The Chronicle editorial, 9/21/2002
Valid concerns have been raised about Lewis County entrepreneur Bob Thode's application of biosolids to a number of agricultural sites in the county and compliance with related pen-nit requirements.
At the same time, Thode is one of a relative handful of commercial, full-time fanners still operating in Lewis County. It would be a shame to unreasonably put him out of business and further shrink what's left of the county's agricultural base and the wide open spaces he helps preserve.
Four years ago Thode applied, as required, for a general state permit to meet new requirements for biosolids applications. In the meantime, he has been applying the biosolids - treated municipal wastewater - as a fertilizer to 13 farm sites, mostly in Lewis County. To date he has not been found in noncompliance with existing federal and state requirements for biosolids application.
Some critics of Thode's operations, as Fire Mountain Farms, are presuming him guilty of noncompliance even before his state permit application has been approved and he has a chance to comply.
For example, Fred Wildhaber, a neighbor on Newaukum Prairie to one of Thode's sites, speculates that Thode could have test wells that monitor his holding lagoons there put in places that wouldn't detect contamination. Wildhaber was among those attending a public hearing by the state Department of Ecology in Chehalis Thursday night related to the permit application.
And this from Adna-area resident Michelle Kiess: "The Department of Ecology is putting a lot of faith on someone who is doing this for profit to follow the rules, to almost self-police."
The insinuation of that statement, which anyone in any sort of small business ought to resent, is that people seeking to make a profit can't really be trusted to obey the law. The natural inclination of business operators such as Thode would be, we are to believe, to shirk, circumvent or outright violate regulations if that's what it took to make a profit.
Apparently Kiess and other critics of Thode would like to have a regulator watch him every step of the way because he can't be trusted to comply with the rules. Or have him regulated out of business because they don't want biosolids from any source applied anywhere in this county.
Such critics need to demonstrate where and how Thode has been in any significant violation of existing federal, state or local regulations on biosolids applications in the 15 years he has been applying them on agricultural fields here.
Say what you will about biosolids and applying such waste material from sources outside our county, but give Thode an opportunity to be in compliance with terms of the new pen-nit if it's issued.
Further, are those who worry the DOE doesn't have sufficient field compliance personnel to police its permits willing to pay more in taxes to hire more personnel? And consider this: If farmers in Lewis County are regulated beyond reason to the point they can no longer make a living, look for more rural development, even under the excessive zoning of the state Growth Management Act edicts imposed on the county's rural areas, and fewer pastoral scenes.
TOUGH PERMIT- At the same time, neighbors to Thode's application sites have some very legitimate concerns, such as the strong odor of the biosolids and the possibility of Thode becoming overextended to the point he can't adequately supervise all of his sites, even as well-intended as he might be with regard to permit compliance.
Bob Elliott of the state's Southwest Clean Air Agency based in Vancouver, Wash., urged Thode to consider wind direction when applying the biosolids and to not spread them 48 hours before holidays, in accordance with state law that odors cannot "unreasonably" interfere with neighbors' use and enjoyment of their property. The permit requirements should address those concerns.
The DOE, in developing the requirements for Thode's permit, has gone beyond existing state regulations with some very specific rules for what biosolids Thode can apply, how and when he can do it and provisions for independent monitoring of soil, and surface and ground water at his sites.
They appear to be reasonable. There appears to be no basis to assume Thode would deliberately violate the rules, even if state compliance personnel are unable to come around as much as some would like.
This page created and maintained by Chehalis River Council
Send comments or questions to the: Chehalis River Council