The Wahkiakum County Eagle - Established as The Skamokawa Eagle in 1891

The state Department of Ecology has recommended that the Wahkiakum County board of commissioners reject a proposed ordinance to govern the application of biosolids in the county.

In a September 2 letter to the commissioners, Ecology's State Biosolids Coordinator Daniel K. Thompson said the legislature has given Ecology sole authority to regulate and permit application of biosolids in the state. He also commented that two provisions of the county's proposed ordinance are unconstitutional.

County Commissioners Blair Brady, Dan Cothren and Lisa Marsyla conferred with county Prosecuting Attorney Dan Bigelow on Tuesday to discuss the implications of the state suing the county, if the commissioners adopted the ordinance.

Bigelow said the county had little to risk financially if it adopted the ordinance and were sued.

The county's expense would be for his time, and he is on salary, and, if the county lost, for attorney fees, which are limited by statute to $250 per case in cases like this would be, and also for filing fees and other court costs.

"We're in real danger of getting sued," Bigelow said. "We're small and weak; it would be a good shot for DOE to sue and set a precedent."