Waste issue isn't resolved

Published: Sunday, Oct. 24, 2004 7:42 p.m. MDT
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A legislative task force didn't recommend an outright ban on radioactive waste, nor has it further opened the door to hotter forms of waste. After extensive study and hearings, the joint task force on Hazardous Waste Regulation and Tax Policy left in place the requirement that the Legislature — in concurrence with the governor — approve the importation of Class B and Class C waste into Utah for disposal purposes.

This requirement is a safety net of sorts. But the panel's refusal to recommend an outright ban on future shipments of certain types of radioactive waste into Utah means the Legislature hasn't heard the end of the waste debate. Sen. Patrice Arent, D-Salt Lake, has vowed to continue to seek a ban. Envirocare, which operates a radioactive waste disposal site in Tooele County, will, unquestionably, continue to champion its right to do business without undue government influence.

The task force split the radioactive baby, so to speak. In adopting a draft report created over the past two years, it recommended more stringent oversight of waste handlers' record keeping and more control over hazardous but non-radioactive waste.

It also recommended that mixed waste received from the federal government should no longer be exempt from state tax. Mixed waste contains hazardous chemical and radioactive elements. Presently, it represents a small part of Envirocare's business.

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While activists will argue that the report doesn't go far enough, Envirocare officials say the task force's actions mean higher taxes, tougher regulatory standards and limits on future waste shipments. Stay tuned for future debates on these issues.

Frankly, some of the issues raised during the task force's work — such as a ban tying the hands of future legislatures and whether the state can interfere with interstate commerce — deserve careful consideration. Threats of litigation by the industry were raised, although legislators likely hear such "saber rattling" from any number of interests, depending upon the issue. Such talk cannot be ignored, but it cannot be the overriding concern in public policy making.

The bottom line is the radioactive waste wars live to see another day. Considering the complexity of these issues, that may not be a bad thing.

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