MINUTES OF THE

      SENATE COMMITTEE ON NATURAL RESOURCES

 

      Sixty-seventh Session

      January 25, 1993

 

 

 

The Senate Committee on Natural Resources was called to order by Chairman R. Hal Smith, at 8:45 a.m., on Monday, January 25, 1993, in Room 224 of the Legislative Building, Carson City, Nevada.  Exhibit A is the Meeting Agenda.  Exhibit B is the Attendance Roster.

 

 

COMMITTEE MEMBERS PRESENT:

 

Senator R. Hal Smith, Chairman

Senator Dean A. Rhoads, Vice Chairman

Senator Ernest E. Adler

Senator Thomas J. Hickey

Senator Mark A. James

Senator Joseph M. Neal, Jr.

Senator Dina Titus

 

GUEST LEGISLATORS PRESENT:

 

Assemblywoman Vivian Freeman

 

STAFF MEMBERS PRESENT:

 

Caren Jenkins, Senior Research Analyst

 

OTHERS PRESENT:

 

Verne L. Rosse, Chief, Bureau of Waste Management

Lew Dodgion, Administrator, Nevada Div. of Environmental Protection

James P. Hawke, Director, Nevada Office Of Community Services

Tom Polikalas, Nevada Office of Community Services

 

Senator Hickey referred to an article on Yucca Mountain in the October, 1992 issue of Inter Alia.

 

Senator Smith said this subject would be reserved for a future meeting.

 

Senator Smith welcomed Doug Busselman with the Nevada Farm Bureau and Don Allen from Lyon County Utilities.

 

 

Mr. Verne Rosse, Nevada Division of Environmental Protection (NDEP), talked about the Solid Waste Program as written in Exhibit C.  This presentation was a summary of two publications by the NDEP.  The first was the State Solid Waste Management Program and the second was a State Recycling Report.

 

Senator Hickey asked if there was a way to address importation of solid waste through planning or zoning, allowing a limit on certain types of waste, or a way the type of waste that would go into a landfill could be disciplined. 

 

Mr. Rosse said the only way to get a handle on this, as other states have been able to do, would be to have a uniform fee on in-state as well as out-of-state waste.  Raising fees would penalize our own citizens.

 

Senator Neal asked about the state regulating the types of containers, open or enclosed trucks, in which waste is delivered.

 

Mr. Rosse replied those requirements are existing in federal law and in state rules of transportation.  He said the Department of Motor Vehicles enforces those regulations.

 

Senator Hickey asked if only the federal government sets the standards for health and safety in equipment transporting solid waste or can the state request more stringent standards.

 

Mr. Rosse said the federal government sets the standards on federal highways.

 

Mr. Lew Dodgion, NDEP, said that in most EPA programs states can be more stringent in standards because of health and safety.  More stringent standards cannot be set for out-of-state waste unless there is a good health and safety requirement. 

 

Senator James said it was his understanding that as long as a restriction imposing a burden on interstate commerce is not discriminatorily applied, the state can go ahead and impose that burden.  Consequently, waste will be going to the states that have the least restrictive requirements because the cost of disposing it there will be less.  He asked what would Nevada look at in terms of increasing the restrictions and regulations.

 

Mr. Rosse said NDEP was not getting any revenues to regulate an out-of-state waste facility.

 

Senator Adler asked if it was because of there being no fees at waste dumps in Nevada that there was no means of regulating them.  He asked if an opening fee or monitoring fee could be charged over a certain tonnage if a new facility were opened.

 

Mr. Rosse said there are programs that NDEP operates in the hazardous waste area in which an application fee, an annual permit fee and waste

fees are charged.  Those kinds of mechanisms are available for our sites in Nevada but they need to be applied indiscriminately.

 

Senator Adler asked if we were to apply that to a new waste site opening fee then would the current sites not be impacted.

 

Mr. Rosse said that was correct.

 

Assemblywoman Freeman asked what the current status was in Beatty and what the current status is with U.S. Ecology.

 

Mr. Dodgion replied that U.S. Ecology has filed two suits.  One against the State Environmental Commission (SEC), and the other against the director of the department and himself.  One cases is in the state district court against SEC in which a partial decision was granted in their favor and is now on appeal in the State Supreme Court.  The second case, against Peter G. Morros, Director, Department of Conservation and Natural Resources, and Mr. Dodgion, is in federal court with the preliminary hearings probably being held in May.  In addition to that, Mr. Dodgion and Mr. Morros have filed a motion asking for judgment in the state district court because they feel that U.S. Ecology has failed to comply with the terms of the lease on the facility.  There have been no dates set for hearings on arguments on either of this motions or the U.S. Ecology's reply motion.

 

Senator Hickey said that he saw out-of-state waste as being the major cost of running waste in Nevada as a transportation issue.  He thought the cheapest way would be by railroad since the largest landowner in northern Nevada is Southern Pacific.

 

Senator Hickey also referred to the different standards in the quality of wastes and he thought certain wastes could be prohibited from coming into Nevada from out-of-state. 

 

Mr. Rosse said the State of Ohio tried to control the quality of solid waste from out-of-state but the courts determined that to be an unreasonable constraint of the commerce clause.

 

Senator Hickey asked if the restriction could be made at the site rather  than by state law.  Mr. Rosse said that could apparently be done if the site is state or county owned.

 

Mr. Dodgion said that he thought a particular site could be restricted to a particular waste but it would also restrict whatever waste was banned to in-state origin as well.  Complying with the federal law, he said, would be a burden on the small counties.  Mr. Dodgion reemphasized that there is a difference in standards at the federal level for a small landfill of less than 20 tons per day.  Anyone importing a large amount of waste from out of state will exceed 20 tons per day so more stringent standards would be applied.

 

Sen. Neal asked Mr. Dodgion what the issues are in the lawsuits mentioned above.

 

Mr. Dodgion replied the suit against the State Environmental Commission by U.S. Ecology alleges that fees assessed to hazardous waste at the Navy facility by the Commission were beyond their statutory authority.  The suit against Mr. Morros and Mr. Dodgion is an interstate commerce-type suit and it seeks to restrain them from enforcing the regulation adopted by the Commission.

 

Senator Neal asked how the lawsuits are being paid for.

 

Mr. Dodgion said they were probably covered by money in the State Hazardous Waste Management fund.  He had no idea what the cost of the lawsuits would be and he felt uncomfortable discussing it.

 

Jim Hawke, Director, Office of Community Services, spoke regarding the participation of that office in recycling.  The Office of Community Services established programs in the school districts to offer energy and environmental education several years ago so it was very easy to add the recycling component.  He said there has been a tremendous interest in recycling all over Nevada.  An Office of Community Services packet was given to the committee covering marketing and public information efforts made on behalf of recycling (Exhibit D).

 

Tom Polikalas, Recycling Coordinator, Office of Community Services,

referred to the Public Information Poll in Exhibit D, showing the support for recycling in Nevada, is 97 percent in Clark County, 96 percent in rural Nevada and 95 percent in Washoe County.

 

Senator Adler asked what percentage of the population is participating in curbside recycling at the present time.

 

Mr. Polikalas replied that to the best of his knowledge above 75 percent participation.

 

Assemblywoman Freeman asked if there was any reason to believe Vice President Gore would promote legislation that would allow federal funds to come into Nevada to help with the recycling programs.

 

Tom Polikalas replied that the Federal Environmental Protection Agency is becoming more involved and the likelihood under the Clinton/Gore administration is there will be better funding.

 

Senator Hickey asked how much money comes into the state for recycling.

 

Jim Hawke replied "There is about $270,000 for the programs and about $200,000 for grants to local governments and non-profit groups."

 

Senator Smith presumed research was continuing on how to use the balance of the waste not being used at the present time.

 

The meeting was adjourned at 10:05 a.m.

 

            RESPECTFULLY SUBMITTED:

 

 

 

                                    

            Jane King

            Committee Secretary

 

 

 

APPROVED BY:

 

 

 

 

                                

Senator R. Hal Smith, Chairman

 

 

DATE:                           

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Senate Committee on Natural Resources

January 25, 1993

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