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° Some waste does fall to the side of the road. Liquid waste does slop out and nothing can be done about that. • Regarding speeding, if there is a problem, the Sheriff should come out to investigate. Mr. Ronyak will tell his drivers to be careful. ° Regarding the water issue, Mr. Pratt said that the site is too small to accept material , however , there will be a management plan. Mr. Ronyak owns a 200-acre ranch and has access to 360 acres of land. Some material can be exported to other sites . Mr . Ronyak will work with Mr . Pratt. ° The Floodplain Map was revised in July 1988 to take this area out of the floodplain. That is not a problem. ° It was indicated that there would be a problem with groundwater. The Ronyaks ' ground is being tested by Simplot and no groundwater problem has been indicated. ° There was a question as to how Mr. Ronyak' s activities can be going on without a permit. Mr. Herum said that before Mr. Ronyak bought the property there was a feedlot in existence. Dumping was going on prior to a Use Permit being required in that zone. This is a nonconforming use. In the interest of working with the staff , Mr. Ronyak has agreed to apply for a Use Permit. ° If this permit is denied, his client will take the position that this is a nonconforming use. However , that issue is not being discussed at this hearing. Comm. Jungeblut commented that the people who live across the street also have property rights. They have the right to live in their homes . Mr. Herum responded that if they do not want to have agri- cultural problems , they must live in the city. Comm. Jungeblut asked if Mr. Ronyak would be willing to change his silage formula. He suggested that a grain silage would be preferable to a garbage silage. Mr. Herum responded that the cannery silage has been going out to that property for a long time. Comm. Jungeblut com- mented that the type of silage is the problem. Comm. Gillispie said that Mr. Pratt, from the Regional Water Quality Control Board, indicated that the silage pits had concrete bottoms but not concrete sides. Mr. Quartaroli responded that that was correct. The pits are lined on the sides with plastic. Comm. Gabbard commented that one expert testified on the drainage problems on the property. A letter from the Water Quality Control Board, dated April 1988 , requested a plan. He asked why the applicant did not comply when they knew they would be coming before the Planning Commission. The Commission might have been able to make a more accurate judgment of the operation if they had had that plan. PC: 9/15/88 -7- MINUTES