“Judgment Day” As Decision on Propane Storage Nears

— by Matt Willis, Orcas Issues reporter —

Interisland Propane 30,000 gallon fuel storage tank in Friday Harbor

On Monday, October 2, the San Juan County Hearing Examiner will make a final decision on Inter-Island Propane’s application for a conditional use permit to store 30,000 gallons of propane at 27 Aeroview Lane, Eastsound. The Hearing Examiner had previously, on August 21, remanded the application “for further development.”

A summary of what this means, the key findings and conclusions from the public hearing held in mid-July follows. A complete read of the full 27 page report is well worth the reader’s time, however. The report can be found on the county’s website here: https://www.sanjuanco.com/DocumentCenter/Home/View/12814

Let’s start by defining the legal term, “remand.” Remand means “to send back.” In this case, the application for conditional use permit was sent back so the applicant can attempt to demonstrate compliance with all ten criteria required for conditional user permit approval. Then, on October 2, the Hearing Examiner will make a decision as to whether the permit can be approved. The ten criteria are described in section 18.80.100 of San Juan County Code. They can be found here: https://www.codepublishing.com/WA/SanJuanCounty/html/SanJuanCounty18/SanJuanCounty1880.html#18.80.100, and are also worth a read.

Of particular interest are criteria 3 and 5, which state respectively:

The proposed use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated by conditions of approval.

The proposal will be served by adequate facilities including access, fire protection, water, stormwater control, and sewage disposal facilities.

The Hearing Examiner’s report states clearly that the Inter-Island Propane has not demonstrated compliance with criterion 5. It also states that it is “questionable” whether they have demonstrated compliance with criterion 3.

The question is, then, “why wasn’t the application denied at the hearing rather than remanded?” The answer to that can also be found in the report. Essentially, because various County and government agencies did not work in concert and arrive at a unified decision, the county record on the application left “uncertain.” Since this was not within control of the applicant, the applicant has been given the opportunity to provide further evidence of compliance to the criteria. This is the purpose of the remand.

The remand establishes 10 orders intended to remove all uncertainty in the record. The gist of each of these orders follows:

• No further comment or information is needed or invited from members of the public.
• Additional information is required from the Planning Staff in order to determine whether and how criterion 1, “The proposed use will not be contrary to the intent or purposes and regulations of this code or the Comprehensive Plan,” applies to the facility, particularly with respect to the frequency of possible inspections of the propane facility.
• The applicant and Planning Staff need to address the fact that it is unknown who Inter-Island Propane needs permission from in order to establish a new commercial use on the privately owned/maintained road (Aeroview Lane).
• In addition, County Code related to criterion 1 states, “No emissions of dust, dirt, odors, smoke, toxic gases or fumes will occur.” The Planning Staff must perform further analysis to determine whether fumes and odors might be released not only under normal operation, but also in greater quantities in the case of an emergency.
• The County Fire Marshal and Orcas Fire Chief should agree as to whether the Fire Chief’s conditions of use related to the required rate of water flow needed to respond in case of an emergency at the facility can be met.
• Are the Fire Protection agencies in agreement that the evacuation route presented in the Fire Marshal’s memo meets the evacuation route requirements related to criterion 3.
• Comments from the Orcas Island Airport are required to address “the siting of the proposed facility at the subject property and the use of the airport property during evacuation necessitated by emergency at the facility.”
• If “the Applicant or representatives from San Juan County Fire Marshal’s Office, Orcas Island Fire & Rescue, or the water purveyor feel that additional testimony is needed, the parties may move to have the hearing reconvened.” However, the need for reconvening is not anticipated.
• Any party may request an extension of the proposed schedule, concluding with a decision on the application to be issued on October 2.
• The current Hearing Examiner will maintain jurisdiction of the matter assuming conclusion of the proceedings is completed by the end of November 2017.

At this point, the matter rests squarely in the hands of the Hearing Examiner, the applicant, Planning Staff and Orcas’ Fire Protection agencies. In the meantime, the public eagerly awaits closure to this lengthy and often contentious issue.