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NEWS STORY

DOWN WITH THE DUMP
When is a landfill not a landfill? When a New York firm hires Neil Goldschmidt to help build a "resource enhancement project" in North Portland.

BY BEN JACKLET
benjacklet@hotmail.com

photo by Basil Childers

 

 

The abandoned sand pit was owned by Hillman Properties and was mined for clean sand for more than 15 years. Brookhill bought the property this month.

 

There are three categories of dredged materials: clean sediments; low or moderately contaminated sediments (from ship berths, marinas and stormwater outfalls); and highly contaminated or hazardous sediments (from wastewater outfalls or industrial sites).

 

Where New York developers see an abandoned hole, Cindy Scherrer (above) sees a habitat.

 

Brookhill would be allowed to buy low or moderately contaminated sediments but not highly contaminated or hazardous sediments.

 

Brookhill Redevelopment generally specializes in so-called "brownfield restoration" projects. The company has redeveloped 37 properties in 22 states, transforming polluted sites such as abandoned gas stations and dry cleaners into new shopping centers.

 

 

Barry Hersh has big plans for Tomahawk Island.

Hersh, the vice president of Brookhill Redevelopment, wants to dig a huge hole on 26 acres of riverfront property, line it with clay, fill it in with 1.2 million cubic yards of dredged muck from the Willamette and Columbia rivers, cap it, and plant some native vegetation on top of the resulting mound of sediment.

Hersh insists that his New York-based company is not talking about a dump or even a landfill, but rather a restoration plan, a resource-enhancement project. He notes that the property in question, an abandoned sand mine, is hardly pristine. "It's basically a hole in the ground," he says. "What you have there now is weeds. We think we can create a much better habitat."

Cindy Scherrer sees it differently. Scherrer lives in the neighborhood, and her business, Alder Creek Kayak, is across the street. The hole in the ground that she points to is filled with water and surrounded by cottonwoods. The small lagoon provides habitat for turtles and beaver and grebes. As she argues her point, a great blue heron swoops past.

Scherrer doesn't see how barging in contaminated sediments will improve anything. "They're talking about poisoning my back yard," she says. "They want to endanger the watershed of the Columbia River, even more than it already is."

Scherrer and Hersh are on opposite sides of a fierce battle in the normally quiet North Portland neighborhood of Tomahawk Island. The island--basically a sand bar surrounded by houseboats and marinas, jutting east from Hayden Island into the Columbia River--could become the site of a massive depository for "low or moderately contaminated" sediments dredged from the Columbia and the Willamette. Hersh concedes that the site could even accept dredgings from Portland Harbor, Portland's recently declared Superfund site along the Willamette River.

While Hersh is steering Brookhill's proposal through a maze of city, state and federal agencies, Scherrer is leading the charge to stop him. More than 80 local businesses and 800 neighbors have signed onto her group, Citizens Against Brookhill.

Scherrer points out that the neighborhood is zoned commercial with a conservation overlay, a city designation aimed at protecting sensitive land that does not allow for waste-related sites. In other words, if Brookhill calls its dump a dump, it must request a zoning change, a process that would require the kind of public hearings that Scherrer and her neighbors want--and the company doesn't. If, however, the mound of muck can avoid the landfill label, Brookhill's opponents would get shut out of the decision-making process.

That's why, when Brookhill applied with the city for a land-use compatibility statement in August, the word "landfill" didn't appear on any of the documents. Rather, the project was labeled the Tomahawk Island Resource Enhancement Project.

City planner Jessica Wilcox didn't buy it. She sent the application back as incomplete on Sept. 1. "It is important for you to show that the proposed use is not Waste-Related," wrote Wilcox.

That won't be easy. Monty Morshed of the Department of Environmental Quality's solid waste division--the state agency that makes the call on what is a dump--says DEQ has an exemption process for companies that deal exclusively with clean soil. But Morshed doubts Brookhill's plan would qualify. "That would be a tough sell," he says.

Still, Brookhill isn't about to quit. The company has hired some of Portland's finest minds to plan, engineer and promote the scheme, including power-broker extraordinaire Neil Goldschmidt.

Goldschmidt, the former mayor-governor-federal transportation czar, spoke in favor of the project at several forums last spring, one of them at the Columbia River Yacht Club. He also escorted Brookhill managing director Mike Zukerman to City Hall and, earlier this year, personally introduced the Brookhill plan to City Commissioners Erik Sten, Jim Francesconi, Charlie Hales and an assistant to Mayor Vera Katz.

Goldschmidt, whose father recently died, was not available for comment. Hersh says Goldschmidt chose to work on the project because it is a good idea. Riverfront companies, ports and marinas need a secure place to deposit the soils they dredge in the course of business, he argues. "It's not that these materials are so contaminated," he says. "It's just that there aren't any places where you can put them."

Hersh declined to discuss the economics of the proposal with WW, but in previous public forums, Brookhill representatives have said companies could be charged up to $60 per cubic yard to deposit materials at the site. (Hersh has since said he expects the fee to be lower.)

Hersh doesn't rule out the possibility of accepting dredgings from the Superfund site in the Willamette. But he insists that all of the sediments would be tested prior to delivery in a system overseen by state and federal regulators and that no highly contaminated or hazardous materials will be allowed.

Brookhill opponents are not reassured. "If this stuff were clean," says Larry Talbert, "nobody would be willing to pay $60 per cubic yard to get rid of it."

Tomahawk residents point out that regulatory agencies have been unable to prevent pollution of the Portland Harbor, the Columbia Slough and other local toxic landmarks. They see major flaws in the idea of storing moderately contaminated soils on a sandy riverfront property that is prone to flooding.

Hersh, however, is confident that Brookhill will prevail. "We believe in this project," he says. "It's gonna happen."

 

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