King County leaders threaten Snohomish County over denial of crucial sewage-plant permits

King County officials have threatened Snohomish County with financial sanctions, legal action and a building moratorium should permitting for the Brightwater sewage-treatment plant continue to be delayed.

In a seven-page letter sent Wednesday to Snohomish County Executive Aaron Reardon and to Snohomish County Council Chairman Gary Nelson, King County's top leaders — Executive Ron Sims and Council Chairman Larry Phillips — wrote that they'll take whatever action necessary to get a $1.5 billion sewage plant built on Snohomish County soil near Woodinville.

But Nelson says the letter is full of distortions and fabrications, adding that Snohomish County has no plans to lie down yet. Instead, the council must continue questioning each King County move until satisfied the plant is in the best interests of Snohomish County residents, Nelson said.

The denial of recent permit applications by Snohomish County staff members prompted the letter, said Kurt Triplett, Sims' chief of staff. King County is seeking permission to demolish several buildings on the 114-acre site at Highways 9 and 522. It also needs a permit to remove dirt and grade parts of the property.

Snohomish County has denied the permits, citing King County's lack of a mitigation (property restoration) plan with Snohomish County.

Since January 2004, King County officials have met with Snohomish County leaders to seek agreement on such a plan. Talks have stalled in recent weeks because of what Triplett said are Snohomish County's outlandish requests. With pressure to get permits in hand this year so construction can begin in 2006, King County officials feel compelled to press their case, Triplett said.

"We've exhausted all other avenues to work cooperatively," he said. "We've not been able to make any progress."

King County officials are offering about $50 million in property improvements beyond the money they'll spend on the plant's odor-control system. That money will, among other things, help repair damaged wetlands, provide landscaping and build an education center at the site.

But Snohomish County officials are balking, saying the offer isn't enough. What they want is $30 million more in road improvements and infrastructure work near the site.

"We didn't ask for an education center," Nelson said. "They refuse to make any investment in the roads. We can't afford that ourselves."

Under the state Growth Management Act (GMA), King County has the right to site an essential public facility such as a sewage plant in Snohomish County, mainly because it serves the southern part of that county with wastewater treatment.

Two Snohomish County attempts to impose certain rules on the project have been ruled illegal by the Central Puget Sound Growth Management Hearings Board and Thurston County Superior Court. Noncompliance with the GMA almost brought financial sanctions against Snohomish County in December.

King County's letter suggests it will seek state sanctions against Snohomish County or impose a building moratorium should the plant not be built by the 2010 deadline set by the state to accommodate growth, according to King County.

King County "may have no choice but to impose a building moratorium throughout south Snohomish County and in King County," the letter reads.

Reardon's office says it's not acting illegally, it is making sure King County isn't given special treatment during the process.

"The position of the executive and his departments is that we'll fulfill our legal obligations in regard to this plant," said Tom Fitzpatrick, an aide to Reardon. "We seriously hope that King County will act in the manner their letter says they want [to act] in order to do what's necessary."

But in an effort to put extra pressure to Snohomish County, the letter was sent to the region's mayors, utility directors and economic councils, each of whom is watching the struggle between the two sides.

"All the people on the list have an economic interest in seeing this plant completed," said Brightwater project manager Christie True. "We're just trying to develop a mitigation plan."

Christopher Schwarzen: 425-783-0577 or cschwarzen@seattletimes.com