|Dolan appeals landfill extension to county commission|
|Written by Dee Holzel|
|Monday, February 22 2010 03:59|
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WINNEMUCCA — Robert Dolan and Massey Mayo, of Dolan Law Office, filed an appeal Thursday (Feb. 18) to have the Humboldt County Commission reverse the decision of the Regional Planning Committee for a five-year extension to the conditional use permit granted to Jungo Land & Investment for the development of a class 1 landfill.
The RPC voted 5-2 on Feb. 11 to extend the permit. The extension was at the request of Jungo’s representatives who told the board they have been actively pursuing the permits required for a class 1 landfill. However, there have been delays in the process -- including actions taken by anti-landfill groups and a pending judicial review.
The original use permit was for three years, over the request of Jungo’s representatives who asked for a three-to-five year permit.
The appeal to the county commission noted members of the public requested the extension be denied or, in the alternative, that additional conditions be added to the extension. Once such request was for a environmental review report to address additional public concerns – such as impact to wildlife.
In addition, the appeal noted, concerns presented by the Summit Lake Paiute Tribe by Ron Johnny, the tribe’s environmental coordinator, have only just been presented and would need to addressed, as well. Johnny told the RPC the tribe continues to use the area near the proposed landfill for hunting and spiritual ceremonies.
Dolan argued in the appeal the RPC acted outside of NRS 444.440, the state statute governing landfills for the environmental and health protection of the residents, when it voted to extend Jungo’s use permit without further conditions.
“Said RPC granted the extension while completely failing to impose any conditions on the extension to protect the health, safety and welfare of the citizens of Humboldt County, Pershing County and other citizens of the State,” Dolan noted in the appeal and added, “This was an abuse of discretion.”
Dolan alleged the problem with obtaining the necessary permits was not brought on by the actions of anti-landfill groups, but by the company itself.
“Jungo just did not commit sufficient resources or effort to the project,” the appeal notes.