Mr. Anderson has made many comments about "acting in good faith" and how neighbors should "trust" the regulating bodies. The earliest correspondence I've found concerning the project was sent to the county Environmental Health Dept. from Pat Paswater of the California Integrated Waste Management Board (CIWMB) dated 11-17-93. Paswater stated that the meeting held the day before was very informative and that, "I'm sure by working together M&M Feed will be successful in siting and permitting the proposed composting facility at Guntley Ranch". When the neighbors questioned the Planning and Building Depts. in the spring of 1994 about road construction above the Russian River and again, later that spring, about large truckloads of manure going up that same road, the County Agencies stated that Mr. Guntley was just trying to fertilize his ranch, and not to worry. The neighbors now think that they were the ones being fertilized and that there has been collusion, rubber-stamping and possible Brown-Act violations since the winter of '93. Anderson portrays Cold Creek Compost as a privately owned business that is, "helping Mendocino County comply with AB 939", which says that counties have to reduce landfill volume 50% by the year 2,000. He neglected to state that Cold Creek is also helping Lake, Humboldt, Napa, Sonoma and Yolo counties comply with their waste diversion problems by importing their wastes into Potter Valley. Our supervisors, Planning and Health Depts., MSWMA and the incorporated Cities have aided, rubber-stamped, and looked the other way in their haste to comply with AB 939. Cold Creek is a for profit, privately owned business. Any benefits to Mendocino County are incidental.
McKee County Park
McKee County Park was donated to the county Dec. 17, 1969 by McKee and sons. This beautiful riparian corridor is two miles in length. Unfortunately, the new and originally un-permitted road servicing Cold Creek Compost runs the length of this once peaceful parkway. County Parks established a nature-study and portaging trail along the river. This area of the Russian River has a beautiful stretch of rapids. It is a favorite spot for kayakers, tube riders and just plain floaters who make day trips from McKee to Lake Mendocino. It is also a very popular trout fishing area because Fish & Game regularly stocks it. Wild berries, oaks, poplars, alders and many wild flowers shade and cool many visitors seeking respite from the scorching summer heat. This area provides habitat for snowy egret, blue heron, and osprey. Bald Eagles have been sited eating fish on near-by power poles. Seasonal visitors include mallard, merganser, and canvas back ducks as well as Canadian Geese. In the hills of Potter Valley live Mountain Lion, Bob Cat, Black Bear, wild turkey, wild pig, raccoon, opossum, deer, Cooper's Hawk, Sharpshinned Hawk, Red Tail Hawk, and the Golden Eagle. Many, if not all, of these creatures drink, hunt and fish in this area. The students of Potter Valley Elementary School use McKee County Park as a field study area in the Adopt A Watershed Program. At peak times (Summer) there will be up to 35 round trips of foul smelling, noisy trucks traveling along and above this once pristine area. Neither the Planning Dept. nor the Siting Studies, Negative Declaration or Conditional Use Permit think that McKee Park is even worth mentioning. Cold Creek's activities will shatter the peace and destroy the environment of this park with noise and stench.
Masonite/International Paper
There have been many concerns from Potter Valley residents about importing Masonite ash into the valley and storing it above the Russian River. First classified as a feedstock, the ash has recently been reclassified as an amendment or additive. The reason being that feedstock can't be stored on site and has to be processed into windrows within 72 hrs. as a mitigation for odors and vectors. Also, the facility is limited to 50,000 tons of incoming feedstock a year. There seems to be no tonnage limits to amendments or additives and they can be stockpiled indefinitely. Masonite generates about 20 tons of ash daily, approx. 6,000 TPY. Excess ash that can't be sold or mixed with compost can be applied directly to the soil on 400 acres of Guntley Ranch and 200 acres of M&M Ranch in Covelo to "reclaim the subject acreage" at agronomic rates. Cold Creek has taken delivery of about 500 tons of Masonite ash and land spread about 40 tons on Guntley Ranch. Don't be fooled into thinking that Masonite is a local, home grown, concerned with their community, business. In November 1988, International Paper took over Masonite. International Paper is one of the largest industrial polluters in the world. I.P. has no concern with our quality of life, their bottom line is profit. They don't care about our air, water or forests. For years Masonite/IP has dumped their boiler and scrubber ash at the Ukiah landfill.
As of Jan. 1, 1996, the city of Ukiah has refused to take Masonite/IP ash into the city landfill. In the past, Masonite/IP has tested its ash annually. The samples to be tested, which weigh less than 1 oz. and often less than 10 grams, are collected by Masonite/IP employees. The samples are sent to a lab. The results are sent to Environmental Health which sends them to the Water Quality Control Board. According to the Citizens for a Healthy Ukiah, in addition to burning redwood bark and wood scrap, Masonite/IP is permitted to burn Fuel Oil #6, trim waste from finished products and quality control rejects. Masonite/IP has four boilers with Boiler #4 being the dirtiest, burning the most fuel oil and generating the most ash.
The following information is contained in the Air Toxic Emission Report For 1989, '90, & '91 for Masonite Corp. and obtained from the County of Mendocino Air Quality Control District's office. The District has several volumes containing thousands of pages on emissions from Masonite/IP which were tested by Acurex Corp. Masonite/IP in 1991 (the last year of public record) burned 3,480,409 gallons of Fuel Oil #6 combined with recycled oil. What I have been able to find out about fuel oil #6 is that it is a waste product, and among the dirtiest of fuels. I called some refineries and distributors. No one knows or wants to say what the chemical content of #6 is.
According to the emissions study, Benzene, EDC, Toluene, and Xylenes are emitted from burning Fuel Oil #6. Benzene and Toluene have been found in the Ukiah landfill. The emissions report states that the greatest emissions come from Boiler #4. Along with thousands of pounds of formaldehyde, Masonite/IP emitted into the air annually an assortment of heavy metals as well as dioxins, furans and PCB's. All the metal emissions, e.g., "hexavalent chromium, arsenic, cadmium, lead, beryllium, manganese, mercury, nickel, selenium, and zinc", came from the boilers, chiefly boiler #4. The primary sources of formaldehyde were the waste water ponds, where the scrubber ash settles.
At the Health Dept. we found a Masonite ash report dated 1994. This is the most extensive test we've seen. The results were obtained from samples of ash weighing approx. 10 grams. The report pinpointed the locations where the ash was extracted; five samples were taken: 1) Scrubber ash dewatering pond at 5' depth, 2) Scrubber ash dewatering pond at 10' depth, 3) Boiler fly ash (dry) 4) Stockpiled ash material - west half composite and 5) Stockpiled ash material - east half composite. This is the only ash test that I've seen that tested for dioxins and furans. DOIXINS AND FURANS SHOWED UP IN THE ASH!
In Volume 13, Number 4 of Everyone's Backyard, CCHW's quarterly newsletter, Lois Gibbs says that the Environmental Protection Agency's Science Advisory Executive Committee "agreed with the EPA that: dioxin is a probable human carcinogen; dioxin harms the reproductive and immune systems and impairs normal child development at low levels of exposure; dioxin exposure is associated with endometriosis, decreased testes and penis size, glucose intolerance, immune suppression, infertility, birth defects and other serious health problems." The report goes on to say that, "Dioxin is more toxic and potent than most compounds the EPA has studied. In addition, its margin of safety between exposure and health effects is smaller than other chemicals. The 39-member Committee agreed that people are being exposed to dioxin through the food they eat every day, with dairy products and meat contributing more than 90 percent of the daily intake of ingested dioxin." In addition, "the Committee agreed that dioxin comes from manmade sources like incineration, paper and PVC manufacturing, and the production of chlorinated pesticides and other organic compounds." Finally, in discussing her new book, Dying From Dioxin, Gibbs says, "We've documented how dioxin from incinerators and cement kilns is poisoning our food and our breast milk. We've described in detail how dioxin interferes with our bodies' most basic functions, leading to diabetes, endometriosis, immune system suppression, infertility and cancer. We've explained how the American people are full or nearly full of dioxin, making it a public health necessity that we stop dioxin pollution at its sources - immediately. But all of the evidence in all of the studies about the tremendous harm that dioxin is doing to our health won't, by itself, stop the poisoning." [Our underlining in above added for emphasis.]
In a letter dated 1-11-96 from Dave Koppel of County Environmental Health to Scott Gergus of NCRWQCB concerning the "Use of Masonite ash at the M&M (Cold Creek) Composting facility", it was stated that, "From the discussion of last week we understand the following:
* Masonite Ash has been extensively tested for many toxic substances (including dioxins, furans, polynucleated aromatic, and heavy metals).
* The data has been reviewed by the State Health Dept.(SHD)
* The SHD found that the ash is not a hazardous waste.
* Dave Snetsinger, Waste Water Engineer has reviewed the data and the State Health Department's opinion. Dave agrees that the ash is not a hazardous waste and additional regular testing of the ash is not necessary.
* M&M Feed is accepting Masonite Ash for use in their composting process.
Based on our discussion with you we will not be requiring any additional testing of Masonite Ash."
Why has the issue of cumulative effects never been addressed?
Mitigating the Mitigations
The original RSCI (Sept. 1994) has been amended, mitigated and revised several times. Here are several examples of these revisions: Fly ash from wood waste burners or co-generation facilities is now called wood ash and instead of feedstock it is considered an amendment. The Guntley ranch grew from 3,000 acres to 4,000 acres. The 5.5 acre pad on a 12.5 acre site is now a 6.0 acre pad on a 10 acre site. The staff report for Use Permit (11-17-94) states that the site is "700 feet higher and 1 mi. distant from the East Fork of the Russian River. The new project description says 600' above and 3/4 mi. distant from the Russian River. The staff report states design capacity is an average of 200 TPD.
The new project description says, "Design capacity is 400 TPD. The original RSCI states 10+- round trips for truck traffic. The project description estimated average daily traffic as 2 round trips. RSCI described collection ditches, sediment ponds, and a main pond for leachate control. The new project description says that during wet months all processing will take place under the roof and "no leachate generation is expected from this facility." The RSCI states, "Some materials may be odorous. This material is to be processed immediately. The odors and vectors will be controlled by processing incoming feed stock within 1 to 2 days." This has been changed to, "feedstock will be processed within 72 hours".
Issues of Trust
The Negative Declaration was adopted and the project approved on certain "conditions of approval...which will mitigate all environmental impacts to an insignificant level." In a document called Conditions for Approval for Use Permit #U 26-93 dated, 1-4-95, Item 17D states, "Composting materials shall not be deposited, stockpiled, composted, cured or processed out side the compost area." On 1-2-95 to the NW of the pad, on the edge of a steep bank, was about 20-50 yards of chicken manure and 24 hrs. later we had a 25 year storm event. In Oct. 1995 during an overflight of the site a large, white pile was observed off the pad and photographed. In a letter to John Morley, dated 10-5-95, Eric Anderson stated, "The feedstock you observed off the pad is currently being moved onto the pad." Mileck has requested that feedstock and amendments be stored off pad during dry weather. The request was denied. John Morely, Enviro. Health, wrote a letter (7-17-95) to Frank Zotter, County Counsel, asking, "Can the operator stockpile animal waste elsewhere on the Guntley ranch and then bring it to the compost facility to be processed?
The Jan. '95 Conditions for Approval states, "Prior to composting facility operations, applicant shall install fencing adequate to exclude range animals and contain litter". In his inspection report of 1-15-96, John Morley cited Cold Creek in violation (1786a5), i.e., cattle gaining access to the compost area. To date no fence has been installed. During this same inspection Cold Creek Inc. was also cited in violation (17867a2), i.e., drainage needs to be established to promote runoff from pad and away from stockpiled finished product. So much for, "No leachate will be generated".
These conditions that have been violated are related to environmental considerations. According to the Conditions for Approval, "Deletion of these conditions may effect the issuance of a Negative Declaration." These conditions which were supposed to be met "prior to use or occupancy" have not been met one year after the Negative Declaration was issued.
Maximum water requirements for the facility are 40,000 gallons per day obtained, to date, from the Russian River based on water rights held by Guntley Ranch. According to the Water Rights Control Board, Guntley does not have rights to Russian River water. His rights are limited to a specific site on Cold Creek.
According to the RSCI, weight and volume records "relating to incoming and out going material will be recorded in units of pounds or tons". I have copies of Cold Creek's incoming materials log from 10-30-95 to 1-30-96. Under the heading Quantity (in tons) the weight recorded for incoming materials was logged as "1 load" 54 different times. How much does "1 load" weigh? How can we trust that incoming materials won't exceed 400 TPD or 50,000 TPY?
I think that the permitting process for and the business practices of this facility stink more than the 400 TPD of manure allowed. Thousands of tons of waste should not be imported onto a ridge top directly above a major watercourse. Compost should not be manufactured on such a ridge top. The site is wrong.
Thanks to a lawsuit brought by neighbors of the Cold Creek Compost facility and by the Mendocino Environmental Center, there will be a public scoping session for an EIR concerning the composting operation. This scoping session will be held on Wednesday, March 20th, 2:30 p.m., in the Conference Room at Planning and Building Services, 589 Low Gap Road in Ukiah. Anyone with concerns about this composting operation should express those concerns by showing up and speaking at this EIR scoping session or by submitting written comments about project #U 26-93 to the Planning Dept. by April 6, 1996.
Copyright Mendocino Environmental Center 1997
Permission granted to excerpt or use this article if source is cited