Clark County residents may face higher clean water fees if the county remains in noncompliance with state law, which has resulted in the loss of millions in state grants and loans.
The county’s noncompliance stems from a 2022 decision by the council to approve an overlay allowing Granite Construction to mine for aggregate on a 330.95-acre property in Chelatchie. The Washington Growth Management Hearings Board (GMHB), which oversees cases involving the Growth Management Act, ruled that Clark County’s overlay violated the State Environmental Policy Act (SEPA) last year. According to the board, the county must provide an environmental impact statement before approving the overlay. This decision is currently being appealed.
In a July 31 presentation before Clark County’s council, Clean Water Division Manager Devan Rostorfer explained the county is poised to lose $1.3 million annually in clean water grants and short-term loans over the next five years, amounting to $6.4 million lost in clean water grants alone. This loss will directly impact the mandated fees imposed on residents.
Currently, county residents pay $47 annually in stormwater fees. Should the council adopt a flat rate, these fees could increase to $64.86 annually, or $80.84 per year to cover both mandated and recommended services. For additional services, the rate could rise to $86.48 annually. The new rates are expected to be included in the December capital budget and implemented in February. Rostorfer testified the water rates for county residents would be lower if state funds were available.
“Due to our GMA noncompliance, we had to pivot. We were originally relying on those grants, which would have helped make rates lower because that offsets the cost we have to pass on to ratepayers,” Rostorfer said.
Council Chair Gary Medvigy said he was surprised to learn the county was noncompliant during the July 31 meeting. However, in a June 27, 2023, meeting, County Manager Oliver Orjiako and County Attorney Kris Cook informed the council that failing to repeal the overlay would violate state law and disqualify Clark County from receiving various state grants. Councilor Sue Marshall of District 5 confirmed last week that staff had specifically warned the council that funds would be lost over a year ago.
“[They were] clear that if we didn’t repeal it, we would not be in compliance, and we would run the risk of losing grants, but a majority on the council didn’t follow that advice and just sort of went halfway by requiring an [additional] environmental impact statement,” Marshall explained. Last year, Medvigy preferred waiting for a Court of Appeals ruling despite staff recommendations to comply with state law immediately. Along with council members Karen Bowerman and Michelle Belkot, Medvigy voted not to repeal the overlay, while council members Glen Yung and Marshall voted in the minority to remove it.
“I really fear that if we remove this overlay, the property owner and applicant will be told by the court, ‘you have no overlay, you have no standing, this situation is moot,’” Medvigy said in the July 2023 meeting. “...If they say the Growth Management Board was right, then so be it, we will abide. But at this point, I do not wish to repeal the overlay, I think the Growth Management Board exceeded their authority, I think they made a poor legal determination…”
At the Aug. 14 meeting, the council agreed to discuss how to move forward regarding state noncompliance at its next meeting. If scheduled, the County Council will address the overlay at 1 p.m. on Wednesday, Aug. 21, on the sixth floor of the Public Service Center, 1300 Franklin St.
Marshall said she hopes the county will ultimately vote to come back into compliance before more funds are withheld.
“The appeal [is] still making its way through the courts with the applicant, but I think the county just cannot afford to spend months not knowing if there’s going to be further penalties of withholding grants from the county. My view is that, for the good of the county, looking over the county’s interest, rescinding that overlay and coming into compliance is really what we need to do,” Marshall said.
Medvigy declined to provide a statement.
Visit clark.wa.gov/councilors/council-meeting-information for more information about county meetings.
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