BEFORE THE ENVIRONMENTAL QUALITY COMMISSION
OF THE STATE OF OREGON
In the Matter of )
) Final Contested Case Order
Pacific Western Company, ) No. WMC/SSW-NWR-98-060
) Clackamas County
Respondent ) (DEQ)
On May 3, 2001 the Environmental Quality Commission considered Pacific
Western company’s appeal of Hearing Officer Linda Lee’s decision and Order in this
matter dated March 29, 2000 and incorporated herein as Attachment A.1 The Commission
considered the exception s and brief submitted on behalf of the Respondent and also the
briefs submitted on behalf of the Department of Environmental Quality. The
Commission also heard oral arguments by William C. Cox on behalf of the Respondent
and Assistant Attorney General Larry H. Edelman on behalf of the Department.
The Commission affirms the March 29, 2000 Order of the Hearing Officer and
adopts it as its final Order with the following modification:
The Civil Penalty assessed by the Department and affirmed by the Hearing
Officer includes $15, 022 as the amount of economic benefit to the Respondent from
delaying the disposal to an authorized site. The Commission concludes that, given the fee
charged by the Respondent to accept the roofing materials, the economic benefit from the
delay will likely be off set by the costs of testing and disposal of the materials required by
the order. Accordingly, the economic benefit is reduced to zero and the total civil penalty
is reduced to $9,600.
Dated this 8th 2 day of June, 2001.
Neil Mullane 3
Stephanie Hallock, Director
Department of Environmental Quality
On behalf of the
Environmental Quality Commission
Attachment A is not included herein as it exists separately.
Electronic date added to replace the original lost during the reconstruction process 12/02/03.
Electronic signature added to replace the original lost during the reconstruction process 12/03/03.