Does Nye have regulations for commercial hazardous waste?

Following the uproar over MediWaste and a recently denied solar panel recycling facility, Nye County officials have started the process of drafting regulations for businesses that operate in hazardous waste materials.

Nye County District Attorney Brian Kunzi is taking the lead on the effort, telling Nye County commissioners last month that it was an imperative action.

“I think the thing that probably alarms a lot of us is, it does seem that we’re becoming a potential target for some of these industrial production facilities that want to come out here because of Nevada’s very lax regulations and kind of hide out here. And I don’t think anybody really wants our community to be involved in these kinds of things,” Kunzi remarked, adding, “This is not dealing with household wastes or things of that nature. We’re talking about mass production, processing that is going to potentially inject a tremendous amount of hazardous chemicals into our soils and into our water.”

Kunzi began by looking at what the Environmental Protection Agency and other states have done to regulate such commercial enterprises and he presented a very simple iteration of what the county might put in place.

“Prohibition on manufacturing, processing, treatment or disposal of any hazardous substance/waste or any byproduct thereof listed below within a 10-mile distance outside of the nearest boundary of the town of Pahrump: organic chemicals manufacturing; pesticides manufacturing; petroleum; inorganic chemicals manufacturing; iron and steel production; primary aluminum production; coking; recycling of batteries, pesticides, mercury-containing equipment, lamps, aerosol cans, solar panels/photovoltaic modules; lithium-ion batteries; biological matter or otherwise classified as medical waste; any other hazardous waste as defined in NRS (Nevada Revised Statute) 459.430, NRS 459.465,” the proposal read.

Though originally presented with a proposed 10-mile buffer, Kunzi said this was just a starting point to get the discussion going. The intention, he said, is to create a buffer of some kind around the town of Pahrump, whether it be based on the boundaries of the Pahrump Regional Planning District or encompassing all of the valley’s sole-source aquifer, Basin No. 162.

“As we’ve seen, we’ve been hit several times with companies wanting to move their facilities here. I think we have a right and we have an obligation to protect ourselves from the hazards that these types of operations can create,” Kunzi stated. “If something tragic happens - and these things could all trigger fairly significant incidents - then we have a massive problem. So it’s better to prevent these things by not allowing these kinds of toxicities to come into our valley, particularly if it’s going to be able to potentially leach into our water.”

Commissioner Bruce Jabbour jumped in to state that many of the communities in Nye County, with the exception of Pahrump, have mining operations and emphasized that the county would need to be careful not to unintentionally impact those operations. Kunzi said any code could be tailored so as to not include mining, which is a critical industry in Nye County, both in terms of tax revenue for the county and employment for its residents.

Joni Eastley, with the town of Tonopah, also added that Tonopah is not as opposed to businesses operating in hazardous waste, which she has been actively attempting to recruit to that area. With thousands of acres of county-owned land at the Tonopah Airport, Eastley said that site makes an ideal location for those types of businesses.

“She’s absolutely right. That’s a prime example - Tonopah and what is capable of being done out at that airport is a far different animal than what we’re dealing with here in Pahrump,” Kunzi acknowledged, noting that the initial regulations would only focus on the Pahrump Valley.

When it comes to the transportation of such waste through its communities, however, Kunzi said there’s only so much the county can do. “We can regulate what goes on a county road but when we get into the state highways, the federal highway systems, when US-11 starts coming through here, sadly, we don’t have the authority,” he said.

Kunzi encouraged anyone with ideas or suggestions to add to reach out to him at BTKunzi@nyecountynv.gov

“The bottom line is, we’re protecting the water resource,” Jabbour stated as the discussion came to a close. “For you, your families, the community and more people to come.”

Contact reporter Robin Hebrock at rhebrock@pvtimes.com