Judge says scrap yard must obey city rules
E. Perry Iron & Metal Co. must comply with scrap-metal recycling regulations enacted by Portland in 2004, a judge decided this week in Cumberland County Superior Court.
E. Perry is one of two scrap-metal yards that city officials are trying to move out of Bayside, a downtown district that is being transformed by residential and commercial development.
The City Council unanimously approved environmental regulations in September 2004 that require scrap yards in Portland to test for and clean up any soil or groundwater contamination at their own expense.
The new rules also require the businesses to control noise and build fences high enough to screen rusting metal piles that sometimes rise 25 feet above Lancaster and Somerset streets.
City officials said the regulations provide stricter oversight than state or federal laws. Scrap yards must submit a variety of maps, waste-handling information and test results to receive yearly operating permits.
E. Perry refused to follow the new rules and filed a court appeal claiming that Portland officials had developed them to force the company out of Bayside.
Justice Thomas Delahanty ruled on Tuesday that E. Perry had failed to prove that the city targeted or discriminated against the scrap yard in applying the new regulations.
Delahanty also found the regulations valid, writing in his decision that "protecting the environment is a legitimate municipal goal."
E. Perry has until Feb. 21 to appeal the decision to the Maine Supreme Judicial Court, city attorney Gary Wood said Thursday.
"If they don't, they're going to have to comply the same as any other scrap yard in the city," Wood said. The regulations apply to five businesses in Portland, he said.
Alan Lerman, E. Perry's owner, could not be reached for comment. City officials recently gave him until March 3 to accept a final offer of as much as $1 million in federal funding to defray the cost of moving the scrap yard.
The other Bayside scrap yard, New England Metal Recycling, is on track to move to 13 acres at 636 Riverside St. by 2008. The city gave that company $1 million for relocation costs and $645,000 for less than one acre on Somerset Street, where the city is developing a parking garage.
The City Council decided in December 2005 to spend $5 million for 53 acres owned by Lucas Tree Experts off Riverside Street, to provide a place for both scrap yards and Portland's public works facilities.
When negotiations with E. Perry faltered, city officials said, they decided to sell 13 acres to New England Metal. At the time, Lerman said he had been cut out of the deal.
Staff Writer Kelley Bouchard can be contacted at 791-6328 or at:
kbouchard@pressherald.com
Reader comments
1-5 of 5 comments:
Misty of Portland, ME
Feb 9, 2007 1:43 PM
Paula, please give us all a break. This is a Portland business that is being forced out of the area that they own. If the city can?t take it by eminent domain they will create rules so that it becomes harder and harder to do business. Don?t get me wrong, I agree with testing for ground contamination. That has gone on long enough and needs to be addressed. As far as having to look at it as you leave the ?Organic Food? store, too bad. Don?t you realize that a ?junk yard? is providing a valuable service to you, your children, ensuing generations and the environment by RECYCLING? Would you rather your neighbors just retired their old vehicles, refrigerators, stoves, old pipes, etc. in their back yard next to you and let them rust, like we use to? You can?t have it both ways.
I personally find the yard fascinating and what goes on there. Yes, it slows my commute in the morning when trucks are backing in, much to my chagrin. The wheels of commerce don?t always turn that fast! Beauty is in the eye of the beholder and fortunately we don?t all have the same eye. If I find your yard an eyesore offending my sensibilities should I have the city council force you to put up a 25 foot fence around your property at your expense?
Once the last manufacturing business leaves Portland we are left with low paying, dead end service jobs, except for the lawyers who will find some way to litigate more money out of someone?s pocket.
Let's give business a chance to succeed in Portland without being regulated and code engineered out of business or the city. Can you say Hooters or Dunkin' Donuts?
joe re of Gardiner, ME
Feb 9, 2007 12:45 PM
That whole area is so developed analyzing soil and groundwater, then trying to clean it up is an impossible task and would be a Superfund site in no time. A cleanup there would cost millions..easily.
I have to agree with Perry in that the environmental regulation was enacted to drive them out.
ck of Prov, RI
Feb 9, 2007 11:15 AM
Bayside's biggest eyesore is the subsidized housing in Kennedy Park, why doesn't the city order that area to have a 25' fence built around the perimeter to hide the obvious rotting neighborhood.
The city has much larger problems then worrying about a business that is a positive financial contributor to the city and state... What hypocrisy by the city.
jules of Falmouth, ME
Feb 9, 2007 10:11 AM
Just another way for the city to try and get what they want without paying the price.
Paula Weitz of Portland, ME
Feb 9, 2007 9:33 AM
As someone who lives in the area, I am glad someone finally decided that something has to be done...Not to test the ground contamination that has gone on for years borders on ridulous. If these scrap yards had been in other areas of the city it would have been immediate. The owner's have known that there would be no follow-thru by the powers that be, so they could do anything they pleased in this area....That is why it has been called blighted. Now that they are trying to gentrify this area all bets are off, and we will see upgrades. Can you imagine buying Organic Foods and then having to face the rusted and filthy face of the "Junk Yards" as we drove out of the parking lot....fit would ofend our Sensiblities.