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HEARINGS EXAMINER FINDINGS AND DECISION <br /> SNOHOMISH COUNTY SEPA APPEAL NO. 1-95 <br /> Page 7 <br /> 21. The County submitted that the City's reliance in 1995 on environmental <br /> information from the County's 1989 plan was in error. According to the County, the <br /> 1989 plan was drafted and the environmental review was made for the implementation <br /> and start up of the Snohomish County Comprehensive Solid Waste Management Plan. <br /> The issues at the time of formation of the 1989 plan were not the same as those issues <br /> that existed in 1995. SEPA requires consideration of environmental impacts and <br /> effects based on the proposal for the 1995 plan. To base the review on the 1989 plan <br /> was in error. (Kelley-Clarke Testimony) <br /> 22. According to the County a major circumstance that the City did not consider for <br /> the 1995 Plan is that the City did not adopt and implement its preferred alternative as <br /> set forth the 1990 City plan. The preferred alternative involved minimum land filling <br /> with emphasis on promoting reduction and recycling, incinerating materials remaining <br /> after recycling, and, land filling the ash and other wastes not suitable for incineration. <br /> Instead the City committed itself to disposing its solid wastes through the County solid <br /> waste system. The County argued that this action by the City created a circumstance <br /> that must be considered in the 1995 review of any amendment to the City's 1990 plan. <br /> (Kelley-Clarke Testimony; Exhibit 12, page iii-iv; Exhibit 12, pages 1-2; Exhibit 25) <br /> 23. A changed circumstance, according to the County, is the existence and <br /> configuration of the County's solid waste system that has evolved since 1990. The <br /> County submitted that this system, not analyzed in any of the City's earlier <br /> environmental documents, includes a regional integrated solid waste handling and <br /> disposal system designed to protect the public health by reasonably and efficiently <br /> managing all solid wastes generated by the one half million residents of the County and <br /> the participating nineteen cities and towns, including Everett. According to the County <br /> this system was developed at a time of crisis when the local land fill capacity was <br /> exhausted and the possibility of developing new land fills was not considered. (Exhibit <br /> 25) <br /> 24. A representative of the County testified that a number of significant events have <br /> occurred since the adoption of the County solid waste management plan in 1989 that <br /> impact the County's plan and necessitate further environmental study of the <br /> environmental review of the City's 1995 amendment and plan. According to the <br /> County, these significant events are: <br /> (a) Cancellation of a transfer station proposal at the junction of SR 9 and SR 2 <br /> because of traffic conditions (1989). It was the County's intent to build a <br /> transfer station to serve the central part of the County. This plan was <br /> canceled and more emphasis was placed on finding a replacement for the <br /> Everett station. <br /> (b) Signing of interlocal agreements (1990). The County submitted it signed <br /> interlocal agreements with most of the cities and towns in the County to <br /> assure twenty year dedication of their waste streams to the County system. <br /> These agreements were the basis of the County's planning on solid waste. <br />