Washington Recycler Seeks Permit for Yard

A construction debris recycling company in Washington State won't face daily fines as it works to get permits to operate its business near the Bothell-Everett Highway, a Snohomish County (Washington) hearing examiner ruled last week.

The company, Hungry Buzzard, was cited by the county for setting up its operation in the woods without proper permits. County code investigators stepped in after nearby homeowners complained in 2006 that the business was too noisy and dust wafted through the neighborhood.

The company leases land owned by Leslie and Judy McClure beneath electrical transmission lines west of the Bothell-Everett Highway.

Hungry Buzzard rents out containers to construction job sites and later retrieves them to recycle the contents -- described as building materials including roofing, wood, concrete, metal and masonry.

The county ordered the company to shut down by June 29, 2007, or apply for proper permits.

In March, a hearing examiner ruled the company shouldn't have to pay daily fines.

The county had sought fines and tougher deadlines for obtaining a permit.

County Hearing Examiner Pro Tem Wick Dufford rejected the county's request last week.

The county controls the timing of the permits, he ruled. Public hearings are required and that affects when the permit might be issued, he said.

"The timing of events cannot be known with certainty," he wrote. "The date by which the permit in question will be issued -- if it is issued -- cannot effectively be dictated by fiat." Everett (Washington) Herald