The Washington Department of Ecology and the City of Morton have signed an agreement detailing several actions the city will take to address 11 violations in its biosolids management program. The department also issued a penalty of $54,500. The city can reduce the penalty by 90 percent by meeting the order’s conditions.

Morton mayor James Gerwig maintained that city staff members followed proper procedures in producing a biosolids compost but could not produce documentation showing compliance. The order requires the city to:

  • Notify in writing all customers who received biosolids in 2010 within 31 days. 
  • Place fencing and signs in the city park around the areas where the biosolids were applied to restrict additional public exposure.
  • Submit a plan to analyze stockpiled biosolids to assess pollutant concentrations, including fecal coliform, lead, copper, mercury, arsenic, cadmium and zinc.
  • Submit a new application to be covered under the statewide general biosolids permit.
  • Enhance training for staff members who manage the biosolids program.

After several months of meetings, on-site visits, records reviews and phone conversations, the department found significant violations in how the city managed biosolids during 2010. The proper way to make a biosolids compost is to mix biosolids with wood chips and other material in rows, then allow the material it to heat up to temperatures that kill harmful bacteria and pathogens.

The state alleged that Morton officials failed to keep records documenting compliance with biosolids regulations and left out critical information in reports. City officials provided incomplete information and did not conduct required lab analyses of the biosolids, according to the department. Because of information gaps, the department could not be sure that the city had produced biosolids meeting state standards that protect human health and the environment.

In March 2011, the department notified the city to stop distributing biosolids and to stockpile material until the issues could be resolved. During 2010, Morton had sold its biosolids product to the public and applied it to the wastewater treatment plant grounds and part of a city park.

The Department of Ecology establishes state rules and a statewide general permit to meet federal standards for biosolids. Permit holders are responsible for complying with the rules and permit conditions. The department provides technical assistance and enforces program rules when necessary.