Administrative code gives control over biosolids

To The Eagle:

I am not a lawyer, and I’ve found over the years that things that seem obvious to me can have a different meaning when subjected to the light of the law.

In the May 12 edition of The Eagle, the Department of Ecology Director Ted Sturdevant is quoted as saying “Wahkiakum County does not have the authority to prohibit biosolids management practices authorized by the State Regulatory Program”

However, when I review Washington Administrative Code 173-308 which governs Biosolids Management, in particular WAC 173-308-030 Relationship to other laws, regulations, and ordinances, I find the following, “In addition to the requirements of this chapter, other laws, regulations, and ordinances may also apply to biosolids or sewage sludge. These include, but are not limited to, the following:” Then, subsection (6) states “Facilities and sites where biosolids are applied to the land must comply with other applicable federal, state and local laws, regulations, and ordinances, including zoning and land use requirements.”

To me, it seems obvious that WAC 173 gives authority for local governments, including Wahkiakum County, to pass laws regulations, and ordinances that are more restrictive than the state requirements, and that DOE is off base in their assertion. But, as I said, I’m not a lawyer.

The board of commissioners has my full support in asserting our right to local control over this and other issues.

Chuck Hendrickson

Salmon Creek