Envirocare rival denied permit

Envirocare of Utah is proving that it is the only game in town when it comes to low-level radioactive waste disposal.

But former Envirocare president Charles Judd hopes to change that. He'll just have to go to court to do it.

The three-member Tooele County Commission this week denied a request by Judd, now president of Cedar Mountain Environmental, for a permit to construct a low-level radioactive waste facility on nearly 500 acres next to Envirocare in remote Tooele County. In doing so, it upheld the Tooele County Planning and Zoning Commission, which earlier recommended the permit be denied.

It's a setback for Judd, but he is not giving up.

"It will take more energy and effort," Judd said. "But we'll take it to court."

Commissioners rejected the proposal because they believe Judd didn't demonstrate a need for a competing facility. Envirocare has maintained there isn't enough low-level radioactive waste to make both companies profitable. And in the end, Tooele County would lose out on revenue it receives from the company.

Envirocare provides $5 million annually to Tooele County in gross receipts tax revenue, not including property taxes paid to the county.

Judd, however, says his company could bring an additional $2 million to the county coffers.

Commissioner Gene White said he voted against Judd's proposal because he didn't want another waste dump in the county, period.

"The bottom line for me was why do I need another facility when we have one that is operated very safely," White said. "Do we want to open the door for more waste facilities?"

A Tooele County ordinance requires that waste companies must demonstrate a need for such a facility before a conditional-use permit is granted in Tooele County.

For low-level radioactive waste, it's a a three-step political process. The Legislature and governor must grant approval after state environmental regulators give their OK.

State approval for Judd is pending. But lawmakers have put a moratorium on proposals like Judd's to accept hazardous and radioactive waste until a task force completes a two-year study to determine what to do with the waste products finding their way to Utah. The task force intends to make a recommendation to the 2005 Legislature.

Judd is confident that in the end he can win approval.

"We'll keep plugging along," Judd said. "We think there's a need for another waste facility and that there is plenty of waste out there."

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E-mail: donna@desnews.com