Portland Scrap Yard Fire – NW Metals

​The Multnomah County Circuit Court entered a Permanent Injunction in DEQ’s action against NW Metals on June 21, 2021. The Permanent Injunction extends DEQ’s regulatory reach so that if NW Metals violates any applicable environmental requirement of these laws in the future, it may be subject to a contempt of court order, which is punishable by a penalty and jail sentence for its senior management.

In addition, the injunction grants DEQ the power to inspect NW Metals’ facility at any reasonable time and without NW Metals’ consent. Denying a DEQ inspector reasonable access to perform an inspection may also subject NW Metals and its management to a contempt of court order.

DEQ’s administrative enforcement order that assesses civil penalties to NW Metals is still pending before the Oregon Court of Appeals.

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In March 2021, DEQ issued NW Metals submitted an application for an air quality permit for its metal shredder at its new location on N. Columbia Boulevard, imposing strict operating limits and giving DEQ regulatory oversight to hold NW Metals accountable.  Under this air quality permit, NW Metals must:

• Limit the number of hours it operates its shredder
• Implement additional operational requirements, such as a dust control plan
  
• Monitor site conditions and report regularly to DEQ
  

DEQ's escalated enforcement response, as described in the milestones listed below, provides an additional measure of compliance accountability, specifically by seeking a permanent injunction that could put NW Metals in contempt of court for future violations. As of today, the permanent injunction is awaiting a hearing in the state Court of Appeals. DEQ can also suspend, revoke or refuse to renew a permit in situations where a facility continuously refuses to comply.

For more information about this permit, go to NW Metals air quality permit page.​

​In February 2020, NW Metals submitted an application for an air quality permit for its location on NE Killingsworth, which was deemed complete in March 2020, and has worked with DEQ's Cleaner Air Oregon program to complete a risk assessment based on its air emissions. Partway through the risk assessment, NW Metals re-located from the NE Killingsworth site where the 2018 fire in the Cully neighborhood occurred to an industrial location on North Columbia Blvd. NW Metals submitted an updated application in August 2020. The requirements of the Preliminary Injunction (see May 2020 update below) – including the prohibition on NW Metals operating its shredder until DEQ has issued an air permit – remains in effect at the new location.

The CAO analysis was completed fall 2020 and its results have been incorporated into a draft air quality permit, which went out for public notice and comment on Nov. 6, 2020. For more information on the public participation process go to ordeq.org/nwmetals.​

​Since obtaining a Temporary Restraining Order from the Multnomah County Circuit Court in November 2019, DEQ's efforts to bring NW Metal into compliance continue on several fronts.

The Multnomah County Circuit Court issued a Preliminary Injunction on Feb. 25, 2020 which incorporated the requirements of the Temporary Restraining Order but also ordered NW Metals to cease operating its metal shredder until a complete air quality permit application was submitted and DEQ issued the permit. Because of the Preliminary Injunction, NW Metals has not operated its metal shredder, a source of air pollutants, since March 4, 2020.

Concurrently, on May 7, 2020, the Environmental Quality Commission heard NW Metal's appeal of the Administrative Law Judge's Order upholding DEQ's civil administrative enforcement action against NW Metals. The judge's Order (issued August 2019) upheld DEQ's formal enforcement action citing NW Metals for nine violations of state environmental laws and ordering corrective actions. The commission affirmed the judge's Order and issued a final order ruling in favor of DEQ on all counts. NW Metals has appealed the final order to the Oregon Court of Appeals. A date has not yet been set for a hearing on that appeal. 

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• Immediately cease shredding waste tires
• Store all tires in accordance with standards within 10 days
• Cease operations of prohibited underground injection systems within 10 days
• Submit an air quality permit application for all shredders within 10 days
• Implement the work plan and submit documentation to DEQ demonstrating completion within 20 days
• Submit a plan to DEQ for approval demonstrating how storm water runoff will be contained within 10 days and implement that plan within 30 days of approval
• Reimburse DEQ for its “remedial action costs” incurred to respond the disaster at the NW Metals site

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• Required NW Metals to prevent stormwater from entering drywells on the site: Recent DEQ inspections indicate the site’s drywells, also called underground injection control devices, are temporarily sealed and that stormwater is no longer entering them. However, NW Metals has not yet submitted a proposed stormwater management plan to DEQ and the facility is still out of compliance with the enforcement order DEQ issued on Aug. 30, 2018.
• Cited NW Metals and FHA Holdings for additional violations of Oregon law: DEQ issued an amended enforcement notice on Dec. 3, 2018, citing NW Metals for failing to apply for an air quality permit for its shredder and for failing to implement the cleanup work as required by the order DEQ issued on March 28, 2018. The additional violations increase NW Metals’ total civil penalty to $77,419. DEQ also amended the enforcement notice for the property owner, FHA Holdings, and increased its total civil penalty to $43,954. NW Metals and FHA Holdings appealed the initial violations, and DEQ has referred the case to Oregon’s Office of Administrative Hearings for a contested case hearing.
• Oversaw cleanup and sampling activities: DEQ oversaw sampling and conducted a preliminary review of contamination at two residential properties adjacent to NW Metals, as well as of the drywells on the NW Metals site. Initial sampling results are summarized as follows:
• Soil samples from the two neighboring residential properties showed levels of contaminants either considered typical for urban soil or below “residential risk-based levels,” which are set to be protective of people who might live on the properties. Since these two properties are directly adjacent to NW Metals and were at the epicenter of the March 12 fire, DEQ would expect levels of fire-related contamination to be even lower in other areas of the Cully neighborhood.
• Samples of solids from the drywells showed levels of contamination either considered typical for an urban environment or below “occupational risk-based levels,” which are levels meant to protect people who might be working on the site.
• The results from both the adjacent properties and the drywells suggest that environmental impacts from industrial and fire activities on the site may be relatively limited. However, additional data is needed to confirm this preliminary review.
• DEQ’s cleanup coordinator conducted a site inspection on November 29, 2018. DEQ confirmed NW Metals’ shredder equipment is operational and has made some progress shredding burnt cars for recycling. NW Metals still needs to remove cars and debris before on-site soil sampling can be completed. DEQ will continue overseeing work at the site until all cleanup requirements are complete.
• Consulted with the City of Portland concerning environmental and health risks at the site and potential steps to address risks. DEQ will continue acting to address current and potential future risks at this site and assure that NW Metals operates in full compliance with environmental laws.

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• Manage waste tires: NW Metals must either remove waste tires from the property or meet DEQ requirements for properly managing tire piles. NW Metals must also apply for a waste tire permit if it stores more than 1,500 waste tires. The company has until Oct. 1 to complete this order.
• Manage stormwater: NW Metals must stop allowing stormwater to enter drywells, known as underground injection control devises, and submit a plan to DEQ that describes how the company will manage stormwater at the facility. Deadline for submitting the plan is Oct. 1.
• Obtain an air quality permit: NW Metals operates a piece of equipment called a shredder that cuts apart cars and other materials so they can be recycled. NW Metals must apply for an air quality permit to install and operate the shredder. While the permit application is underway, NW Metals is allowed to operate the shredder in accordance with the cleanup order.
• Complete timely cleanup: NW Metals has completed some requirements of DEQ’s cleanup order, but hasn’t met all requirements. NW Metals must clear all cars, tires and other materials from the site by Sept. 7 and complete soil sample collection by Sept. 14. Find more information in the warning letter DEQ issued on Aug. 21.

​​DEQ approved the cleanup work plan for NW Metals on July 12. Cleanup work will be performed under DEQ oversight until all activity described in the cleanup order is complete.

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​DEQ cites NW Metals as part of ongoing scrap yard fire cleanup

• Cleanup order (Removal Action Order) for NW Metals
• Violations identified at NW Metals (Pre-Enforcement Notices for owner and operator)