Do you think you can predict how the courts will resolve septage issues? Read the facts below and feel free to comment on how you think the case should come out. Check back in a week to find out what actually happened.
A septage facility wanted to contract with the owner of a farm for the land application of septage. State law required that approval for such land application had to be obtained from the affected county and from the state department of environmental regulation, but did not otherwise set out any standards. The operator obtained a letter signed by the chairman of the county commission saying that his proposal was approved so long as he complied with federal standards for the land application of septage. With his letter in hand, the operator applied for the state permit. While his state application was pending, the operator received a letter from the county attorney saying that his proposal was never considered by the commission and that notwithstanding the earlier letter signed by the chairman, the operator had no permit for septage land application. When it was informed of the county attorney’s letter the state DEP denied the operator’s application. The septage operator sued the county arguing that it’s revocation of his permit after it was granted was a denial of due process of law and equal protection of law. He also argued that because the state had not established any septage standards, he was entitled to a permit so long as he complied with the federal standards.
Will the operator win?
Richard Brener is General Counsel for Clear Choice Wastewater Treatment, LLC, the leader in environmentally-friendly and cost-effective solutions for the treatment of septage, grease, and other wastes. If you would like more information please visit www.ccwt.info or contact us at email@example.com or (877)-770-2618.
This feature is presented for discussion and entertainment purposes only. It is not legal advice and should not be relied on as such. If you have a legal question, please contact an attorney in your jurisdiction.