Winnemucca News

Winnemucca News

RPC extends landfill CUP for five years - 02-14-2010

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WINNEMUCCA —  The conditional use permit (CUP) issued to Jungo Land & Investment for the development of a class I landfill was extended another five years at a marathon session of the Regional Planning Commission’s Thursday (Feb. 11) meeting.  The extended permit will expire on April 12, 2015.

In order to receive the extension, representatives from Jungo Land & Investments had to show there was good cause for the delay in the process.  Addressing the issue was Recology’s legal counsel John Frankovich, Project Manager Erin Merrill, and  Chief Operating Officer George McGrath.

Frankovich reminded the planning commission Recology had originally requested a three-to-five year timeline for the CUP but was only granted three years.  He commented, “That was always going to be a tight schedule.”

Having been granted the CUP in 2007, Recology began the lengthy permitting process associated with developing a class I landfill.  In summer of 2009 opposition began to organize against the landfill, which created legal and political challenges, Frankovich added.  Recology has defended multiple challenges to the CUP and will continue in that vein as the matter has moved to 6^th Judicial District Court for judicial review. 

“NDEP permits have been delayed considerably in the last six months to a year because of third-party  interventions," Frankovich added.  “There have been two petitions filed to revoke the CUP and a pending lawsuit.”

As an example of their allegations that public scrutiny slowed the process, Merrill referenced an air quality hearing held in Winnemucca by the NDEP in which the community was invited to comment. “The NDEP has to answer all those comments,” she noted.

Merrill pointed out despite some of the challenges Recology has moved forward in the permitting and pre-construction process.  She updated the board on the progress the company is making in pursing the necessary permits for the landfill in addition to ongoing efforts to negotiate contracts with Union Pacific Railroad, a legal review of the draft contract with the Humboldt County DA’s Office, and the purchasing of water rights. 

“We continue to pursue this project diligently and in good faith,” she said.

During discussion, the chairman of the RPC, Ray Olsen, commented with pending litigation the company probably deserved the five-year requested extension.

Commission member Steven Nye attempted to have language inserted that would require Recology to come back once a year and give a progress report; however, multiple board members pointed out that’s already a condition of the CUP. 

Nye acknowledged Recology appeared to have good cause in requesting the extension.  However, because language was not included in the extension that would have required a yearly progress report, Nye voted against the motion for extending the CUP.  

Commission member Walter Lee also voted against the measure - but did so without comment.

Voting to approve the extension were Bob Edwards, Ray Olsen, Rich Brown, Joyce Cox, and Pam Wickkiser.

Written by Dee Holzel / Photos by Michael Michaelsen - Silver Pinyon Journal - 2/14/10

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