The Puget Sound Clean Air Agency wasn’t the only government entity to drop the ball enforcing state laws regarding compost facility Olympic Organics in Kingston.
A continuing investigation by the Kitsap Daily News shows the Kitsap Public Health District also did not enforce state laws.
The state law says in part that the jurisdictional health department must file approved modifications with the appropriate regional office. (Otherwise) no solid waste permit modification will be considered valid. The modification must include a description, reasons for it and a list of impacts, along with showing the change would continue compliance. Permit modifications are required for any change to an operation, design, site or processing capacity, performance or monitoring of a permitted facility.
Steve Brown of KPHD said it does not have to follow that state law, but would not explain why.
A weekslong investigation shows a tipping building with biofilters at Olympic Organics was removed about 10 years ago without government approval. The apparatus was used to keep down odors. Also, in December of 2022, when new owners DTG took over, five new bays were constructed, again without government approval.
Steven Van Slyke, compliance director for the PSCAA, would not say if Olympic Organics should have faced sanctions due to the removal of the tipping building or construction of the five bays. But the PSCAA website clearly states, “A permit is required of any new or modified air pollution source prior to construction or making modifications that affect air contaminants emitted.”
Public records show that when Olympic Organics bought Emu Topsoils in 2014 the tipping building was no longer there. The KPHD noted that in an inspection and asked PSCAA to follow up. It apparently never did. Nor does it look like PSCAA authorized its removal. KPHD also apparently did not follow up the way it is required to, according to the state law mentioned earlier.
Brown, program manager for Solid & Hazardous Waste of KPHD, said it reported in an inspection in September 2014 that the business “needs to discuss the removal of biofiltration units with PSCAA and the potential impact, if any, on its air operating permit.”
Neither Olympic Organics or PSCAA followed up on that.
He also wrote: “As far as we are aware, dust and nuisance odors have not been an ongoing issue at Olympic Organics, as neither has been noted as a problem during our recent quarterly inspections. Nor have we received many (or any- to my knowledge) complaints of odors at Olympic Organics.”
But state law does not say that is a determining factor in the need for permitted changes to a facility.
In June 2015, a PSCAA representative went to Olympic Organics and said he could detect no odors. He met with then-president Jeff West and discussed changes since Olympic Organics purchased the facility. “Mr. West said they have removed the tipping building. He said any compostable waste (food waste, for example) is ground and mixed in with the other organics within twenty minutes of dumping.”
In a PSCAA inspection in May of 2012, the inspector noted the “tipping building was functional” but the owners said since all “material brought in is processed immediately it’s rarely used.”
As for the five new bays, DTG in its operational plan in December told KPHD it was going to have the new bins. Brown said there was no legal reason to modify the permit because the addition was not going to lead to an increase in intake above the already permitted amount. That does not follow the law previously mentioned, which is WAC 173-350-710, or another one that says: “It is unlawful to replace or substantially alter control equipment installed at an existing source.”
The law applies to health departments and the state Department of Ecology for changes at permitted facilities.
As for holding the two agencies accountable for their lack of oversight, Brionna Aho of the state’s Attorney General Office said it does not have oversight of the two agencies, but suggested reaching out to their boards of directors.
Likewise, Dawn Marie Maurer, a specialist with the DOE, says it has no authority over jurisdictional health departments in regard to solid waste handling. “Our only legal recourse would be to appeal a permit if we believed the permit was invalid….As neither tipping buildings, biofilters, nor the specific system of compost management such as bays are prescribed by the rule, having them or not would not of itself invalidate the permit.”
Kitsap County reports no building permit for either instance was obtained.
Bremerton Mayor Greg Wheeler, who is on the board that oversees the PSCAA, says in an email that while the board sets policy “many of those detailed compliance program elements are delegated to the professional staff that are most qualified to address the technical and legal issues this work involves.”
He added that: “PSCAA leadership, through recent conversations, assures me that their staff are evaluating information about this site as they regularly do for the more than 3,000 registered sources in our region. In our conversation, PSCAA does not discuss or speculate on possible actions or decisions the agency may take in any compliance matter with outside parties. When the agency makes a decision (or takes action on a matter), it would then be a matter of public record.”
But even on its own website, the PSCAA explains that such major changes need government approval. “A permit is required of any new or modified air pollution source prior to construction or making modifications that affect air contaminants emitted,” it says.
Christine Cooley, head of the PSCAA, did not respond to an email asking for comment. Neither did Becky Erickson, mayor of Poulsbo, who is on the KPHD board.
The PSCAA says it only has on file the original permit from 2008. No notice of construction amendments were ever filed for the two major changes since then.
Anyone who wants to file a complaint against Olympic Organics can contact the business itself or the KPHD, but likely the most effective course of action would be to contact the PSCAA at the air quality complaint line at 800-552-3565.
Public records request
PSCAA answered a public records request in early September.
The most recent document was Feb. 7 and says an inspector came within 30 yards of the property and detected no odors.
A document Sept. 26, 2022, says DTG Enterprises Inc. is purchasing Olympic Organics, and it plans on operating the company as is, “same folks, same permits, same tonnage.” DTG asked why it is charged so much when it only is permitted for 30 tons, and it was told all composters are charged the same for under 100 tons. DTG asks if it can go over 30 tons but less than 55 tons with its permit. No answer apparently has yet been given.
There are also three evaluation documents for May 6, 2019, May 3, 2018 and June 22, 2017. All say the inspector drove around the neighborhood and smelled no compost odors. In the yard, the inspector smelled Level 1 odors. Each says PSCAA was there to investigate a complaint.
The one in 2019 says as soon as they receive a load of food waste they mix it with other material and place it on aerated pads.
In 2018 it says the fans on the aerated pads are on timers of 15 minutes on and 15 off, and the runoff pond is also aerated eight hours every day.
The 2017 report makes note of the tipping building being removed.
The original Notice of Construction on Sept. 12, 2008, says it can handle 30 tons a year with an aeratic static pile composting system for yard and food waste. When product is brought onsite it is deposited completely inside the tipping building until processed and premixed for composting before leaving that building.
Once mixed it can be placed on a composting pad. At the end of each day, all compost waste must be in the tipping building while actively composting material can be on aerated static piles.
The company can grind stumps and brush with a fine mist water system to control dust. Standing water and runoff must go into the leachate pond, which can’t be used for dust suppression but can be used for feedstocks and moisture during composting.
