2-1: Only Class A biosolids in county

Wahkiakum County commissioners voted 2-1 Tuesday to adopt an ordinance prohibiting the application of certain grades of biosolids in the county.

The ordinance, which will take effect after it is published, allows application of only the highest grade of treated human waste, Class A biosolids, and bans application of lower grades, Class B and septage biosolids.

Commissioners held a public hearing on a biosolids ordinance last year. This year, they asked Prosecuting Attorney Dan Bigelow to provide an ordinance with tighter controls. Bigelow furnished two on Tuesday, that which was adopted and another which would have banned application of septage and Class B biosolids within 1,000 feet of flood prone areas.

Bigelow had previously told the board that state law gives the Department of Ecology the power to regulate application of biosolids, and Ecology staff have said they would challenge a county ordinance that usurped their authority.

Commissioners Blair Brady and Dan Cothren favored the first, and commission Chair Lisa Marsyla favored the second.

"I'm supportive to the degree of regulating biosolids," Marsyla said. "I do not support a full ban. If we go up against the DOE, it will not hold up; then we won't have negotiating power and they'll do what they want. With the 1,000 foot setback, we have a better chance of bringing DOE to the table and getting them to negotiate."

Brady and Cothren were ready to take a stronger stand.

"I recognize the prosecuting attorney's objections, but this is the only way to go," Brady said. He added that Ecology doesn't have enough staff to monitor or regulate biosolids permits adequately, and with reductions in that spending, that weakness will just increase.

"I have a real issue with people's property rights, but this affects people physically, your neighbors," Cothren said.

"If I'm going to make a mistake, I want to err on the side of public safety," Brady said.

Ecology has approved a permit for a Long Beach company to spread septage on a Grays River Valley ranch, and residents opposed to the project welcomed the commission's action on an ordinance.

Cynthia Lahti said she'd like even more controls than those proposed.

"There's still a possibility of groundwater contamination from Class A biosolids," she said.

Carol Larson said she supported a ban, but she also supported Marsyla's idea using the 1,000 foot setback.

"It will be too late if you have the 1,000 foot setback," said Alton George. "It will be dumped in the hills and work its way down."

After listening to the public comments, the board voted.

Brady moved to adopt the ordinance allowing only Class A biosolids, and Cothren seconded the motion. They voted for the motion, and Marsyla, citing a desire to have a basis for negotiating with Ecology, voted against it.

Bigelow said that because the board had held a public hearing on a proposed biosolids ordinance last year, the board didn't need to hold another on the updated version. The ordinance may take effect as soon as it's published.