State pollution board hears arguments about Caton Landfill operations near Naches

A state board is hearing testimony this week about the Caton Landfill near Naches.

A multi-day hearing is taking place before the Pollution Control Hearings Board, a quasi-judicial body under the state’s Environmental Land Use and Hearings Office, based in Tumwater.

The private landfill has been operating for years as a limited-purpose landfill, which means it disposes of primarily construction and demolition waste. It takes materials from communities in Washington, Oregon and British Columbia.

On June 30, 2023, the Yakima Health District denied an operating permit for Caton Landfill, citing regulatory compliance issues. Caton appealed the district’s decision to the state hearing board in September 2023.

It has continued to operate during the appeal, arguing that it is a solid waste recycling facility, which under state law can continue to operate during appeal. In August, the pollutions control board disagreed, saying landfill operations should halt until the hearing this month. Local officials said their enforcement options were limited.

Attorney Chris Mertens, representing the Yakima Health District, presented records showing that Caton Landfill had not reported any recycled materials leaving the landfill prior to 2024.

The Yakima Health District’s position is that Caton Landfill must cease operations and submit a new permit to resolve its issues, Mertens said.

The district has sent letters, held meetings, and given ample time for the landfill to come into compliance, he said.

Attorney John Hempelmann, who represents the landfill, said the Yakima Health District has given permits to other landfills that have serious health and safety issues during that time.

“Caton Landfill has been treated arbitrarily and capriciously,” Hempelmann said.

The company is hoping to get its permit renewed with conditions and a compliance schedule.

Randy Caton, landfill manager and son of owner Charlotte Caton, was the main witness Monday.

Caton said that he has attempted to work with regulators, but said they are unwilling to work with him. He described the compliance issues as a paperwork problem.

Caton said the county is unable to provide him where the boundaries of his nearly 60-acre landfill ought to be, and the Catons have been operating based on the topography of the ravine they are filling with material.

Caton said he would be willing to reach an agreement with regulators on a boundary and amend the original permit, but is unwilling to go through a new limited landfill permit process, as requested. He said they would have to shut down if they were to do a new permitting process, and will appeal to a superior court if necessary, he said.

The Caton Landfill opened in 1998, and he has been managing it since 2011, and not until recently has there been an issue with the boundaries, Caton said.

Neighbors have raised concerns about the landfill’s operations, fires on site and truck traffic. Caton said the landfill has not had any major fires since it began working with a consultant on prevention techniques.

The hearing is taking place virtually via Zoom, and is scheduled through Friday. A link can be found on Environmental Land Use and Hearings Office website, eluho.wa.gov. Findings from the hearing will be posted in its case management system. Any appeal of the decision would go to Yakima County Superior Court.

Questen Inghram is a Murrow News Fellow at the Yakima Herald-Republic whose beat focuses on government in Central Washington communities. Email qinghram@yakimaherald.com or call 509-577-7674.

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