Newport hears more testimony about G-P pipeline

The Newport News-Times
By Steve Card
July 25, 2008

An agreement between the City of Newport and Georgia-Pacific for use of city rights of way for G-P's treated effluent pipeline continues to be a source of much discussion, and on Monday, the Newport City Council again heard considerable pubic testimony on the issue.

For at least the past 50 years, G-P has discharged treated effluent from its Toledo mill via a pipeline running through Newport. The pipeline dumps the effluent into the ocean approximately 4,000 feet offshore from Nye Beach. Currently, G-P has two pipelines traversing Newport. Both enter Newport alongside Highway 20 and then take separate paths - some through city rights of way and some through private property - until joining at NW 3rd and Brook streets, where they use a common outfall line into the ocean.
 
The Oregon Department of Environmental Quality issues the permit allowing G-P to discharge its effluent into the ocean. Newport previously granted a franchise agreement to G-P to allow the pipelines to pass through the city, but this agreement lapsed, and for more than a year, city staff and G-P have been discussing a new agreement. The city council has been presented with a draft agreement, crafted by City Attorney Gary Firestone. As originally proposed, the agreement states that in exchange for the use of city rights of way, G-P would pay the city $10,000 per year (with annual increases), plus $500 per day for every day G-P exceeds DEQ permit standards. The agreement would be for 10 years, with automatic renewals in 10-year increments unless G-P breaches the agreement. G-P would have to maintain liability insurance covering any injury and/or property damage attributed to the pipeline and indemnify the city. Also, G-P would be required to comply with applicable city ordinances, coordinate any construction with the city, get city approval before abandoning lines, and move lines upon request by the city.

Firestone told the city council this week, however, that he has made some revisions to this draft agreement that allow for some options in the terms. The council had intended to discuss the options list this week, but the information had inadvertently not been made available for public view along with the rest of the council packet, which is posted on the city's website prior to each city council meeting. In the interest of maintaining a transparent process, the city council decided to delay discussion of the options list until its Aug. 4 meeting.

The council did, however, continue accepting public testimony - the third such session - adding to the hours of testimony already heard from both sides on this issue. And there promises to be more public input, as the council has not yet concluded its information-gathering process.

Toledo resident Edna Abbott said she lives in the shadow of the plume generated by the G-P mill, and when she had questions regarding health and safety about both the mill and G-P's ocean outfall site at Nye Beach, she went to mill officials and asked those questions. Abbott said mill personnel were very open and responsive to her inquiries and alleviated her concerns. “I feel they're the best neighbor I have ever had,” she told the city council.

Rolla Cleaver, representing the Lincoln County chapter of the Oregon League of Conservation Voters, said there is the potential for a win-win solution here. “It is not our intention to close the mill ... nothing could be further from the truth,” he said. He added, however, that with 11-million gallons of effluent being dumped every day for the last 50 years, there needs to be research done to determine what the effect is. If no problem is found, then the city's contract with G-P can negotiate a long-term monitoring process. If there is a problem, then this is the time for the city to act on it. Failure to go through the proper process now, “will appear that the city council hasn't done its job,” he said. Cleaver pointed out that the first responsibility of government is to protect the health and safety of its residents, and a decision regarding the G-P agreement needs to be based on good science, not politics.

Charlie Plybon, Oregon field coordinator for the Surfrider Foundation, had previously presented the council with a list of recommendations from Surfrider, and he reiterated his offer to assist in the process. Surfrider is interested in constructive and solution-based involvement, Plybon said. “We're part of this community, we support Georgia-Pacific ... and we're working cooperatively with all groups on this to try and find a win-win here.”

Marcia Schwartz raised a concern about heavy metals being dumped into the Pacific Ocean by industry all along the west coast, and she said G-P ranks high on this list. “I believe you need a scientific panel to look at it,” she said.

Roger Hart took exception to G-P's claim that its effluent is non-toxic. If this was true, there would be no reason to discharge it into the ocean, he said. He also is concerned about possible breaks or cracks in the pipeline that could leak effluent into the soil. “Toxic zones could be accumulating,” he said.

Dan Husko of Toledo encouraged city council members to stay focused on the primary issue before them. “There's been a lot of emotional testimony ... but you just need to weigh the facts,” he said.

Dustin Bailey, who works in G-P's environmental center at the mill, said issues of concern over the effluent outfall came up in the 1980s, and there has been scientific investigation done since that time. He said the soils and environment along the outfall zone are no different than the soils and environment elsewhere. “It is a mixing zone, and we're required to keep a low toxicity level. We keep below those levels,” he said.

Still others urged the city council to create a task force to closely evaluate all sides of the issue and then make a recommendation to the council.

Discussion on the matter was limited to public testimony at this week's meeting - the council has not yet begun its deliberation. And still more input will come at the council's meeting on Aug. 4, when two representatives from the Oregon Department of Environmental Quality will be on hand to answer questions from council members regarding DEQ's permitting process for the G-P outfall. Mayor Bill Bain said the council has drafted a lengthy list of questions for DEQ that they want answers to before making a decision on the new agreement.

Also, the city has hired a firm to conduct an appraisal to determine the economic value of the right-of-way used by G-P for its pipeline. That appraisal is not expected to be complete for at least 30 days.

Steve Card is managing editor for the News-Times. He can be reached at 265-8571 ext. 224, or stevecard@newportnewstimes.com.