Oregon cites Republic Services' Coffin Butte Landfill following worker complaints

Oregon OSHA has cited and fined Coffin Butte Landfill, owned by Republic Services, following investigations into worker complaints that they are exposed to dangerous conditions on the job.

The current and former employees of the landfill north of Corvallis have been taking their concerns around air and water quality and exposure to dangerous waste to OR-OSHA and the Oregon Department of Environmental Quality, as well as to company officials, for more than six months.

OR-OSHA recently completed two investigations into the complaints, and cited the company for three "serious" violations and one "other than serious" violation.

The violations include not evaluating employee respiratory hazards, not providing proper safety training, not ensuring floors are dry and not preventing fall hazards.

OR-OSHA fined Coffin Butte $180 for each violation, for a total of $720. It has set deadlines for landfill managers to correct the first two violations.

The state agency recommended Coffin Butte address additional hazards workers complained about, warning that the company could be cited and fined for the items in future inspections.

OR-OSHA opened a third inspection concerning the site on March 28, OR-OSHA spokesman Aaron Corvin said.

Workers say some of the concerns they’ve raised also could impact the landfill's neighbors. Some of those neighbors have asked the state to investigate, as has Beyond Toxics, a Eugene-based environmental group that works on solid waste issues.

“Safety costs money. That’s simply something the company is not going to do and hasn’t done for us,” former Coffin Butte employee and union steward Robert Orton said. “I am, all of us are, continually in an unsafe environment.”

Orton first talked with the Statesman Journal in early February. He said he was fired March 11, a week after he took his complaints to commissioners in Benton County, where the landfill is located.

In a written response to the Statesman Journal's questions, Phoenix-based Republic Services said it "places the highest priority on worker safety."

Despite being provided with the OR-OSHA citations, a company spokesperson repeatedly said there were only three violations.

"...two of the three were quickly corrected while OSHA was on site. The third, related to training, has also been addressed," the company wrote.

Complaints come as Oregon considers updating Coffin Butte Landfill's air qualify permit

The complaints and investigations come as Republic Services — the second-largest waste disposal company in the U.S. — is expected to soon apply for a significant expansion of the landfill, currently permitted for 178 acres.

They also come as DEQ considers whether to update the landfill’s air quality permit, which expired a decade ago. The landfill has been allowed to continue operating under its previous permit because the company filed a timely renewal application with DEQ in 2014.

The landfill’s future is important to Marion County residents.

Marion County garbage ratepayers paid to build the privately operated Covanta municipal waste incinerator in Brooks, where at least 125,000 tons of the county’s garbage is burned each year.

Coffin Butte takes even more waste from Marion County. In 2022, the last year for which figures are available, the landfill took 197,191 tons of municipal solid waste from Marion County, more than from any other county the landfill serves. And it took an additional 25,290 tons of ash from the Covanta incinerator.

That compares with 46,488 tons from Benton County, 42,585 tons from Polk County, to the north, and 4,855 tons from Lane County, to the south.

Coffin Butte workers share documentation they say is evidence of safety and environmental violations

Landfill workers provided the Statesman Journal with email exchanges they have had with Republic Services and with officials at DEQ and OR-OSHA discussing their concerns.

Those concerns include exposure to fugitive emissions and methane leaks, leachate mismanagement, and exposure to medical waste and other dangerous waste.

The workers also provided the state agencies and the Statesman Journal with photos and videos they say document those issues.

Landfill employees say fugitive emissions are not controlled

The photos and videos provided to DEQ and OR-OSHA show plumes of dust engulfing the site as materials are dumped into the landfill.

One of the substances shown in the photos is labeled Sorbacal, a lime and mineral product meant to capture micro-pollutants from factory emissions systems.

The workers say the used, contaminated Sorbacal came from Hollingsworth & Vose, a Corvallis glass fiber manufacturer.

In March, emails provided to the Statesman Journal show, DEQ Air Quality Division Administrator Ali Mirzakhalili told Beyond Toxics that Hollingsworth & Vose is now paying to have that waste disposed of in the asbestos section of the landfill.

DEQ spokesman Dylan Darling said said DEQ did not direct the landfill to make that change.

Workers say the other substance in the photos was ash from the Covanta municipal waste incinerator.

“You have workers up there who aren’t even in a cab,” Orton said. “You have Labor Ready (temporary) individuals. You have a multitude of people getting exposed to this.”

Beyond Toxics said it’s possible the materials also could drift into nearby neighborhoods.

“We are particularly concerned about the treatment of fly ash from Covanta. We don’t know the contents of the trucks, but if this were ash, that is a whole lot of toxic particles becoming airborne,” Mason Leavitt, of Beyond Toxics, told the Statesman Journal.

“How often does it happen? Well, if it’s not raining you can catch it on any given day,” Orton said.

Emails between the workers and DEQ show that DEQ contacted Coffin Butte about the complaint.

“That looks like caused by an improper unloading process,” DEQ environmental engineer Hugh Gao wrote to Republic Services environmental manager Ian McNab.

“I understand that some truck drivers are commercial haulers, not your landfill’s employees," Gao wrote. "However, we believe that your landfill is responsible to provide a guidance and/or procedure for people (included your customers) to conduct activities at your property that fulfills requirement of the (solid waste) permit.”

McNab later told Gao that what appeared to be dust in the photos actually was smoke from a fire to the north of the landfill. DEQ closed its inquiry, Darling said.

“DEQ has received complaints about Coffin Butte Landfill, including a complaint in October 2023 about potential dust emissions. DEQ has not confirmed violations at Coffin Butte Landfill based on recent complaints,” Darling said.

Republic Services officials did not respond to the Statesman Journal’s question about fugitive emissions complaints.

Workers document what they say is leaking methane at Coffin Butte

Coffin Butte workers also say they worry they are breathing hazardous levels of methane.

Last October, the Statesman Journal reported that a U.S. Environmental Protection Agency inspection found the landfill was leaking methane at levels that exceed state and federal limits and what the landfill had publicly reported.

Landfills are among the nation’s largest sources of methane, a greenhouse gas that’s more potent than carbon dioxide and a major contributor to climate change, according to the EPA.

The inspection report noted there were so many exceedances that the inspector ran out of marking flags. In some cases, levels were so high instruments could not measure them. And multiple exceedances were measured several feet in the air, “indicating substantial landfill gas plumes,” according to the report.

EPA environmental scientist Daniel Heins also expressed concerns in the report about Republic Services’ monitoring procedures.

In its monitoring reports, the company reported finding a total of six methane exceedances. Some reports had zero exceedances.

That compares with the 61 exceedances the EPA inspector found, “with 26 exceedances at gas collection wells that Republic should have specifically been monitoring on a quarterly basis," Heins wrote.

Orton, the former union steward, emailed Coffin Butte officials on Jan. 23, raising concerns about the methane leaks impacting worker health.

"Is the air here safe to breathe? Are employees being kept safe?" Orton wrote.

In a Jan. 26 email response to Orton, landfill manager Bret Davis noted that EPA did not cite the company following the inspection but that Republic Services had "since taken corrective action as recommended by EPA.”

Company officials did not respond to the Statesman Journal’s question about what the EPA had recommended the company do.

But EPA spokesman Bill Dunbar said EPA would not have asked the company to do anything yet because the case is still open.

“That’s weird,” he said about the company’s statement. “We don’t lay out any requirements for a facility until we’re working on a settlement.”

Typically, following an inspection with findings, EPA will file a complaint, which is a legal document that starts the settlement process, he said. Requirements eventually would be detailed in a compliance agreement and final order.

Republic Services officials told the Statesman Journal the problems have been fixed.

“During EPA’s June 2022 inspection, Coffin Butte was in the early stages of a weeks-long construction project to install six new vertical gas collection wells and nine new horizontal collection wells,” the company wrote.

“This work temporarily increased surface exceedances, which was noted by the EPA. In response, we completed the ongoing gas collection enhancement project and adjusted soil cover.”

But employees say problems remain.

“We’ve seen the carcasses of cats that have laid down next to a (methane collection) well because it’s warm and died from methane,” Orton told the Statesman Journal.

A week before he was fired, Orton provided a video to Benton County commissioners showing what he said is methane bubbling out of the ground on the working face of the landfill.

Coffin Butte must obtain the county's approval to expand. The county denied the company's expansion application two years ago. County officials have said they expect to receive a new application soon.

Commissioners did not respond to the Statesman Journal's inquiry about whether they would respond to the employee complaints.

Workers also allege Coffin Butte is mismanaging leachate

The workers say they’ve also reached out to DEQ about several concerns they have with the landfill’s management of leachate, or water that runs through or comes from waste, picking up contaminants.

First, they say, they are required to pressure wash equipment, which picks up garbage, on bare ground rather than a liner. And their shop, which also is not on a liner, often floods. That water picks up grease, oil and other contaminants as it continues running downhill.

“There’s a big stain on the wall where the leachate has stained the rock,” said Troy Paull, who worked at the landfill for seven years before leaving last fall. "We know it went down there because you can see it on the wall."

Orton sent the Statesman Journal a video he says shows the mechanic shop and grounds covered in garbage and dirty water, and another that he says shows new gravel covering the area after the company cleaned it up prior to an inspection.

The workers said the water ends up in containment ponds in a quarry controlled by Knife River, which supplies construction materials across 14 states.

Knife River is blasting and removing rock from the hillside where Coffin Butte plans to expand.

"Knife River is committed to careful stewardship of our environment," company spokesperson Jay Frank said. "We are unaware of any introduction of leachate into our Coffin Butte Quarry."

The landfill workers say Republic Services pumps water from the quarry into trucks, which is then sprayed on muddy or dusty roads to clean the roads.

“As the trucks come out of the quarry, they’re completely covering the road in dust that ends up as muck. You can almost slide off the road sometimes,” said Joel Geier, who has lived near the landfill for three decades.

“So, they send this water truck out every now and then to wash off the road. That means the contaminated water is actually being spread around the public roads in our neighborhood,” Geier said.

Republic Services officials denied those allegations.

Equipment is only “cleaned at the cell where we are actively depositing waste,” they said. “Any residual water that comes off the equipment goes into the cell, where it becomes leachate, which is then hauled away in accordance with all applicable rules and regulations.”

Company officials also said the truck that sprays roadways to control dust only carries potable water from the city of Adair.

Landfill workers' allegations of exposure to dangerous waste

Coffin Butte workers say they are exposed to medical waste such as needles, feces, animal carcasses, toxic chemicals and more.

The mechanics do repairs and maintenance on heavy equipment, such as bulldozers, compactors and wheel-loaders, that are used to move and compact waste in the landfill.

The workers say in order to do those repairs, they often have to lie down under the equipment, exposing their entire body to whatever is in the landfill.

They would like the company to provide protective equipment and a decontamination site, or at least a convenient handwashing station.

“The nearest running water is better than a quarter of a mile away,” Orton said.

Republic Services officials told the Statesman Journal it is not standard practice to lie down in the pit to fix equipment.

“If equipment needs to be repaired, it is towed to an area where it can be done so safely,” they wrote.

They also said that, in addition to permanent facilities on site, there is a handwashing station on the landfill’s working face, or the working surface where garbage is deposited.

“Employees are never more than five minutes away from a handwashing station,” they said.

Oregon OSHA investigation confirms some complaints about landfill operations

OR-OSHA launched its inspection into the landfill on Oct. 24, 2023. It issued citations on Feb. 22 and on March 28.

OR-OSHA cited Coffin Butte for not evaluating respiratory hazards for employees working in and around the landfill. The state ordered Coffin Butte to correct the violation by April 29.

"Employees were exposed to materials, such as methane and Sorbacal, while working in and around the landfill and at the top of the pit, and the employer did not conduct air monitoring to determine their exposure," the citation reads.

As part of its investigation, OR-OSHA conducted monitoring for methane, but said the results had too many errors to be used.

OR-OSHA cited Coffin Butte for not providing proper safety training.

"For employees working in and around the pit, and had exposure to potentially infectious materials, their bloodborne pathogen training was provided by a member of management, not a knowledgeable bloodborne pathogens trainer," the citation reads.

The company had until April 15 to correct the violation.

OR-OSHA also cited Coffin Butte for not ensuring the floor of the shop was clean and dry. The citation did not the address worker concerns about contaminated water running out of the shop. The company fixed the issue during the inspection.

And it cited the company for not properly securing acetylene and oxygen cylinders to ensure they could not fall. The company fixed the issue during the inspection.

OR-OSHA also issued the company "hazard letters" warning the company to take corrective measures to ensure compliance with the law.

Among those recommendations:

• Obtain objective exposure monitoring to ensure employees are not exposed to hazardous air contaminants or excessive air particulates. “The particulate in the air from the disposal of Sorbacal in the main pit could be hazardous to your employees,” the letter reads. “You need to evaluate their exposure under various working conditions and use that data to develop solutions to mitigate the hazard.”

• Determine whether employees should wear respiratory protection, and, if so, follow all state respiratory protection standards.

• Use proper material handling for Sorbacal and other materials that generate dust or powder. “The procedures described for this process and the video material reviewed of employees disposing of the Sorbacal waste show that excessive amounts of dust are released while totes are being dropped into the main pit. When machinery drives over these totes, additional material is disturbed,” the letter reads. “This process needs to be assessed for the potential to contain asbestos as well as the inhalable and total respirable dusts that employees are exposed to.”

• Improve handwashing facilities. The letter noted that using hand sanitizer, which was provided to employees, is not adequate where there are concerns of chemical exposure. “While handwashing facilities were offered at the upper shop area, employees working at/around/in the pit did not have access to handwashing facilities in a manner that would prevent cross-contamination in vehicles while accessing the facilities,” the letter reads.

DEQ has received 45 complaints about Coffin Butte Landfill over the past year, Darling said. Most were about air-quality issues.

DEQ has not taken any formal enforcement actions against Coffin Butte in the past year. But that doesn't mean it hasn't taken more informal actions, Darling said.

"We take every complaint seriously. We have looked into each," he said.

DEQ makes announced and unannounced inspections at Coffin Butte, Darling said. DEQ last inspected the landfill under its air quality permit on July 7, 2022, and under its solid waste permit on Nov. 8. 2023.

Coffin Butte mechanics' contract negotiations include safety concerns

Coffin Butte’s seven mechanics went on strike on Sept. 11, 2023, picketing in front of the landfill every day for two months.

Contract negotiations centered on pay and insurance contributions, as well as safety concerns.

The mechanics returned to work on Nov. 13, but still are negotiating with the company.

On Jan. 5, Republic Services sent employees an email saying it was implementing a new workplace recording policy that prohibits taking photos or videos of confidential business information, or of company contractors.

“It's not right for these employees to risk their health just by doing their job. We all owe the workers at Coffin Butte our respect and appreciation for their eye witness accounts of the dangerous operational practices at this landfill,” said Lisa Arkin, executive director of Beyond Toxics.

“While they are on the frontlines of exposure to toxic dust and methane gases, these hazardous exposures are also taking a toll on human health and the environment for the surrounding communities,” Arkin said.

Tracy Loew covers the environment at the Statesman Journal. Send comments, questions and tips: tloew@statesmanjournal.com or 503-399-6779. Follow her on Twitter at @Tracy_Loew

This article originally appeared on Salem Statesman Journal: Coffin Butte Landfill given citations after worker complaints