Moratorium set for hazardous waste business operations in Pahrump
As much has occurred when solar developers began eyeing the town of Pahrump, Nye County has issued a moratorium on the processing of licenses for other industries that have shown increased interest in the valley – those dealing in hazardous wastes.
As part of a new section of Nye County Code, enshrined as chapter 8.44, the moratorium on hazardous waste operation license applications will become effective on Monday, Jan. 13. It is set to last for the whole of the year, expiring as of Jan. 1, 2026.
The main provision of the new ordinance establishes the need for companies to secure an operating license for any business involving, “…the handling, processing, transporting or disposal of hazardous substance/toxic material or substance…” The requirement is for all operations seeking to locate anywhere within, not only the town of Pahrump, but the boundaries of the water basin that provides the community’s sole source of water.
“Given the lack of expertise we currently have with developing Environmental Impact Statements and things of that nature, (this will) put a moratorium on the granting of any licenses for one year,” Nye County District Attorney Brian Kunzi, who was tasked with crafting the code, stated during the Nye County Commission’s Dec. 17, 2024 meeting. “What it will do is prevent somebody from coming in before we get everything into place, so no one is going to be able to come in and do any of these functions listed in the code because there is no capability of getting a license due to the moratorium.”
As to concerns from the public regarding the simplicity of the ordinance, Nye County Commissioner Frank Carbone noted, “This is step one.”
Over the next 12 months, Kunzi and county staff will work collaboratively to draft more in-depth regulations but, in the meantime, Kunzi stressed that the ordinance as proposed would provide a measure of protection while that happens.
“Partly the concern is, I think that one of the main issues in looking at this is that we’re not really equipped at this time to deal with some of these environmental concerns,” Kunzi explained. “I think it’s important that we have something in place that gives us the time to… develop a very comprehensive Environmental Impact Statement that these companies would have to provide to us, at their expense, in order to demonstrate that whatever operations they are doing will not cause any particular release of any toxics into the soil, water or air even.”
He also touched on why there was no comprehensive breakdown on precisely what hazardous materials are included.
“When you start listing specific subjects, you create a lot of issues because what you don’t list, is an exemption,” Kunzi detailed. “You try to broadly define the substances themselves… The definitions are very expansive. If you try to list things, you’re going to miss things.”
Commissioner Bruce Jabbour then questioned why the ordinance does not apply to other communities in Nye County, to which Kunzi responded that each is unique.
“I respect the autonomy that the other communities have,” he stated, adding, “Those are certainly considerations as we move forward, to see what they want to do.”
Carbone made the motion to adopt the ordinance as proposed, with unanimous concurrence from the board.
The new ordinance also includes fines for violation which are limited by state law to $1,000. However, those fines can be assessed cumulatively, with each day constituting a separate violation.
Contact reporter Robin Hebrock at rhebrock@pvtimes.com
