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BRIGHTON, Colo.—Adams County wrongly spent $750,000 in fees from a hazardous waste dump to sue the state for allowing the dump to accept low-level radioactive material, a judge has ruled.

The judge said the county must return the money to a fund set up to offset costs associated with the dump.

Adams County District Judge John T. Bryan issued the order late Thursday.

The case stems from the county’s long-running battle over a hazardous waste site operated by Clean Harbors LLC in Deer Trial, 80 miles east of Denver.

Adams County sued the state after it issued a license for low-level radioactive waste at the site, claiming the county should have been consulted but was not. The suit is now before the state Supreme Court.

Jennifer Wascak (WAH’-shuk), Adams County deputy county attorney, said Friday the county hasn’t decided whether to appeal the ruling on the legal fees.

“Obviously we disagree with the district court analysis and conclusion, and the county is evaluating its next step in this case,” she said.

Attorney General John Suthers, whose office is defending the state against the county’s lawsuit, welcomed the ruling.

“The money Adams County dipped into was intended to help state and local authorities accommodate the Clean Harbors hazardous waste facility and ensure safe operations,” Suthers said in a written statement.

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