Winnemucca News

Winnemucca News

Humboldt County Commission revokes Jungo Land & Investment’s CUP extension - 04-06-2010

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WINNEMUCCA — With just seven days left on their conditional use permit (CUP), the company seeking to develop a class 1 landfill on Jungo Rd. lost the 5-year CUP extension that was necessary for the project to move forward.

The Humboldt County Commissioners voted unanimously Monday afternoon (April 5)  to revoke the extension previously granted by the Regional Planning Commission (RPC). 

Jungo Land & Investments can appeal and seek judicial review of the decision, but the state permits necessary to move forward with developing a class 1 landfill require an underlying CUP.  The company was granted the existing CUP on April 12, 2007, which required they obtain the necessary permits and get started on the project within a three-year time limit.  In February 2010, the company was granted a five-year extension by the RPC.

Robert Dolan filed and won on appeal claiming the RPC abused their discretion in issuing the permit extension because Jungo Land & Investments failed to show good cause the extension was necessary. Dolan was joined in the appeal process by Massey K. Mayo, both of Dolan Law Offices.

The loss of the extension was seen as a victory for anti-landfill forces.  After the hearing, Dolan commented, “I’m grateful to the Humboldt County Board of Commissioners who reversed the decision of the RPC.”

“I am most thankful for the citizens of Humboldt County who stood up to protect the beautiful desert and quality of life we have here,” Dolan continued. “If not for the committed work of those citizens the decision might have been different.”

During the appeal hearing, Dolan successfully argued Jungo Land & Investments had not committed the time and resources to move the project forward during the three years already granted to them.

The RPC may grant CUP extensions if evidence shows there was just cause for the delay, but Dolan argued that was not the case in the matter at hand.  Reviewing the timeline, he pointed out Jungo Land & Investments waited a year before filing for the solid-waste permit and 21 months before filing for the air quality permit.

Jungo Land & Investments was represented at the appeal hearing by John Frankovich of McDonald Carano & Wilson, of Reno, who countered the project was delayed by community activists attempting to derail the project.

Testifying for Recology, the parent company of Jungo Land & Investments, was Executive Vice President and Chief Operating Officer George McGrath and Project Manager Erin Merrill.

Under questioning, Merrill said the operating permit process was only anticipated to take nine months -- or so. She said the process was delayed – in part – because the Nevada Department of Environmental Protection (NDEP) had to respond to community concerns that didn’t surface until the company was more than two years into the project.

In addition, the company had numerous appeals filed by Dolan and Mayo at the state and local level that required response.

Merrill attempted to explain to the commissioners the company did move forward with the project.  She said before the operating permits were filed, there were numerous environmental and engineering studies conducted by the company – to the tune of about $1 million.

It was also noted the company actually began preliminary permitting discussions with the NDEP in 2006. In addition, Merrill explained the company turned in draft permits to the NDEP, whose representatives identified issues for Recology to mitigate.

During closing arguments Frankovich noted the extensive steps taken by community activists to delay the project, which included multiple appeals, judicial review of the CUP, and appeal of the NDEP-issued air-quality permit – all but one of which is still pending and were not filed until the last six months of the CUP.

He commented, “Don’t sit here and say ‘you could have proceeded with the project’ when you had the permits under attack.”

He reiterated his understanding of the Humboldt County Code, which granted exclusive right for CUP extensions to the RPC – not the Humboldt County Commissioners.

Dolan countered under the county code the commissioners have the right to review all decisions made by the RPC – even though CUP extensions were not specifically mentioned.

He restated his belief Jungo Land & Investments did not commit the resources necessary to complete the project and they misrepresented the facts on the CUP application.

“If they create issues for appeal, they don’t get the benefit of the delay,” he said.

After discussion, the commissioners voted unanimously to revoke the 5-year CUP extension granted to Jungo Land & Investments.  They agreed the company did not move forward in a timely manner to meet the conditions of the original CUP.

“Jungo blames this community – specifically three housewives – for their troubles,” Commissioner Tom Fransway noted in reference to the founding members of Nevadans Against Garbage (NAG).  He went on to say it was Jungo's own procrastination that resulted in their inability to meet the terms of the CUP.

The only real dissenter was Commissioner Garley Amos who said he believes in the rights of private property owners, and he went on to say it was his preference the matter by reviewed by the court.

The other commissioners noted that’s probably what would happen if the extension was revoked, so Amos voted with the other commissioners to revoke the extension.

Prior to the meeting participants expected some debate about whether or not Fransway would be permitted to participate in the appeal.  Frankovich asked that Fransway be recused for bias, since he has taken a public anti-landfill stance.

In a written response Humboldt County DA Russell Smith agreed bias existed, and he advised the commission to take action if Fransway didn’t recuse himself. However, once the hearing actually started the matter was briefly mentioned by Frankovich but not brought up again by either side. 

Fransway previously said he would not recuse himself.

Jungo Land & Investments still has options open to them for the development of the class 1 landfill at the proposed Jungo Rd. site -- including the option of going back and seeking a new CUP.  Representatives of the company were not available after the hearing for comment.

Written by Dee Holzel/Photos by Michael Michaelsen - Silver Pinyon Journal - 4/6/10

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