Read all about it here, and don’t expect any different for Humboldt County should the Jungo Landfill ever be built.
“In the waste industry, the big money has been made putting solid waste in landfills. To me, that’s not waste management: It’s just putting waste in a hole in the ground and hoping nothing goes wrong. If you can put waste back into commerce, that’s much smarter.” Michael J. Sangiacomo, president and CEO of Recology.
And to think that for the last several years Humboldt County has been assured by Recology and NDEP that nothing will go wrong. Of course, if something does go wrong, NDEP will be there, right?
Someone has been lied to. Humboldt County, NDEP, certainly Michelle Lodge who wrote this story for not doing the research necessary to ask the tough questions. Questions like: If landfills are such a thing of the past and your company is so environmentally conscious, why are you building a huge landfill in Nevada designed to last for ninety plus years, especially when seventy percent of the residents don’t want it?
15. 10:40 a.m. The procedure to be used by Humboldt County in negotiating the Host Community Agreement with Jungo Land & Investments, Inc. for the Jungo Landfill, the designation of a lead person for contact during negotiations, the retention of an expert to assist in negotiations, and the process of hiring such an expert – Discussion and for Possible Action.
This meeting will take place on November 13, 2012 at the Courthouse Commission Meeting Room at 10:40 am.
landfills –a highly inefficient and environmentally degrading system.
Click on the links in the article for a detailed and revealing look at what could be happening in a place like Humboldt County. Then jump up and down and clap your hands as you yell “oh boy, oh boy, we’re getting a dump”. No recycling or waste to energy here.
Scheduled for Monday, October 15 at 2:15pm: Possible amendments for Chapter 17.68 Conditional Use Permits concerning the procedures for applications for conditional use permits, including planning department staff review and recommendations on the applications, the Planning Commission review and recommendations or final authorization of the applications, the Board of County Commissioners review and final authorization or appellate review of the applications, and the vote required for action by the Planning Commission and the Board of County Commissioners on the applications at each stage of the process, and direction to the planning department staff and the Planning Commission to draft any proposed amendments – Discussion and for Possible Action
The short story: We got the name wrong on the permit, but we have the authority to change it and so we will. And, (rev01) they did.
The state reps go on to say that things are fine and we here in Mayberry don’t need to worry…they know what they are doing. NDEP is fully staffed, knowledgeable, and will oversee the construction and operation of this dump from start to finish. Should Humboldt County have any concerns, they will be Johnny on the Spot to address same.
Is any of this believable? We have our opinions and serious doubts. For those who care and couldn’t make the meeting, view the video and make up your own minds.
Scheduled for 1:30 on September 4 in the Humboldt County Commission Chambers, NDEP, possibly with help from the Nevada AG’s office, will attempt to answer questions submitted by the county and by individual residents. This will prove to be interesting as NDEP was advised in writing well before the issuance of these permits that the names were incorrect. NDEP responded that everything had been checked out and the paperwork was in order and correct. It obviously was not. Nevadans Against Garbage knew about the sale and did a post on December 13, 2011. Why didn’t NDEP know? This sale was one of the largest, if not THE largest, land sales in US history.
77. Some commenters expressed confusion with land ownership, name of official applicant, names on permits and the responsible party financial assurance.
The Division investigated these concerns. Nevada Land and Resource Company, LLC is the Land Owner,Jungo Land and Investments has leased it from them and Recology is the Authorized agent, which is consistent with the submitted Financial Instrument (Trust Fund).
The feeling here as to the answer: “No big deal. We’ll just get the Wite-Out and fix it.” We’ll see.
At the Monday, August 20 Humboldt County Commission Meeting, Commissioners took up the matter of major name discrepancies on permits issued by NDEP for the Jungo Landfill. They and several citizens were concerned both about the names and about the financial responsibilities should something go wrong. All of the problems associated with the Operating Permit were pointed out to NDEP well before they issued said permit, and they still seem to have gotten things wrong. This does not instill confidence. What else is wrong? Why did they not know about changes in ownership when WE DID?
There are several questions regarding these discrepancies, but no answers. NDEP wants written questions and supposedly will show up at the September 4 meeting to provide some answers. Anyone can submit questions, but they have to be submitted by 3pm Wednesday, August 22 to the County Administrator’s Office.
Please view the three videos below to see what this is all about.
Here is the letter written by local dump opponent Richard Cook to the Nevada AG seeking an advisory opinion concerning several issued surrounding the Jungo Dump:
Catherine Cortez Masto, August 1, 2012
Nevada Attorney General
100 North Carson St.
Carson City, NV 89701-4717
Re: Request for Advisory Opinions
Dear Attorney General Masto,
In spite of the fact that previous correspondence to your office has gone unanswered I am writing in hopes of getting advisory opinions that might help resolve the Jungo landfill dispute in Winnemucca, possibly protecting the community and saving San Francisco based waste management company Recology millions of dollars in the process. One has only to look to Yucca Mountain to see what can happen when some entity tries to cram a hazardous project down the throats of an unwilling population. A July 25, 2012 survey of Humboldt County voters was unchanged from a survey conducted in November 2009: Oppose landfill = 76%, Favor landfill = 17%, Undecided = 7%.
My questions are:
1. Does the 2010 Humboldt County Ballot Initiative limiting the size of landfills to one-and-a-half times the amount of waste deposited in the Regional Landfill (approximately 15,000 tons per annum) apply retroactively to the proposed Jungo Project? I am unaware of any limit on retroactivity for legislation pertaining to public health and safety. In Landgraf v. USI Film Products 511 U.S. 244 (1993) the High Court moved the, “Clear Statement Rule,” to the “Discernable Legislative Intent Rule,” regarding retroactive legislation. The Ballot Initiative was clearly intended to apply to Jungo.
2. Did the County Board of Commissioners have the authority to confirm that Ballot Question One does not apply to Jungo? It appears that they are in violation of NRS295.180 by making the ballot initiative inoperative.
3. Has the County Board of Commissioners acted contrary to their responsibility to protect public health and safety when in agreeing to the resolution they are effectively ignoring the conclusion of their own contracted landfill expert, G. Fred Lee, PhD that the project as proposed will result in health, welfare, groundwater resource and financial consequences for the current and future people of Humboldt County and the State of Nevada?
4. Is a Conditional Use Permit (CUP) not subject to the “Takings” clause of the fifth and fourteenth amendments when a project is deemed to be a threat to the health and welfare of the community?
5. Did the Humboldt County Board of Commissioners engage in a conflict of interest when they agreed to resolve a lawsuit in which they had been named as a board and as individuals? At their July 9, 2012 meeting the District Attorney had each of them acknowledge that they understood that they were indemnified and would not have to personally write checks in their individual lawsuits and therefore there was no conflict of interest. In fact, they had already been negatively impacted by the lawsuits with one complaining that he was unable to get an agricultural loan due to the suit against him and another unable to get a new car loan. The individual lawsuits appear to have been coercive in intent brought by corporate bully Recology a company with a history of corruption that retired California Superior Court Judge Quentin Kopp recently referred to as an “untrustworthy company” and a “virtual criminal enterprise.”
6. In their lawsuit (US District Court of Nevada case number 3:10-CV-00257-ECR-VPC) Recology complaints include: procedural irregularities, open meeting law violations and deprivations of Recology’s legal and constitutional rights by the Board. If Recology drops these complaints because they get what they want does your office not have the responsibility of investigating said complaints in the interest of justice? This case is fraught with procedural irregularities including the original issuance of a Conditional Use Permit (CUP) by the Regional Planning Commission (RPC) in April of 2007 prior to the County Code being amended in November of 2007 allowing for landfills other than the Regional Landfill. Was the original CUP not invalid when it was issued because the County Code did not permit landfills other than the Regional Landfill?
7. Is the operating permit issued to Jungo by the Nevada Dept. of Environmental Protection not invalid because the scope of the project (4000 tons per day for 95 years) was made illegal by the November 2010 ballot initiative (15000 tons per year maximum) prior to NDEP issuing the Operating Permit in 2012?
Enclosed please find copies of: Resolution agreement; July 9, 2012 statement to the Board by Richard Cook; June 25, 2012 letter to HCDA by Richard Cook; Summary of expert report by G. Fred Lee, PhD; Initiative Petition stating the initiatives intent to “preserve the health, safety and welfare of the citizens of Humboldt County and the State of Nevada;” John Frankovich April 29, 2010 letter to the Humboldt County Clerk; May 2, 2010 Initiative Petition Committee response to Frankovich letter. In addition to the enclosed documentation I would like to submit longer documents electronically such as the landfill expert G. Fred Lee, PhD November, 2011fifty-five page report to the Humboldt County Board of Commissioners soundly condemning the entire project and Nevada Case #3:10-cv-00257-ECR-VPC Recology’s fifty-nine page lawsuit against the County and Board of Commissioners individually.
Thank you for your attention to this matter.
4320 Paradise Ranchos Dr.
Winnemucca, NV 89445
Copies: US Dept. of Justice, Bob Dolan Law, Nevadans Against Garbage, Clean Desert Foundation, Humboldt County District Attorney, Humboldt County Clerk, Judge Quentin Kopp
As you may have read recently in the Humboldt Sun, a new Dump Survey questionnaire featuring the same questions as the first survey back in 2009 has been conducted by Richard Cook, the same person who did the original survey. The questions were the same: Are you in favor, do you oppose, and are you undecided. The results are in and they are virtually the same as in 2009. In spite of Jungo’s lobbying efforts, PR campaigns, site tours and litigation efforts, the vast majority of citizens still are opposed to this landfill. The initial survey was: Favor = 14%, Oppose = 78%, Undecided = 8% with an 8.5% margin of error.
Here are the results of the most recent survey:
There are 6937 registered voters in Humboldt County (List acquired from County Clerk)
A list of 525 voters was selected by a Gaussian random sampling computer program and mailed a questionnaire.
Of those 525 selected…
56 were returned as undeliverable by the US Postal Service.
246 did not respond.
223 did respond to the survey.
Of the 223 respondents…
37 responded “In favor” – 17%
170 responded “Opposed” – 76%
16 responded “Undecided” – 7%
Confidence Level – 95%
Margin of Error – 6.46%
So, between 69.54% – 82.46% are opposed to the dump
and between 10.54% – 23.46% are in favor of the dump
and between 0.54% – 13.46% are undecided. – Because of the margin of error.