Decade
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Shundahai is a Newe (Western Shoshone) word meaning "Peace and Harmony with all Creation"
February 4, 2006
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Don't Undo Law on Waste Dumps
Fifteen years ago, the Utah Legislature decided that the governor should have the final say on whether hazardous waste dumps are allowed in Utah. Now, Sen. Howard A. Stephenson wants the Legislature to be able to say "yes" when the governor says "no." Stephenson is sponsoring Senate Bill 70, a bill that would allow the Legislature to override the governor's rejection of a waste dump permit. The Draper Republican said the measure is an attempt to restore the balance of power between the Legislature and the governor's office. He said the Legislature unwittingly gave up its constitutional power when it gave the governor the final approval of waste sites. "If Rocky Anderson were to become governor, he could say he does not want any new landfills approved, even municipal landfills," Stephenson said. "We could wind up like New York in the 1980s, when the garbage barges were looking for a place to land." Stephenson said he only learned about this power shift when Gov. Huntsman announced he would not approve Envirocare of Utah's request to expand its radioactive waste dump in Tooele County. But that calls his current motive into question. Envirocare is a member of the Utah Taxpayers Association, which Stephenson heads. The association, characterized almost exclusively by anti-tax positions over the years, opposed an initiative that would have forced Envirocare to pay higher taxes on the radioactive waste it accepts, and bar it from accepting anything hotter than its current Class A waste. Envirocare representatives say they haven't asked Stephenson to sponsor the bill and are not taking a position on it. The company has also withdrawn its expansion plans "for the time being." That may mean it is dropping the issue for good; or it may be waiting for Stephenson to break the political brush so an expansion is easier to obtain. Stephenson says he is not sponsoring SB 70 to help Envirocare. But even if that's true, it's still a bad bill. The problem he is trying to fix -- the alleged power imbalance -- does not really exist in this matter. This is the only instance in the state code where the governor has the last word on a matter approved by the Legislature. The Legislature can override the governor's vetoes on any other legislation, so long as two-thirds of each house agree. In any case of bad law, the Legislature can rescind it and attempt to undo the damage. The harm would be minimal and not permanent in most cases. But dangerous waste dumps are a different matter altogether. Once a landfill is opened (especially one that deals in radioactive waste that remains dangerous for centuries), it cannot be undone. If things go wrong, the state is stuck with the mess, literally and figuratively. A dump such as Envirocare's, cannot be dismantled and the land restored to pristine shape. The current procedure for approving landfills goes back to a time when Utah was widely viewed as an ideal dump. While most states grant permits through the administrative side of government, Utah combined the Legislature with the governor's office to raise the standards and keep Utah from being seen as the national home for radioactive waste. If either objected, an expansion would not be allowed. Allowing the Legislature to override the governor's veto on permit requests would undo that protection and make Utah once again a target for easy dumping of radioactive waste. Nothing has changed since 1990. The state is in a running battle with Private Fuel Storage to keep nuclear waste out of the state, while Envirocare entertained the idea of accepting even hotter, more dangerous waste than it currently accepts. To some on either coast, Utah's open spaces are an ideal place to stow dangerous garbage they don't want. One of Huntsman's goals as governor is to promote Utah as a place for companies to set up shop. It will be hard to get clean businesses that will offer Utahns high-paying jobs to come here if the state is perceived as poisoned. The Legislature knew what it was doing when it first gave the governor the authority to reject waste dump applications. It was fighting to preserve the state's image. Legislators must do so again by rejecting Stephenson's ill-conceived bill.
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