Appeals court favors state in sewage sludge case

Published 12:53 pm Thursday, November 6, 2014

OLYMPIA — The state appeals court has ruled that a Wahkiakum County ordinance banning the use of recycled sewage sludge is unconstitutional because it conflicts with state law.

In a decision Tuesday, the appellate court sided with the state Department of Ecology, which had argued that the ordinance prohibits what the state law permits and thwarts the legislative purpose of the law.

The appeals court reversed a Cowlitz County Superior Court ruling that had favored Wahkiakum County.

In 2011, Wahkiakum County passed an ordinance prohibiting a common type of biosolids from being applied to any land in the county.

Biosolids is sewage waste that is treated to remove most pathogens. It is recycled, often for farming or other purposes. Ecology says biosolids contain valuable organic matter that can improve soil.