Ecology threatens to sue county over biosolids ordinance

In a May 5 letter, the director of the state Department of Ecology threatened to file suit against the Wahkiakum County board of commissioners over the ordinance adopted April 26 to prohibit the application of all but the highest class of biosolid in the county.

In the letter, DOE Director Ted Sturdevant says the department will file suit unless the county rescinds the ordinance.

The letter states that the department has legislative authority to adopt rules for a biosolids program and that the department has done so, with staff in each region to administer the program.

"As we explained to the Board during several meetings, numerous phone conversations and in writing, Wahkiakum County does not have the authority to prohibit biosolids management practices authorized by the State Regulatory Program," the letter states. "The ordinance the Board adopted bans the application of Class B biosolids and septage within the county. The state Biosolids Regulatory Program allows the application of Class B biosolids and septage when done in accordance with an Ecology issued permit . . . The ordinance is in direct conflict with state law and, thereby, in violation of the state constitution."

The board of commissioners passed the ordinance by a 2-1 vote. Commissioners Dan Cothren and Blair Brady voted for it. Commissioner Lisa Marsyla voted against it, saying that while she supported a ban, she felt the ban would lead to a lawsuit by DOE and that, instead, she would prefer to adopt a less stringent ordinance and try to negotiate with the agency.

Ordinances normally have a signature line for the county prosecuting attorney to attest to the form of an ordinance, but Wahkiakum County Prosecuting Attorney Dan Bigeow's signature was missing from the ordinance when it was submitted to The Eagle for publication.

The complete text of the ordinance may be found on this website under Classifieds/Legals.

http://www.waheagle.com/legals/article.exm/2011-05-06_no__11_53__ordinance_no__151_11__