More facts needed DOE for biosolids suit

It will be back to court for Wahkiakum County and the Washington Department of Ecology in their suit over the county's biosolids ordinance.

Last Friday, a Cowlitz County Superior Court Judge rejected Ecology's motion for a summary judgement and said he wanted more facts before making a decision.

The county adopted this year an ordinance that allowed application of only Class A biosolids in the county; Class B and septage biosolids, which aren't treated as highly as Class A, were prohibited.

Ecology sued, claiming that state law gives the department, not the county, the right to prohibit application of certain biosolids. State law, the department said, encourages the use of biosolids.

The county countered that its regulation was not an outright ban but simply an application of state law with additional regulation permitted by local ordinance.

County Prosecuting Attorney Dan Bigelow said the judge has asked for presentation of facts around that issue, but another hearing hasn't yet been scheduled.