News Feature | November 4, 2013

Washington Supreme Court OKs County's Use Of Ratepayer Dollars

Sara Jerome

By Sara Jerome,
@sarmje

The Washington State Supreme Court ruled last month that King County did not misuse funds paid by sewer customers. 

The decision came after a five-year legal battle over whether King County had "used sewer ratepayer funds for projects outside the scope of the wastewater utility business," according to the Bothell Reporter

During the legal proceeding, the county had to prove it had properly handled money related to the Brightwater sewage treatment plant project. 

The county managed to demonstrate "that its wastewater expenditures were authorized as part of the Regional Wastewater Services Plan that was adopted in 1999 following an extensive regional process involving all interested stakeholders, including the plaintiffs," the Reporter said. 

The issue began after King County opened a plant in south Snohomish County two years ago.

“To offset the effects of the project, King County agreed to pay $70 million for recreational facilities, a community resource center, and habitat and public safety improvements,” reports the Associated Press.

But two local sewer districts sued over that decision. "Among other things, they said the $70 million was excessive. They also said the money should have come from the county's general fund. Instead, it was paid from a wastewater account and increased costs to their ratepayers."

They also took issue with $2 million devoted to prevent a soup company from eliminating jobs. King County explained back in 2005 that it had made an agreement with StockPot, a subsidiary of Campbell Soup Company, "to provide relocation benefits that may enable the company to relocate in our region. StockPot's current location will become part of the future Brightwater Treatment Plant north of Woodinville in Snohomish County."

The county welcomed the court's decision. 

“I’m pleased the state’s high court agrees it is appropriate to consider the health of our entire environment when making major decisions about projects and programs,” King County Executive Dow Constantine said in a statement

The Brightwater sewage plant, opened in 2011, caused controversy during its construction because costs exceeded expectations. 

"When King County officials authorized a third sewage-treatment plant, they knew it wasn't the cheapest way to handle the region's growing volume of sewage. Little did they know how expensive it would become," the Seattle Times reported during Brightwater's construction. 

Costs shot up to around $2 billion, "roughly double what the Metropolitan King County Council was told when it first approved the project," the report said. "Officials don't know of a plant this size anywhere that has cost so much."

To read more about legal proceedings in the states, check out this piece on Water Online.