A D V E R T I S E M E N T
A D V E R T I S E M E N T
ADVERTISEMENTS
Clackamas County has dropped its lawsuit against Milwaukie over maintenance at the Kellogg Treatment Plant despite not having received the permits that instigated the litigation.
Maintenance at the plant has been one of a number of issues related to sewers that has the county and city in a row. With the permits, the city has been trying to exert land-use authority, saying more efficient machines that can process a greater amount of waste constitute an intensification of the plant. The county argues that it is replacing 40-year-old blowers with similar machines that are more efficient because of technological updates in that time.
Replacing the blowers is critical to prevent untreated sewage from spilling into the Willamette River during heavy rains or equipment failures.
The lawsuit was a mandamus to issue the permits allowing the county to replace the machines. A mandamus essentially orders someone to do something they’re already obligated to do.
In a letter to the city, the county said it was dropping the lawsuit following three actions that it said showed good faith in the ongoing negotiations. The city issued an electrical permit, indicating that there was not a “blanket hold” on all Kellogg-related permits; it sent a letter offering three options for replacing the blowers that would be acceptable to the city; and it backed off its previously absolute position that Kellogg should be decommissioned, now saying a reduction in size, visibility and effect on surrounding neighborhoods would be adequate.
One of the options the city offered was to replace the blowers with similar machines. The county has been looking at a new type of technology for the machines, which cost $290,000 less up front and would save an estimated $20,000 a year in energy costs.
“Their stated concern is that once the new blowers are installed they could allow the plant in the future with the addition of another blower and additional construction to expand the capacity of the plant,” Storey said. “If we ever do look to expand the capacity of the plant we agree, it would be land use, and we’ll come back to you.”
The county asked for the permits by Jan. 4, though it did not indicate what would happen if that deadline is not met. Storey said he would talk to the board on Jan. 5 about further actions.
The letter also asked Milwaukie to do away with an ordinance it has been considering every month for more than a year that would make the Kellogg plant a non-conforming use and potentially allow the city to fine the county for its continued existence.
The plant has four blowers, one of which is out of commission and another of which is only still operable because plant staff has jury-rigged it together. Two blowers typically run at a time, but if one of the still operable blowers burns out or heavy rains come, untreated sewage could spill into the Willamette River, threatening public health and likely inviting fines from the Department of Environmental Quality.
The county is also under a DEQ order to upgrade the plant so it stops spilling sewage during heavy rains, and has a tight timeline to do so.
The City of Milwaukie has been happy to receive sewer service for a discounted rate ever since the plant was built and now they have taken a phoney back door approach to getting the plant moved, even though it will cost other users in capital cost and operating cost. Just another example of Milwaukie under the current City Manager trying to "outsmart" others and dump costs on the County taxpayers. Milwaukie is a contract customer of the district, not a member, and therefore should pay all costs relating to this issue the next time they sign up.
(email verified)
Wed, Dec 30, 2009 at 01:56 PM
City of Milwaukie and its ratepayers have owned and maintained the sewer pipes through which its wastewater drains since Kellogg Treatment plant's inception. It has also paid a fair share of the costs of treating this wastewater to the county. Now the County wants to make everyone within the district pay for the cost of new sewer service to the developed areas east of I-205. Milwaukie citizens did not ask for nor do we appreciate this development, which has only brought more traffic through our neighborhoods and crime into the area. The developers who made HUGE profits developing Happy valley, and the homeowners who enjoy their big properties should be the ones paying THEIR fair share for this sewer service. Our City manager and our City Council are fighting for the rights of Milwaukie's citizens to be treated fairly.
(email verified)
Wed, Dec 30, 2009 at 02:31 PM
Find a paper
Enter a street name
or a 5 digit zip code
Browse archive
The Oregon City News
News feed
Facebook
Digg
Del.icio.us
Newsvine
Stumbleupon
Reddit
Mitigate for past fish impacts
The city should require as part of its permit that the CCSD#1 reconstruct the river frontage from Bluebird to the MOUTH of Kellogg Creek in a manner that creates fish and wildlife habitat.
Currently, the frontage consists of rock revetment and manicured lawns with many non-native trees and some invasive ground cover.
This has been going on, now, since the early 1970's, in addition to the numerous effluent spills.
Its time to "pay it forward" and do something for the fish (salmon species that the National Marine Fisheries Service and US Fish and Wildlife agency believe would inhabit the watershed, which includes much of Happy Valley, all of the regional center and strip commercial development along SE 82nd Avenue [big box central]).
The district could contribute about $1 MILLION to remove the blockage at the mouth created by roadway crossings, initially during the depression era construction of the "superhighway" (McLoughlin Blvd.). The cost to restore the mouth and estuary has been estimated by ODOT and US Corps to run around $10 MILLION. So far, not one agency has stepped forward to pony up mitigation payments. The city and ODOT were fortunate to grab a $1,055,000 MTIP grant from METRO, thanks to the federal government transportation largess. Part of those funds, right now, will be used to complete further environmental studies of the mouth and estuary and to prepare preliminary engineering plans to construct a new roadway crossing to create a more natural mouth/estuarine habitat under a bridge.
CCSD#1 has another significant reason to volunteer contributions to remove the fish barriers and rocky shore. Since the construction of the Milwaukie Expressway and I-205 in the 70's, the northern area of Clackamas County east of the Willamette has been the home to urban sprawl and soil erosion and filling of wetlands with industrial buildings and distribution lots (remember the "Lake District"?). With the loss of native tree canopy and imposed grading to prepare building lots, the silt and brownfield ingredients have drained/migrated to the river, ending up in the estuary and river.
The county has not been willing to acknowledge the pollution, mitigate it and still, to this day, refuses to initiate and take charge of a salmon recovery plan for the watershed. This watershed is supposed to be protected and recovered for the listed salmon species under the federal Endangered Species Act. The little urban watershed gets very little federal and state attention compared to the pristine rivers prized for their steelhead, like the Clackamas River. Seemingly, the ONLY plan is business as usual. The creek and its watershed has been written off by the local agencies.
I'm in it for the fish. If they can repopulate the watershed, then our society, here in Milwaukie, Happy Valley and Clackamas, might actually have a chance to be sustainable. Otherwise, its only a matter of a short time period for our demise as we know it.
The watershed also needs native tree canopy throughout to rebuild the groundwater resource, which the city of Milwaukie relies on for domestic water well withdrawals...and the fish rely on groundwater to feed seeps, springs and headwaters to keep the creek and its tributaries flowing to an acceptable volume, cleanliness and temperature during the low-flow months of May through September.
Tell the County Planning Commission at its January 25th work session that native tree canopies are not a choice in our urban environment, but a necessity for our survival.
Salmon in our creeks, a sustainable urban community.
"Pat Russell, Clackamas"
(email verified)
Wed, Dec 30, 2009 at 01:40 PM