Public Health Development Standard

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Public Health Development Standard

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UPDATE: VICTORY FOR ENVIRONMENTAL JUSTICE!

The Eugene City Council voted unanimously to direct city planning staff to draft an ordinance to create a public health zoning code that will protect the health of residents and school children from industrial air, water and soil pollution. Councilors agreed: “No more J.H. Baxters in Eugene!” We will be the first Oregon city to embed health into our local land use laws!

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Support the work to create a Public Health Overlay Zone in Eugene!
Take Action to protect Eugene’s air, water and soils NOW!

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UPDATE for Fall 2024

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Over a year ago–October 2023–the Eugene City Council held a work session (see the recording from the Oct. 18th work session on YouTube), at which time they voted unanimously to update our land use codes with public health criteria. This vote was in response to community concerns that industrial manufacturers and other polluters who want to do business in Eugene will continue the current pattern of releasing their chemicals into overburden neighborhoods that have historically suffered from cumulative pollution, disease and reduced property values. The city councilors stated their support for integrating public health criteria into land use codes that guide urban development.

For example, plans for the new ordinance may impose specific requirements on new industrial polluters that prevent them from constructing facilities near homes and schools. These new regulations would create a buffer to protect schools and homes.

Over the past year, the City has delayed taking action on their recommendations. While the public waits, industrial developments have continued to apply for permits to locate in West Eugene. The most concerning is the proposal made by a Texas-based crude oil company to build a massive biofuel train-to-truck transfer facility across the street from homes and parks in the Trainsong neighborhood. (see more about our Justice for Trainsong campaign)

Another example is the City’s continued approval of new gas stations. Gas stations are associated with higher rates of childhood leukemia, however the City’s Planning Department approved of new gas stations with a few yards of homes!

Another concern is the Westgate project off Danebo Road, which proposes to subdivide 72 acres of land zoned heavy industrial into smaller lots for industrial development. Homes are within yards of this development, but the City also approved this project without referring to any criteria to protect the health of nearby neighbors.

By neglecting their public pledge to adopt public health development standards, The City is unable to evaluate any of these proposals on the basis of public health and safety. They claimed they had no choice but to approve the fuel transfer station for construction! Instead of the City exercising their authority to protect people, maintain infrastructure and prevent emergencies, they rubberstamped the fuels transfer operation. Had the Public Health Development Standards been in place, the City would have the tools to fully evaluate and possible reject the applicant’s proposal.

Let’s not forget the proposed J.H. Baxter Superfund site: how will the City decide what to allow on this 40 acre property if the City continues to delay adopting public health development standards?

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Over a year ago–October 2023–the Eugene City Council held a work session (see the recording from the Oct. 18th work session on YouTube), at which time they voted unanimously to update our land use codes with public health criteria. This vote was in response to community concerns that manufacturers and other polluters who want to do business in Eugene will continue to operate near home, schools, parks and will overburden neighborhoods who have historically suffered from pollution, disease and reduced property values. The city councilors stated their support for integrating public health criteria into land use codes that guide urban development.

Over the past year, the City has delayed taking action on their recommendations.

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The City of Eugene has pledged to move to adopt the concept of a Public Health Overlay Zone. City leaders are calling the principles “Public Health in Land Use Zoning.”

After an October 2023 city council work session (see the recording from the Oct. 18th work session), the council voted to update our land use codes with public health criteria in response to the community support for the Public Health Overlay Zone (PHOZ) concept. The city councilors are supportive of integrating public health criteria into land use codes that guide urban development. For example, plans for the new ordinance may impose specific requirements on new industrial polluters that prevent them from constructing facilities near homes and schools. These new regulations would create a buffer to protect schools and homes.

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See the decision on the City of Eugene Public Meetings YouTube page (recorded October 18th):
https://www.youtube.com/live/6oX3FS7R_Tk?si=IgknagvMybonYVg7&t=846

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Our request to the City of Eugene
Eugene Comprehensive Plan Amendments for a Public Health Development Standard

A Proposal Offered by Beyond Toxics

Request to City Council
It is critical the City of Eugene move forward in its development and adoption of Public Health Development Standards to protect public Health. In October 2023, the Eugene City Council unanimously directed staff to develop Public Health Development Standards to protect public health based on the previous negative experiences of the community with polluter JH Baxter, a wood preserving facility that contaminated nearby homes with dioxins (a powerful carcinogen). When approved, staff stated a goal of presenting a policy to Council in the summer of 2024. Since that time there have been additional developments of concern to the Bethel community; including the completed construction of a gas station on Barger across the street from families homes and new proposals for a Biofuels distribution facility and the development of a Westgate Industrial Park, which would develop twenty seven I-3 Heavy Industrial lots adjacent to homes. It is critical that Council move to adopt a Public Health Development Standard Policy as soon as possible to prevent the potential negative public health impacts from the development of these facilities without public health standards being in place.

Background
Potential public health, environmental and climate threats to impacted communities merit a higher level of engagement, review, and consent to ensure that communities are not forced to bear disproportionate risks. The burden of proof that a proposed action will not harm communities, including through cumulative exposure effects, should fall on polluting industries and on the local Government in its zoning and regulatory role, not the communities themselves.

All people have the right to breathe clean air where they live, learn and play. To correct past patterns of environmental harm and chronic health disparities from exposure to industrial air pollution, it is the responsibility of Eugene City Government to identify sensitive sites adjacent or near to lands zoned or proposed to be developed for industrial manufacturing prior to application approval.

Eugene has pledged “No more J.H. Baxters!”
Under OAR 660-009-0020-0025, state law requires cities and counties mustdesignate lands for industrial and other employment uses. These OARs contain language that encourages cities and counties to strive for “compatibility” between industrial uses and non-industrial uses, and identify strategies for mitigation for instances of incompatibility, such as: transition areas, design criteria, district designation, and limiting of non-essential uses.

The City of Eugene can build off the state requirements by intentionally making health and safety part of their mitigation strategies. For example, impacts to communities from air, land and water pollution can be mitigated by establishing public health safeguards within 1/4 mile of sensitive sites. Sensitive sites are defined as places where people are most likely to reside, study, heal and be cared for. This includes homes, apartments, parks and playgrounds, public and private schools and school yards, preschools and daycares, nursing homes, hospitals and licensed care facilities).

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Request to City Council
It is critical the City of Eugene move forward in its development and adoption of Public Health Development Standards to protect public Health. In October 2023, the Eugene City Council unanimously directed staff to develop Public Health Development Standards to protect public health based on the previous negative experiences of the community with polluter JH Baxter, a wood preserving facility that contaminated nearby homes with dioxins (a powerful carcinogen). When approved, staff stated a goal of presenting a policy to Council in the summer of 2024. Since that time there have been additional developments of concern to the Bethel community; including the completed construction of a gas station on Barger across the street from families’ homes, and new proposals for a biofuels distribution facility and the development of a Westgate Industrial Park, which would develop twenty seven I-3 Heavy Industrial lots adjacent to homes. It is critical that Council move to adopt a Public Health Development Standard Policy as soon as possible to prevent the potential negative public health impacts from the development of these facilities without public health standards being in place.

Background
Potential environmental and climate threats to impacted communities merit a higher level of engagement, review, and consent to ensure that communities are not forced to bear disproportionate environmental and health risks. The burden of proof that a proposed action will not harm communities, including through cumulative exposure effects, should fall on polluting industries and on the local Government in its zoning and regulatory role, not the communities themselves.

Eugene has pledged “No more J.H. Baxters!”
Under OAR 660-009-0020-0025, state law requires cities and counties to designate lands for industrial and other employment uses. These OARs contain language that encourages cities and counties to strive for “compatibility” between industrial uses and non-industrial uses, and identify strategies for mitigation for instances of incompatibility, such as: transition areas, design criteria, district designation, and limiting of non-essential uses.

The City of Eugene must evaluate impacts to communities and establish public health safeguards within 1/4 mile of sensitive sites. Sensitive sites are defined as places where people are most likely to reside, study, heal and be cared for. This includes homes, apartments, parks and playgrounds, public and private schools and school yards, preschools and daycares, nursing homes, hospitals and licensed care facilities).

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Safeguards within the Public Health Development Standards zone separate pollution from sensitive sites by adopting the following criteria for industry within ¼ mile of sensitive sites:

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No emissions requiring an air contamination discharge permit.

No truck idling.

No fuel transfer stations or fuel distribution businesses using liquid fuels or natural gas.

Rejecting polluting industries that are listed on the adopted Prohibited Uses for industrial manufacturing, processing or distribution.

City will amend and adjust its Land Use Compatibility process to include code changes and criteria adopted as the Public Health Development Standard as part of the Eugene Comprehensive Plan.

If adopted, this policy has the opportunity to ensure that Eugene grows its economy responsibly, without placing an undue burden on our most vulnerable community members, while also helping to alleviate conflicts associated with industrial zoning. This will, in turn, make industrial development more predictable for companies and communities alike.

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Public Disclosure
The City will require the applicant to disclose development plans for manufacturing in light, medium or heavy industrial areas. The City will deny permits for industrial sites that are a Prohibitive Use and/or require an air contaminant discharge permit or emission control equipment on lands within ¼ mile of a sensitive site(s).

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J.H. Baxter shows the need for the City to take proactive measures to stop bad polluters before they locate near residences. We also need to hold companies accountable if they are bad actors.

Please take a moment to email your city councilor and thank them for supporting this historic step toward environmental justice!

Find your city councilor by finding which ward you reside in
Contact your city councilor
Send an email to all city leaders at once: [email protected]

Eugene council takes step to create rules they say will protect the city from polluters by Alan Torres, Eugene Register-Guard (PDF)

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See also the video recording of the April 10th meeting on YouTube.

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The Clear Lake Overlay Zone is a model that can be used and expanded on to protect the public in other parts of the City where Industrial lands are currently close to homes, schools and parks, or may be so designated in the future. The Clear Lake Overlay Zone prohibits some of the worst polluters known to emit chemicals that cause cancer, heart disease and pulmonary disease from operating in our city.

Eugene has the authority to make decisions about how we will deal with new and existing public health threats by building protections into our local land use codes. Authority can be spelled out through updates to the City’s land use codes or through an overlay zone.

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Beyond Toxics is fighting for better air quality!

To make a difference, we need your voices showing support for prioritizing public health over increasing industrial emissions inside our urban boundaries!

Join Beyond Toxics to fight for better air quality!

What are the primary reasons to support incorporating public health into land use planning?

What does it mean to build public health into land use planning?

A Public Health Development Standard is an additional land use zoning code that applies to established residential neighborhoods and industrial zones. These types of zones are designed to ensure that future land development projects promote a healthy environment and improved quality of life for surrounding neighborhoods.

The City of Eugene was the first city in Oregon to adopt a land use concept with environmental and climate justice goals stated as a primary purpose. The ordinance was adopted in 2017 following strong advocacy by Beyond Toxics when the Bethel community learned that the City planned to annex industrial lands to add substantial additional acres for industrial and manufacturing jobs in the Clear Lake Road area in West Eugene. The Clear Lake Overlay Zone was adopted as part of the City’s Land Use Codes Chapter 9, Sections 9.4150- 9.4170

As stated by the City, the Clear Lake Overlay Zone was adopted “as a means to ensure future development fulfills the community’s desired outcomes for economic prosperity and increased employment opportunities, while addressing environmental justice concerns. The /CL Overlay implements supporting comprehensive plan policies that call for fairness and equity in achieving a healthy environment, vibrant community, and improved quality of life for surrounding neighborhoods.” [See Clear Lake Overlay Zone Purpose 9.4150]

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What will this do for Eugene communities?
The Public Health Development Standard will uphold the community’s values around environmental justice, climate change, sustainability, health, and conservation of natural resources. These new rules are designed to reduce pollution and improve public health for the local community going forward.

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Why do we need to include public health into land use planning?
We must demand that the City of Eugene takes immediate steps to adopt the concept of a Public Health Development Standard.

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A Public Health Development Standard can protect our community by:

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Beyond Toxics is fighting for better air quality!

Beyond Toxics is fighting to get ahead of the pollution problems confronting our neighborhoods. Based on what we have all learned from the debacle of extreme community harm caused by J.H. Baxter, we proposed that the City of Eugene adopt wh at is known as a Public Health Overlay Zone. Your voices showing support for prioritizing public health over increasing industrial emissions inside our urban boundaries finally made a difference!

What are the primary reasons to support the idea of incoporating public health into land use planning?

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Banning the most toxic potential land uses.

Creating 1/4 mile buffer zones between industrial facilities and residential, park, and school zones.

Build requirements into city code that requires an equity analysis and a health risk analysis.

Why these objectives are important?

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Most of the large polluters in Eugene are located in or near West Eugene neighborhoods thus leading to the worst pollution problems. West Eugene has large sections of industrial land and freight rail lines adjacent to residential properties and located near schools and parks, including the industrial corridors along Highway 99 and Roosevelt Boulevard. For these reasons, it is clear that West Eugene neighborhoods can greatly benefit from a public health overlay zone!

J.H. Baxter clearly showed the need for the city to take proactive measures to stop bad polluters before they locate near residences. We also need to hold companies accountable if they do not act in the public’s interest.

The Clear Lake Overlay Zone is a model that can be used and expanded on to protect the public in other parts of the city where industrial lands are currently close to homes, schools and parks, or may be so designated in the future. The Clear Lake Overlay Zone prohibits some of the worst polluters known to emit chemicals that cause cancer, heart disease and pulmonary disease from operating in our city.

Eugene has the authority to make decisions about how we will deal with new and existing public health threats by building protections into our local land use codes. Authority can be spelled out through updates to the city’s land use codes or through an overlay zone.

Public health criteria can give city planners the opportunity to evaluate industrial development using criteria that reflect our community’s needs, rather than finding themselves limited to outdated land use codes that were written to benefit polluters.

What is an Overlay Zone for public health?

An overlay zone is an additional land use zoning code that applies to established residential neighborhoods and industrial zones.

A Public Health Overlay Zone is an additional land use zoning code that applies to established residential neighborhoods and industrial zones. These types of zones are designed to ensure that future land development projects promote a healthy environment and improved quality of life for surrounding neighborhoods. The City of Eugene adopted a similar land use concept in 2017 when it annexed lands to add acres for industrial and manufacturing jobs in the Clear Lake Road area in West Eugene.

Risk Bonds are used to ensure financial responsibility for the impacts of future releases on surrounding neighborhoods and public infrastructure.

What will this do for Eugene communities?
The Public Health Overlay will uphold the community’s values around climate change, sustainability, health, local food systems, and conservation of natural resources. These new rules are designed to reduce pollution and improve public health for the local community going forward.

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What does it mean to build public health into land use planning?

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A Public Health Overlay Zone is an additional land use zoning code that applies to established residential neighborhoods and industrial zones. These types of zones are designed to ensure that future land development projects promote a healthy environment and improved quality of life for surrounding neighborhoods.

What will this do for Eugene communities?
The Public Health Overlay will uphold the community’s values around environmental justice, climate change, sustainability, health, and conservation of natural resources. These new rules are designed to reduce pollution and improve public health for the local community going forward.

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Why do we need to include public health into land use planning?

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Eugene is moving to adopt the concept of a Public Health Overlay Zone.

A Public Health Overlay Zone can protect our community by:

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Banning the most toxic potential land uses

Creating 1/4 mile buffer zones between industrial facilities and residential, park, and school zones

Build public health requirements into city code

Banning the most toxic potential land uses

Creating ¼ mile buffer zones between industrial facilities and residential, park, and school zones

Build public health requirements into City Code

Why these objectives are important

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Send our Fast Response form directly to Eugene Mayor Lucy Vinis and all Eugene’s City Councilors. You will have a chance to make your own comments. Please be sure to relay how you and your family wil be affected.

Send an email or call your city councilor and the Mayor. Find your City Councilor->>

Let them know that you want to see our City step up to protect all our residents from air, water and soil pollution.

TAKE ACTION TODAY

* Send our FAST RESPONSE form directly to Eugene Mayor Lucy Vinis and all Eugene’s City Councilors. You will have a chance to make your own comments. Please be sure to relay how you and your family wil be affected.
* Send an email or call your city councilor and the Mayor. Find your City Councilor->>
* Let them know that you want to see our City step up to protect all our residents from air, water and soil pollution.

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Talking Points

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J.H. Baxter shows the need for the city to take proactive measures to stop bad polluters before they locate near residences. We also need to hold companies accountable if they do not act in the public’s interest.

Eugene has the authority to make decisions about how we will deal with new and existing public health threats by building protections into our local land use codes. Authority can be spelled out through updates to the city’s land use codes or through an overlay zone.

MORE on the steps the City of Eugene took last October 2023…

Eugene council takes step to create rules they say will protect the city from polluters by Alan Torres, Eugene Register-Guard (PDF)

See the decision on the City of Eugene Public Meetings YouTube page (recorded October 18th):
https://www.youtube.com/live/6oX3FS7R_Tk?si=IgknagvMybonYVg7&t=846

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Resources

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Let them know that you want to see our city step up to protect all our residents from air, water and soil pollution.

TAKE ACTION TODAY

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Sign The Petition Below Today!

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Send our Fast Response form (below) directly to Eugene Mayor Lucy Vinis and all of Eugene’s City Councilors. You will have a chance to make your own comments. Please be sure to relay how you and your family will be positively affected by a Public Health Overlay Zone.

Send an email or call your City Councilor and the Mayor. Find your City Councilor->>

Let them know that you want to see our city step up to protect all our residents from air, water and soil pollution.

TAKE ACTION TODAY

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We will keep you appraised of progress in forthcominge-alerts.
Sign up below for the Beyond Toxics e-alerts list to stay informed.

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