City Attorney Kathleen Haggard Says
NOAs Fail to Comply With State Law
NOAs Fail to Comply With State Law
Submitted to Shelton Blog by Duff Badgley Mason County Progressive
The City of Shelton acted illegally when it published two "Notices of Action" for the controversial Solomon/Simpson biomass incinerator, according to City of Shelton Attorney Kathleen Haggard.
Haggard said on Friday (April 1, 2010) the notices in the Shelton-Mason County Journal issues of March 24 and 31 failed to comply with state law and administrative code. This means, if the City of Shelton rescinds the notices, citizens could wait until the first permit is approved for the proposed plant before appealing the recently issued Mitigated Determination of Non-Significance (MDNS).
Appealing the MDNS is crucial to the chances of defeating the Simpson/Solomon biomass incinerator via lawsuits. City of Shelton Senior Planner Jason Dose said last week no permits have been issued for the biomass incinerator nor have any public hearings for the permits been scheduled.
Dose also said last week it was the intent of the City of Shelton, by publishing the two notices, to trigger a scant 21-day period after which all MDNS appeals would be barred.
It seems likely several months will pass before the city will issue its first permits for what citizens are calling a highly polluting plant.
Haggard told Seattle attorney Toby Thaler that, by publishing the two NOAs before any permit or similar action has been finalized, Shelton has taken no underlying "action" to trigger an appeal deadline under either LUPA or SEPA per RCW 43.21C.080 and WAC 197-11-990.
So, citizens, it's time to demand the City of Shelton publicly rescind the two published NOAs for the highly polluting Simpson/Solomon biomass incinerator.
Attend Monday night's weekly 6:00 pm City of Shelton Commission Meeting at the Shelton Civic Center. City Attorney Kathleen Haggard will be there. Tell her to rescind the NOAs now! They are illegal.
Call City Senior Planner Jason Dose!
Call Dose's boss, Community & Economic Development Director Steve Goins, who signed the deplorable MDNS!
Call the Mayor! Call the two City Commissioners!
Act now to defeat Simpson/Solomon!
SHELTON BLOG NOTE:
CONTACT: City Attorney Kathleen Haggard
Phone: (360) 426-9731
Email: kathleen@dionne-rorick.com
CONTACT: City Senior Planner Jason Dose
Phone: (360) 432-5102
Email: jasond@ci.shelton.wa.us
CONTACT: Community & Economic Development Director Steve Goins
Phone: (360) 432-5136
Email: steveg@ci.shelton.wa.us
CONTACT: Mayor John Tarrant
Phone: 426-4491
Email: cityhall@ci.shelton.wa.us
CONTACT: Commissioner Dawn Pannell
Phone: (360) 426-4491
Email: cityhall@ci.shelton.wa.us
CONTACT: Commissioner Mike Byrne
Phone: (360) 426-4491
Email: cityhall@ci.shelton.wa.us
City of Shelton Commission Meeting:
Monday, April 4th, 6:00 PM at the Civic Center
Let's crowd the room!
The City has performed an illegal action in their efforts to serve their corporate master...am I shocked?
ReplyDeleteWe need as many folks as possible to call the City personnel listed at the bottom of the post today to demand they rescind their improperly (illegally) published notices.
THEN, we need as many citizens as possible to attend tonight's City Meeting in the Civic Center at 6:00 pm to demand the City rescind
these notices ON THE RECORD.
The action of the City rescinding these bogus notices on the record will allow citizens time
to respond to the MDNS.
Without the notice being rescinded, we are at day 17 and counting down until our voices are silenced by a legal technicality.
DO NOT LET THE CITY AND SIMPSON TAKE AWAY OUR VOICE!
CALL THE NUMBERS PROVIDED BELOW TODAY!
COME TONIGHT TO SPEAK NOW, BEFORE THEY SILENCE US!
Thank you air-breathers, for all that you do.
In response to my request for an official statement to be made at tonight's meeting Re: Rescinding the illegal Simpson/Solomon NOAs, I received this response from Jason Dose:
ReplyDelete"We will be making a statement relative to the MDNS concerns at the Commission meeting tonight."
WE NEED TO GET THIS STATEMENT IN WRITING & SIGNED BY CITY ATTORNEY KATHLEEN HAGGARD!!! (The statement must specifically state that the 21 day appeals period for the MDNS for Simpson/Solomon cannot start until after the 1st permit for S/S is issued.)
May we be successful!!!