generated from the recycling facility. I was asked by my supervisor and DEQ to provide the correction letters to you so that the City of Meridian is aware of the ongoing odor issue from this facility. Central District Health would like to collaborate efforts to resolve this public nuisance odor issue with the City of Meridian_I can be reached via this email or at 208-869-9118 if you would like to discuss this further. about:blank?windowld=5econdaryReadingPanel 415 9/6124, 11:42 AM RE:Timber Creek Recycling Enforcement-Lori Badigian-Outlook Regards, Lori Badigian Connect with us! Lori Badigian, REHS I Environmental Health Specialist Senior EEE Community&Environmental Health P 208 327-8517 f M.208-869-9118 1 F.208-327-8553 E.La @cdh _ I W.cd#�.id_Ah_o.gov 707 N.Armstrong Pl,Boise, ID 83704 Excellence I Positive Impact J Partnership I innovation f Credibility I Humanity I MPUATANT:The information contained in this email maybe privileged,confidential or otherwise protected from discFosure.All persons are advised that they may face penalties under state and federal taw for sharing this information with nnauthori7ed individuals.If you received this email in error,please reply to the sender that you have received this information in erfcw Also. please delete this email after replying to the sender. All e-mail messages sent to or received by City of Meridian a-mail accounts are subject t4 the Idaho law,in regards to both release and retention,and may be released upon request,unless exempt from disclosure by law. aboutblank?windowld=5econdaryReadingPanel 515 n��e'Srr3 � it Sr. � k e t i h iy F� . � J r � � j• �" #f i r {*p! y r 4 .,;