May 27, 2016
Bryan Hockaday, Office of Governor Brown, 503-580-7836
Jennifer Flynt, DEQ, 503-730-5924
Robb Cowie, OHA, 503-421-7684
Julie Sullivan-Springhetti, Multnomah County, 503-709-9858
Governor Brown Orders DEQ to Continue Cease and Desist Order Against Bullseye Glass Co.
DEQ, OHA cite need for enforceable order to ensure protection of public health
(Salem, OR) — Governor Kate Brown today directed the Oregon Department of Environmental Quality (DEQ) to extend the 10-day cease and desist order against Bullseye Glass Co. initially issued May 19. The order limits Bullseye’s use of toxic heavy metals, including lead, from its glass-making process through June 8.
“I will continue this prohibition on the use of toxic metals in uncontrolled furnaces as long as necessary to protect the well-being of children at the nearby daycare center and other residents,” Governor Brown said.
The Governor’s order to DEQ to extend the cease and desist order, conveyed to Bullseye Glass Co. today, was made in light of continued concerns by DEQ and the Oregon Health Authority (OHA) about the company’s ability to limit emissions of toxic metals into the air. DEQ provided the company a noon deadline today to sign a legally binding agreement that would have avoided the need for a cease and desist order, which the company did not sign. The agencies anticipate ongoing discussions with the company to reach a durable resolution of public health threats from the company’s operations.
In a joint DEQ-OHA memo to the Governor, the agencies requested the cease and desist extension stating that the risks previously reported and related to Bullseye’s recent operations remain present. The memo further stated that a cease and desist order remains the best option for establishing the legally enforceable authority necessary to protect public health.
The initial May 19 cease and desist order was issued in response to data from a DEQ air monitor at Children’s Creative Learning Center, southeast of Bullseye, that detected high lead levels on May 9 and 10.
The agencies’ memo states, “While in public statements about this matter, Bullseye suggested that the dangerous levels of lead detected at the day care center originated from a different source…DEQ is confident Bullseye is the source of the emissions. Such claims by the company continue to indicate a lack of recognition of the impacts that its operations have to the surrounding community.”
Governor Brown’s order adds another 10 days to the order she issued May 19, which was set to expire Sunday. It directs DEQ and OHA to report to her on the need for future renewals of the DEQ cease and desist order, and also authorizes DEQ to rescind its cease and desist order if the company signs a legally binding agreement that DEQ and OHA determines will protect public health.
An interagency group, which includes DEQ and OHA, is regularly releasing air monitoring data as part of the Cleaner Air Oregon initiative to align industrial air toxics regulations with human health. More information about Cleaner Air Oregon can be found at CleanerAir.Oregon.gov.