By Ed Jones, Chair, Linnton Neighborhood Association
The Linnton Neighborhood Association (LNA) Board of Directors approved and submitted comments on the Environmental Protection Agency’s draft Community Impacts Mitigation Plan for the Portland Harbor Superfund cleanup project.
The objective of the Mitigation Plan is to reduce the impact the anticipated thirteen years of work will have on those who live or work in or close to the work sites. As a riverfront neighborhood, Linnton has two nearby sites, Superfund site B1a runs along our waterfront and just across the river is the Terminal 4 site.
The Mitigation Plan acknowledges that the work will be disruptive for those nearby. It identifies a community concern with responsiveness to complaints over the years-long duration of the project. It acknowledges that the work may increase the volume of complaints to existing hotlines, such as the Portland Noise Program or DEQ odor complaints.
The LNA comments focused on the complaint process with particular attention to the proposed plans for responding to residents’ noise complaints.
The Plan does not describe how noise complaints will be processed other than suggesting a consultation between the EPA and contractor. It proposes to have noise complaints about Superfund work redirected from the city’s noise complaint process to a project hotline where complaints will be addressed, most likely, by the contractor performing the work who will determine whether their own activities are in violation of the city’s noise regulations. The Plan has no process or timeline for the investigation of complaints and no requirement for an independent assessment of the complaints.
While the plan makes commendable recommendations about noise control, none of those recommendations are requirements and their lack of enforceable status makes them misleading. An example of what is recommended, but not required, is a recommendation to limit the loudest work to the hours between 8 am and 6 pm. In other words, round-the-clock work is permitted, regardless of the noise level. Nor would contractors be required to engage in outreach with residents and businesses located near the work sites.
Since the Plan acknowledges the work will exceed what is allowed under the City’s noise regulations, the Plan should require contractors to obtain noise variances. The terms of the variances should be written into the work plans and made enforceable by the EPA.
To read LNA’s comments, go to: https://tinyurl.com/3t4rrusx