‘Can’t have another J.H. Baxter:’ City backs health project 

During a Eugene City Council work session Wednesday on a novel public health project, elected leaders debated whether land use policies could help lessen the burden of industrial pollution. While opinions differed, they agreed on one clear point.

“We can’t have another J.H. Baxter situation,” said councilor Randy Groves.

Groves represents the ward where the defunct wood treatment facility is located at 3494 Roosevelt Blvd., a site where pollution was so egregious it led to environmental crimes. A federal judge has ordered the facility to pay $1.5 million in fines and sentenced its president, Georgia Baxter-Krause, to 90 days in prison for violating the Clean Air Act. 

On Wednesday, the council voted to move forward with the city’s Public Health Standards project, which includes drafting land use code amendments for industrial activity near housing. However, the specifics of what those amendments may entail are unclear, which worries Groves.

“We generally know we just don’t want another J.H. Baxter, and I agree with that, but we still don’t have the detail we need to make a good, responsible decision,” Groves said. 

J.H. Baxter has long been a concern for the Bethel neighborhood in west Eugene. For nearly eight decades, the company preserved wood by using toxic chemicals, including creosote, dioxins, arsenic, and more; all those chemicals seeped into the ground.

Since the early 2000s, community members and teachers in west Eugene have contacted the nonprofit Beyond Toxics about pollution and children’s health. Only in recent years did soil sampling and illegal activity at the facility prompt government action, including a proposed Superfund designation and expedited cleanup by the Environmental Protection Agency.

“We had a bad actor who hurt people, and we want to avoid that in the future,” said councilor Mike Clark. “But to jump to the land use code restricts us in a way as a community in our future that I’m not sure is in our best interest, before we know more than we know right now about the risks or potential risks.” 

That uncertainty reflects a knowledge gap raised by community members during a public meeting in mid-May. At the May meeting, residents learned the city had not followed through with plans to perform a technical analysis for the city’s Public Health Standards project. 

Residents pushed back, saying enough research already exists, and that their lived experiences should count as evidence. But city leaders say they still want a hazard and risk assessment that could help establish a causal link or better define the problem.

Finding qualified researchers has proved difficult, as the analysis requires expertise not currently on city staff, according to Public Works Director Rich Hoey. The study was supposed to run alongside public engagement, but the city moved forward without the study while still searching for researchers.

Wednesday, the city’s land use supervisor, Reid Verner, presented feedback from a public survey that drew more than 200 responses.

“They believe the city should change land use regulations to reduce the likelihood that their neighborhoods will be contaminated by heavy industry in the future,” Verner said. “They also shared stories of losing loved ones to rare cancers in areas near the manufacturer sites, and feel that the city should mitigate past harms by cleaning up existing toxins.” 

The survey also showed that 52 percent of respondents believe industrial activities are not properly regulated — a view echoed by city councilors. Regulatory oversight is shared among the city of Eugene, the Oregon Department of Environmental Quality, and the Lane Regional Air Protection Agency, which collectively monitor air and water in accordance with laws.

Councilors like Groves warned that even new land use policies could prove ineffective without proper enforcement. However, Councilor Lyndsie Leech noted applications for new projects, like fuel storage and transfer sites, are drawing ire from residents. “No matter what kind of regulations we put in place, if we aren’t able to follow up with evaluations, investigations, and enforcements, they’re just going to be pieces of paper with writing on them,” Groves said. 

Leech added, “I’m happy to support these motions today to move forward, but with that thought of really focusing on what is our ability as city leaders to actually control what is coming in and being built in our city.”

A motion to draft land use code amendments upon the completion of the hazard and risk assessment passed on a 5-3 vote. Groves, Clark, and Councilor Greg Evans voted against the motion.

Another motion passed unanimously, directing the city manager to draft land use code amendments requiring applicants to demonstrate they have obtained or applied for necessary permits from pollution control agencies. 

The immediate next step is the hazard and risk assessment, which is being scoped in collaboration with researchers at the University of Michigan. The results are expected to take nearly a year.

The Public Health Standards project stems from a policy effort now four years in the making between environmental groups and the city.