Salem developer Chuck Sides fined for open-burning demolition waste, garbage on site near school

Tracy Loew, Salem Statesman Journal
·6 min read

Corrections & Clarifications: This story has been updated to reflect that Alpha 3 sold its property to Chuck Sides' company in August. DEQ is deciding whether to remove Alpha 3 from the case.

Oregon environmental regulators have fined Salem developer Chuck Sides for repeatedly open-burning demolition waste and garbage containing metal and plastic on a property just outside city limits, less than a half-mile from Miller Elementary School.

The Department of Environmental Quality fined Sides, along with two limited liability companies involved in developing the 19-acre property, a total of $5,309.

One of the companies, 1800 Cordon Road SE, is controlled by Sides. The other, Alpha 3, previously owned the property and is controlled by Hunter Zeeb, Jeffery Zeeb and Oliver Raab.

The respondents have appealed the fine, DEQ spokesperson Lauren Wirtis said.

Alpha 3 sold the property to 1800 Cordon Road in August. DEQ officials said they are weighing whether to remove the company from the case.

“When we issued the case, the county records indicated that Alpha 3 was a property owner. However, Alpha 3 has since let us know that they had sold the property to Mr. Sides,” Wirtis said. “DEQ staff have requested and will review additional documentation from Alpha 3 about the sale.”

In an interview Thursday, Sides said neighbors had asked him to clear the site because people were camping there. He said he thought he had permission to burn from the Salem fire marshal and the Marion County Planning Department.

Fire Marshal Paula Smith said the district does not control burning regulations.

According to DEQ’s penalty letter, last fall Sides and the companies cleared the property, at 1800 Cordon Road SE, of trees, bushes and vegetation to make it more suitable for development.

They placed the vegetation, along with an unknown amount of garbage, in large waste piles scattered throughout the property.

Between Oct. 12 and Oct. 15, they burned at least three of the piles.

Open burning is prohibited within the Salem/Keizer Urban Growth Boundary, where the property is located, without a backyard burn permit. Sides obtained that permit, Wirtis said, but it expressly prohibits burning materials generated by clearing land for improvement or development.

At least some of the burning was conducted at night, in violation of state law, officials said.

DEQ inspected the property on Oct. 15, and found about 10 staged burn piles, including several that were actively burning. Inspectors noted “the air was thick with smoke and smelled of burning wood and plastic.”

Inspectors visited again on Oct. 20 and noted at least one burning pile on the property.

DEQ issued a pre-enforcement notice on Oct. 26, notifying Sides that DEQ considered the burning to be in violation of Oregon law. DEQ asked Sides to stop burning demolition waste and prohibited materials, and to submit a plan for proper disposal of the waste.

On Nov. 1, DEQ inspectors saw at least one pile on the property was burning. On Nov. 12, inspectors found some smoldering piles but no active fires. On Feb. 9, inspectors saw at least one pile was burning.

Sides told DEQ the burning was conducted under an agricultural exemption. But DEQ officials said there was no evidence that the removal of trees and vegetation was an agricultural operation. And Oregon’s open burning rules do not have exemptions that allow burning of metal, plastic or other prohibited materials.

“The open burning of prohibited material, such as plastics, creates smoke and noxious odors, which are a nuisance and possible health hazard for the young, the elderly and those with respiratory diseases,” DEQ wrote in its penalty order. “In some instances, toxic levels of chemical exposure can result from open burning of these materials.”

Sides has partially cleaned up the site, Wirtis said. As of March 4, a number of waste piles, including partially burned piles, garbage, metal, plastic, and about 60 waste tires remained at the property.

DEQ ordered Sides to clean up the rest of the property and submit disposal documentation and photographs of the completed cleanup. That requirement is on hold until the appeal is settled, Wirtis said.

DEQ also recently issued a separate civil penalty to Sides for conducting construction activities without the required stormwater permit. Sides paid $1,600 for that violation.

Sides has been developing properties in the Willamette Valley since 1979. His projects include the Keizer Station and Keubler Gateway shopping centers. He is a former state representative.

11 fines levied during April

The fine was among 11 the department levied during April, totaling $115,649.

Recipients can appeal their fines by requesting a hearing within 20 calendar days of receiving their penalty letter. DEQ sometimes reduces or eliminates fines after appeals. Recipients also may be able to resolve part of their penalties by completing or sponsoring an environmental project instead of paying a fine.

Here are the other fines:

For emergency response violations

  • Arnold J. Thomas & Son, Inc. dba Thomas & Son Distributors, Tualatin, $36,000: For spilling 25 gallons of diesel fuel from a truck, causing pollution to Hedges Creek in Tualatin and adjacent wetlands; and for failing to immediately clean up the spill as required by Oregon law; and for failing to submit a complete spill report to DEQ.

For air quality violations

  • Farm Power Misty Meadow, Tillamook, $20,369: For violating its air quality permit by failing to properly operate a flare or report flare malfunctions between Jan. 1, 2019 and Nov. 9, 2021.

  • Traeger Pellet Grills, Redmond, $8,434: For exceeding the particulate matter emission limits in the facility’s air quality permit, and for submitting an annual report that included incorrect emission calculations.

For asbestos violations

  • Zien Phan, Portland, $19,200: For performing an asbestos abatement project without a license, and for openly accumulating asbestos-containing waste material at the C-Bar, at 2886 SE Gladstone St. in Portland.

  • Banyan Tree Investments, Portland, $7,200: For allowing an unlicensed person to perform an asbestos abatement at the C-Bar, at 2886 SE Gladstone St. in Portland, and allowing the contractor to leave asbestos-containing waste on the property.

  • Multnomah County, Portland, $3,211: For allowing an unlicensed contractor to perform an asbestos abatement project at a residential property, at 6847 N. Maryland Ave. in Portland, as part of its Weatherization & Energy Services Program.

  • Aladdin Heating & Air Conditioning, Portland, $2,200: For performing an asbestos abatement project without being licensed, at a residential property, at 6847 N. Maryland Ave. in Portland, as part of Multnomah County's Weatherization & Energy Services Program.

For water quality violations

  • City of Vernonia, Vernonia, $7,800: For discharging untreated sewage mixed with stormwater to Rock Creek and the Nehalem River from around Jan. 2-3, 2022 and Jan. 7-9, 2022, and for failing to timely report the discharges.

  • Oregon Department of Transportation, Dodson, $3,900: For violating a water quality permit during the Tumult Creek Restoration Project in Multnomah County. Specifically, it violated a provision to stop work when operations cause high turbidity in the creek.

  • Westport Sewer Service District, Westport, $2,025: For exceeding E. coli bacteria limits in its wastewater discharge 18 times, and exceeding pH limits four times.

Tracy Loew is a reporter at the Statesman Journal. She can be reached at tloew@statesmanjournal.com, 503-399-6779 or on Twitter at @Tracy_Loew.

This article originally appeared on Salem Statesman Journal: DEQ fines Salem developer for open-burning demolition waste, garbage