Biosolids--DOE: We'll sue; Commissioners: Go ahead

The Washington Department of Ecology has threatened to sue the Wahkiakum County board of commissioners over the county's new biosolids ordinance.

"Bring it on," the commissioners said in effect on Tuesday.

In a May 5 letter, the director of the state Department of Ecology threatened to file suit 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."

On Tuesday, commissioners didn't back down.

Commissioner Blair Brady said he had read the letter, and he had also received supportive emails from several people. One came from a Snohomish County official; that county passed its own biosolids ordinance and successfully defended it in court against a challenge from Ecology.

"I'm more than willing to meet with Ecology if they change their stance," Brady said. "Ecology doesn't have the funding or the staff to monitor the applications. It's not safe for the community."

The ordinance doesn't ban all biosolids, he added, it allows application of Class A biosolids, which have the highest amount of treatment. It forbids Class B biosolids and septage, wastes from septic tanks that is treated with lime to kill pathogens.

Commissioner Dan Cothren commented that he had received some phone calls, too, including one from a DOE official who came across as being arrogant.

"She's got her mind made up," he said. "I haven't changed my mind on this."

The board of commissioners passed the ordinance by a 2-1 vote. Commissioners Cothren and Brady voted for it. Commissioner Chair 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 proper form of an ordinance, but Wahkiakum County Prosecuting Attorney Dan Bigelow's signature was missing from the ordinance when it was submitted to The Eagle for publication last week.

The complete text of the ordinance may be found on The Eagle's website under Classifieds/Legals, http://www.waheagle.com.