January 28, 2006

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Don't Change Waste Process
Deseret Morning News editorial
January 25, 2006

Because waste disposal is such a vital concern in Utah, lawmakers years ago set up a system that makes the process of securing permission for such a thing extra hard. First, it must be approved by the city or county responsible for planning and zoning in the area where it is proposed. It also needs approval from state regulators. Then, once those entities are satisfied, the Legislature and the governor must approve.

Any of these could veto the idea. But none could grant approval without each of the others.

This is a wise safeguard for the public against political manipulation, a misguided desire for economic benefits to a particular area or any other factor that might lead to a decision that is counter to the public's interest.

A bill proposed by Sen. Howard Stephenson, R-Draper, would change this process. It would allow two-thirds of the Legislature to override the governor if he vetoes the Legislature's approval of a waste disposal license.

Stephenson says he is concerned about the process. In all other cases, if the Legislature passes a law and the governor vetoes it, the Legislature can override that decision by a two-thirds vote. This is an exception.

But a previous Legislature felt this issue was of such importance that a separate process was necessary, and that process needs to remain. It grants all parties equal power. If, for example, the state one day had a governor who felt a waste-disposal site was important but the Legislature did not, the governor would not have the ability to override that disapproval.

It is significant to note that the bill would not take away a local government's ability to veto a disposal site, as well. Only the governor's power seems to be in question here.

Gov. Jon Huntsman Jr has said he would not approve of any plans to expand Envirocare's hazardous waste site in the desert west of Salt Lake City. Because of that opposition, Envirocare has decided to scrap its plans.

Hazardous-waste disposal needs to be handled with greater care than do other matters because it could have long-lasting effects on the state, its image and the legacy bequeathed to future generations. When even low-level radioactive waste is deposited here, it renders parts of the state unusable for generations.

An impoverished county may see the money generated by hazardous waste as tempting. Some lawmakers may in the future be swayed by political contributions to support a waste site even if it otherwise makes no sense. The same could be said for a future governor. The current process contains safeguards that put the public interest ahead of these other considerations. It should not be changed.