Judge rules reservation towns must pay Clean Air Agency fee despite jurisdiction

YAKIMA, Wash. — A Yakima County Superior Court judge has ordered Toppenish to pay annual assessment fees to the Yakima Regional Clean Air Agency.

The city faces paying up $13,000 in arrears to the agency, said agency spokesman Dave Caprile.

City officials stopped paying annual assessments to the agency about five years ago because Toppenish is on the Yakama reservation, which is under the authority of the U.S. Environmental Protection Agency.

But on Thursday, Superior Court Judge Michael G. McCarthy ruled that the city of roughly 10,000 residents is still on the hook for fees to the air agency despite the jurisdictional issue.

McCarthy issued an oral ruling from the bench, and the city is awaiting a written decision before deciding whether to file a challenge, said Yakima attorney Pat Spurgin, who is representing Toppenish.

"There will have to be written order and then the city will talk about how to address the general issue," he said in a telephone interview Friday.

Toppenish isn't the only city disputing the fees to the agency. Wapato, a smaller reservation town to the north, also refuses to pay.

"Maybe there would be some precedence set in how we would deal with Wapato," Caprile said of the ruling.

Paraphrasing McCarthy, he said fees are not rendered in exchange for service, but rather a means of supporting the agency, which is required by state law.

He said even though both Toppenish and Wapato are under the authority of EPA, they still must support the regional air agency.

"They are simply component cities," he said. "They are incorporated under state law. They are part of state law and must comply with state law."

But Toppenish City Manager Bill Murphy doesn't see it that way.

"Federal rules have superseded the Yakima Clean Air Agency," he said. "Taxpayer funds should be for services. We have been looking for a way to make sure that what we pay matches up with services we receive."

Assessment fees are based on population, and Toppenish's assessment this year is $3,580. Wapato owes $4,800 in arrears, and its assessment this year is just under $2,000, Caprile said.

* Phil Ferolito can be reached at 509-577-7749 or pferolito@yakimaherald.com.