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House Dems move to grant new authority to Ecology Dept. amid Yakima trash fires

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(The Center Square) – As two landfills burn in Yakima County, House Democrats passed a bill on Wednesday that could allow the Washington State Department of Ecology to suspend their permits and issue $10,000 daily fines.

Both caught fire two years ago, forcing DTG Recycle’s Anderson Landfill to shut down after the Yakima Health District denied its permit in 2023. While the site recently reopened under a new name and permit, now called Rocky Top Environmental, the family-owned Caton Landfill operates without one.

Rep. Davina Duerr, D-Bothell, said Second Substitute House Bill 1154 gives Ecology “real teeth” in terms of enforcement, granting additional authority to the state agency and local health districts.

“This reform strengthens our ability to review, approve and renew permits for solid waste facilities,” Duerr said on the House floor. “Levying a penalty of up to $5,000 a day for the first 14 days of noncompliance after a period of time for educating the facility on why they’re out of compliance. After that 14 days, the fine goes up to $10,000 a day.”

Jurisdictional health departments hold the authority to issue and renew permits, but SSHB 1154 would also require approval from Ecology. If approved, the agency could issue orders for compliance, which landfill operators can appeal to the Pollution Control Hearings Board.

Rep. Mary Dye, R-Pomeroy, proposed an amendment that would have limited Ecology’s authority to limited-purpose landfills. She said solid waste facilities require different mitigation strategies than the two on fire, which accept construction debris, non-municipal waste and other materials.

Dye blamed Ecology for the situation in Yakima, arguing that the statute already provides means to enforce air and water quality standards. Dye wants the agency to work with the county rather than granting additional authority to a department, which she said isn’t fulfilling its mission.

“We’re talking apples and oranges here,” Dye said. “They failed in this account, and now we’re writing a statewide law to try and regulate all landfills. It doesn’t make any sense.”

Rep. Jeremie Dufault, R-Selah, represents the district encompassing both landfills. He said the operator is dumping materials “that are not appropriate” for a limited-purpose landfill but argued that SSHB 1154 goes beyond fixing that, instead granting the state authority over local officials.

During a public hearing last month, Kris Strutner, operations manager for the Caton Landfill, testified against SSHB 1154. He wants the bill pulled or at least a system where an independent group oversees the landfill rather than the authority granting the permits, such as the county.

“That is not the right direction to go,” Dufault said Wednesday. “We are a democracy.”

House Democrats passed SSHB 1154 by a 58-39 vote, with one Democrat excusing themselves and every Republican voting against it.

The bill now goes to the Senate for consideration.