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PACIFIC TOPSOILS INC. v. SNOHOMISH HEALTH DISTRICT

No. 63526-3-I.

PACIFIC TOPSOILS, INC., owner of Maltby Composting Operation, Respondent, v. SNOHOMISH HEALTH DISTRICT, a Washington Municipal Corporation, Appellant.

Court of Appeals of Washington, Division One.

Filed: April 12, 2010.

Attorney(s) appearing for the Case

Counsel for Appellant(s), Lorna Leal Bigsby, Attorney at Law, 2918 Colby Ave Ste 201, Po Box 1769, Everett, WA, 98206-1769.

Steven Douglas Uberti, Attorney at Law, 2918 Colby Ave Ste 201, Po Box 1769, Everett, WA, 98206-1769.

Counsel for Respondent(s), Jane Ryan Koler, Law Office of Jane Ryan Koler PLLC, Po Box 2509, Gig Harbor, WA, 98335-4509.

Ryan C Espegard, Attorney at Law, Po Box 20308, Seattle, WA, 98102-1308.

Amicus Curiae on behalf of State of Washington Department of Ecology Harold Lee Overton, Attorney at Law, Po Box 40117, Olympia, WA, 98504-0117.

UNPUBLISHED OPINION

LAU, J.

Pacific Topsoils, Inc., challenges a condition in its operating permit stating that the composting process it uses does not comply with regulatory requirements and giving it three years to come into compliance. The dispute centers on whether Pacific's large static pile compost technique is designed to control the composting process in a way that "promotes" aerobic composting. Because Pacific's process is designed to control the...

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