City to hire outside consultant to perform analysis

The city of Sedro-Woolley will return to the drawing board to reexamine its environmental review regarding a planned Deluxe Recycling and Disposal facility.

A new review under the State Environmental Policy Act, or SEPA, was ordered by Judge Ronald Castleberry during an Oct. 2 hearing in Snohomish County Superior Court.

In addition, Castleberry ordered the city throw out its issuance of a mitigated determination of non-significance (MDNS) for the Deluxe facility, conduct a new analysis of the SEPA review and make a new threshold determination that could include an environmental impact statement (EIS) if officials find it necessary from the analysis.

An EIS is an extensive review of potential adverse environmental impacts the proposal could pose.

The city’s planning department originally issued 27 mitigated items for the Deluxe proposal, stating no significant environmental impacts would occur should they be addressed. But city residents were upset the department did not issue an EIS.

Longtime resident Annie Janicki filed a hearing examiner appeal against the city’s decision to order an MDNS opposed to an EIS. Hearing examiner Don Largen denied Janicki’s appeal in May.

Janicki then appealed Largen’s decision to Skagit County Superior Court. The hearing was heard in Snohomish County since all Skagit County Superior Court judges recused themselves.

During the hearing, Castleberry vacated Largen’s decision.

Castleberry also requested a SEPA comment letter from the city’s solid waste foreman, Leo Jacobs, which had been removed from the city’s SEPA comment file, be included in the new review.

Jacobs’ letter stated several concerns regarding Deluxe’s proposal. Among them was a recommendation that an environmental impact statement be conducted.

The letter also questioned if the facility was consistent with Sedro-Woolley’s solid waste comprehensive management plan.

Castleberry said the initial review process was flawed because Jacob’s letter was not included, and therefore the process of the hearing examiner was flawed.

Castleberry’s decisions ruled in favor of Janicki and Skagit County officials who intervened in the case. The judge’s ruling requires the city to reimburse Janicki with costs of preparing court documents, which will cost more than $800.

Janicki said Castleberry’s decision will provide a new start for the city and its residents, who will have a clearer view of what the Deluxe facility will entail.

“Now there’s more information out there and citizens can be more involved,” she said.

Skagit County Chief Civil Deputy Will Honea said he thought Castleberry’s decision was a “sound and well-reasoned” decision. The county’s concern is that the city considers the solid waste management plan they have agreed to, Honea said.

The bottom line, in regard to solid waste, is “we’re all on the same team and we need to act like it,” he said, and citizens will also benefit.

The city planning department will hire an outside consultant to make the new determination, said Eron Berg, Sedro-Woolley city supervisor and attorney. The city announced its search for a consultant last week with hopes to hire a candidate by Oct. 17.

Other comments initially submitted will be considered in the new review, Berg said. Citizens will have another opportunity to submit written comments for the new review at a later date.

Castleberry left it to city officials to choose whether to hire an outside consultant and provide additional public comment in the new review process.

“The city was neutral on the request on the final order,” Berg said. “We look forward to running a new process — fairly, neutrally and impartially.”