Dispute over Caton Landfill operations moves to state pollution control board

A Yakima County Superior Court judge said she could not take action on a request to halt operations at the Caton Landfill north of Naches until the state Pollution Control Hearings Board considers the issue.

The Yakima Health District asked Judge Elisabeth Tutsch to issue an injunction after the landfill kept operating after the health district denied an operating permit.

Tutsch dismissed the injunction request March 15, saying the court needs to wait while an appeal is pending at the state pollution control board.

The pollution control board decides appeals and enforcement actions by organizations such as local health districts, air pollution control boards and agencies like the state departments of Agriculture and Ecology.

Background

The Yakima Health District did not renew the Caton Landfill's operating permit on June 30, citing several regulatory compliance issues. Since then, the landfill has continued to operate as it appeals. 

Attorneys for Caton Landfill have argued it is a solid waste recycling facility. Under Washington law, specifically WAC 173-350-710(7)(c), solid waste recycling facilities that accept waste from communities outside the county in which they are located can remain open during an appeal process unless they pose a threat to human health.

In court documents filed by the Yakima Health District and in past interviews with the Yakima Herald-Republic, Shawn Magee, the district’s director of environmental health, said the Caton Landfill does not qualify as a solid waste recycling facility.

The landfill has been operating for decades as a limited-purpose landfill, which means it disposes of construction and demolition waste among other items, but not municipal waste.

Caton Landfill’s legal team argues the law that allows recycling facilities to operate during an appeal is vague enough that the landfill can be classified as one.

What's next

During a Board of Health meeting on Wednesday, the health district’s attorney, James Elliott, explained what would happen next.

He said the district has now filed a motion with the pollution control board for Caton Landfill to cease operations during the appeal. The health district has asked the board to hold a hearing as soon as possible.

Elliott said there is no specific time frame for when the hearing will be scheduled. Since the recently filed motion will likely be the first time the pollution control board learns Caton is operating without a permit, Elliott hopes the board will take quick action.