HomeMy WebLinkAbout2024-09-27 Lori Badigian
Charlene Way
From:Luke Cavener
Sent:Friday, September 27, 2024 10:12 AM
To:Clerks Comment
Subject:Fw: Timber Creek Recycling Facility 9-17-2024 hearing comments
FYI.
From: Lori Badigian <LBadigian@cdh.idaho.gov>
Sent: Friday, September 27, 2024 9:23:07 AM
To: 'bwhitlock@meridiancity.org' <bwhitlock@meridiancity.org>; '' lstrader@meridiancity.org' <'
lstrader@meridiancity.org>; 'dtaylor@meridiancity.org' <dtaylor@meridiancity.org>; 'joverton@meridiancity.org'
<joverton@meridiancity.org>; 'alittleroberts@meridiancity.org' <alittleroberts@meridiancity.org>;
'lcavener@meridiancity.org' <lcavener@meridiancity.org>; 'cityattorney@meridiancity.org'
<cityattorney@meridiancity.org>; 'rsimison@meridiancity.org' <rsimison@meridiancity.org>
Cc: Mike Reno <MReno@cdh.idaho.gov>
Subject: Timber Creek Recycling Facility 9-17-2024 hearing comments
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Good morning,
I recently listened to the recording of the City Council meeting that was held on September 17, 2024 regarding Timber
Creek Recycling (TCR) and feel there are some clarifications needed regarding some statements and comments from the
Council and City Attorney Bill Nary.
CDH is tasked with regulating the Operations and Closure of Non-Municipal Solid Waste Facilities within our district
based on an MOU between DEQ and the Health Districts in Idaho. Prior to Spring of 2023 the DEQ Air Quality division
had regulatory control over odor complaints. As a part of the Governor’s zero-based regulation order, DEQ removed
their responsibility for odor complaints from the regulations. This shifted the responsibility for odor complaints for non-
municipal solid waste facilities from DEQ to the Health Districts.
Prior to this change in responsibilities, Central District Health (CDH) did receive odor complaints regarding TCR but only
conducted the initial investigation and passed the findings onto DEQ. In April 2023, after the rule change, CDH began
receiving numerous odor complaints from the neighbors surrounding Timber Creek Recycling facility that continued
through the end of Fall 2023. These complaints were found to be valid, and the source was determined to be the WAS
material they receive from the Sorrento processing plant. Please note that TCR also provided their complaint records to
CDH per requirement and there were a significant number of complaints made directly to TCR throughout the year.
On 7/25/2023 I emailed the City Attorney, which I assume was Mr. Nary, and Todd Koehler with Code Enforcement. The
email explained the issue with the numerous complaints that CDH had received on this facility and included the request
for information letter dated 5/8/23 and the violation correction letter dated 7/12/23 that was sent to TCR. I received a
response the same day from Emily Kane who explained she would be my point of contact for this issue.
On 7/28/2023 a Teams meeting took place with DEQ, CDH, Emily Kane and Todd Koehler with the City of Meridian.
During this meeting DEQ informed the City that the TCR facility is not an Agriculture facility and therefore is not Ag
Exempt, they are a commercial processing facility. Ms. Kane indicated that the City could begin a nuisance investigation
based on this information and based on TCR being in violation of the Operating Plan. This information was followed up
in an email from Ms. Kane where she also stated she would request a copy of the Operating Plan from DEQ. I promptly
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replied to her informing her she would need to submit a Public Records Request directly to CDH for the Operations Plan
and Odor Management Plan. To date, CDH has not received a Public Records Request from the City of Meridian for any
information on the TCR facility.
During this timeframe from 7/25/23 through present, there has been numerous correspondence with CDH, DEQ and City
of Meridian regarding definition of what this WAS material is. In these emails, DEQ defined the WAS material stating “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….The material hauled from Lactalis is not cheese whey. They specifically remove the whey as a
product.”
This information was submitted as part of the public comment for the September 17, 2024 hearing per the suggestion
from Emily Kane.
The determination that the odor complaints in 2023 were valid and appeared to be from the WAS waste prompted Mr.
Murgoitio to hire a company to review their processes and make some changes to the processing (mixing and covering)
of this WAS material. Concurrently Mr. Murgoitio was in the process of working with DEQ and Southwest District Health
to open his Nampa facility which began receiving waste in December 2023. At that time TCR provided CDH and DEQ a
timeline of transitioning this WAS away from Meridian to the Nampa plant. The timeline was to significantly reduce the
WAS material being received in Meridian right away with a full transition to Nampa by December 2025. During this
timeframe TCR also submitted an amended Operations Plan to CDH for review and approval, however, this plan was not
approved. TCR was found to be in violation of the Operation Plan at that time and offered the transition plan. With the
opening of the Nampa facility, it was expected that TCR was following this transition plan. The City of Meridian (Emily
Kane, Bill Parsons and Todd Koehler) were included on most of these emails.
August of 2024 CDH began receiving odor complaints once again that were found to be valid. CDH requested the list of
incoming material for the previous 90 days from TCR. Upon receipt of that documentation, the facility was found to be
in violation of the Operations Plan, a warning letter was issued on September 16, 2024 and the facility was given a
correction date of September 30, 2024. Emily Kane was copied on this letter.
In addition to the above information, there were a few mis-stated facts that I would like to clarify:
1. Mr. Murgoitio was asked by Council if the facility has received an odor complaint that received a violation. Mr.
Murgoitio stated “we have not received an odor complaint that resulted in a violation”. This is not accurate as
the facility was found in violation in Spring 2023 which prompted processing changes and the described
transition plan to the Nampa facility. TCR received an additional violation letter on September 16, 2024. Mr.
Murgoitio was further question on if TCR has received any complaints that resulted in a violation and Mr.
Murgoitio stated “there was a grey area in the Ops Plan, a technicality of the term we call the material and
what that’s classified as. So, its an amendment to the modification of the Operations Plan which were meeting
with DEQ on Thursday on”. This is not accurate as the violations noted are not technicalities. In addition, the
September 19, 2024 on-site meeting with DEQ was for DEQ to be present on-site when the WAS material was
being received and processed to gauge the odor and process. It was not to approve amending the Operations
Plan.
2. Mr. Nary stated that several requests have been made to DEQ and CDH for a copy of the Operations Plan and
CDH refuses to provide it is inaccurate. I did receive a request from Emily Kane in July 2023 via email where I
informed her she would need to submit the Public Record Request form for this information and again from
Sonya via email a few days before hearing and I asked that she submit the required Public Records Request
form before we can provide that information. CDH has never received a Public Request from the City of
Meridian for this or any information on TCR
3. Mr. Nary stated when referring to the WAS that “this is a bi-product of processing of the product at the milk
plant and is an ag product. It is unclear from the information that we have from DEQ and CDH if it violates the
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terms in their agreement.” Clear information was provided to the City of Meridian deputy attorney and code
enforcement in October 2023 defining the WAS as an industrial waste including clarifying that it is not an ag
product and this facility is not ag exempt.
Central District Health is currently working with DEQ for a resolution on the violations of the Operations Plan. CDH will
be able to provide the Operations Plan, Odor Management Plan and copies of the letters and other correspondence sent
to TCR upon receipt of a Public Records Request. My supervisor and I would be willing to schedule a meeting to discuss
any questions you may have regarding the Operations of the facility and/or attend the next scheduled hearing on
November 12 if you would like.
Regards,
Lori Badigian, R.E.H.S.
Senior Environmental Health Specialist
Lori Badigian, REHS | Environmental Health Specialist Senior
Community & Environmental Health
P. 208 327-8517 | M. 208-869-9118 | F. 208-327-8553
E. LBadigian@cdh.idaho.gov | W. cdh.idaho.gov
707 N. Armstrong Pl., Boise, ID 83704
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