Show S Serving Utah’s Great Pahvant Valley Delta Utah $2000 la oat of county 0 months $1300 (In Advance) Copy 500 Senior Citizens (65 and older) $18 00 in county $20 00 out of County Group may sue County by Ken Rand Members of a group opposed to locating a hazardous waste disposal in Millard facility County say they may sue the County over the delay in release of a petition to put the issue on the ballot The petition was submitted by the “Millard County Concerned Citizens” to County Clerk Marlene Whicker four weeks ago for certification as required before circulation for by law signatures Instead of returning it to the petitioners Whicker gave it to County Attorney Warren Peterson At a meeting of the group held Monday Oct 17 at the White Sage Recreation Center members expressed concerns that the petition was being deliberately held up by County officials in an effort to keep it from getting on the ballot The group discussed ways to expedite release of the petition including suing the County The group’s attorney later recommended against a suit The initiative proposes that hazardous waste facilities such as the one proposed by Rollins Environmental Services Inc for Lynndyl be prohibited from locating in any part of Millard County A similar petition has been prepared for voters in Lynndyl that would prohibit hazardous waste facilities in the town “I think they (the County) are obstructing justice” Wes Bloomfield said “and what needs to happen is that if they are going to take this line we have to bring suit against them because our rights as they are obstructing citizens of the United States” Dr Tom Chandler said the County is stalling “They are treading water” he said "They are trying to figure out what to do They are threatened by Rollins on one side and by us on the other I think they are probably more afraid of Rollins then they are of us” Chandler said he tried to contact the Attorney General’s office about the October 12 petition of Wednesday “It’s just like talking to a marshmallow when you call up there” he said “I first called the Lieutenant Governor’s office and they said call the Attorney General’s office and as soon as I called them they said call the Lieutenant Governor’s office” Is the county deliberately delaying the petition? “No” Commissioner not Abe Johnson said “Absolutely No way are we There is absolutely no way we are trying to hoodwink anybody” Commissioner Warren Jensen said the County is not holding up the petition “That’s not true” he said “We definitely are not” Peterson said he is not trying to delay the initiative “I’m not trying to hold any cards” he said “I’m trying to play this thing straight up and I’m not trying to play hide the ball with anybody” Whicker gave him the petition Peterson said because she wanted his advice on how to proceed with it “She’s not accustomed to seeing these things” Peterson said “The County Clerk has the right to turn to her legal counsel if she doesn’t know what to do with a legal problem she’s handed” Peterson said he read the initiative and became concerned that it raised some legal problems “I researched those issues” he said “and came to a conclusion that I have a conflict of interest So I didn’t think it was proper for me to issue a legal opinion to the County Commission on how that initiative should be properly handled” Peterson decided a special request should be made for an outside opinion Chandler discussed the issue with Peterson by phone Monday Oct 17 “Warren’s personal opinion is that the county cannot allow us to have the itiative” Chandler said “He is basing this on a 1954 Utah Supreme Court decision Dewey versus Doxey Layton Realty Company This case is supposed to state that the citizens cannot adopt a zoning change by initiative We could have done it by referendum but you can only do a referendum within 30 days of the zone change” But Chandler said the group’s attorney Jim Taylor of Spanish Fork disagrees “Both attorneys seem to feel that this is somewhat of a grey area in the law” Chandler said He said Peterson and Taylor spent about an hour on the phone discussing the issue In his private practice Peterson is partners with Thorpe Waddingham who represents Rollins Environmental Services Inc in land and water Rollins is the company negotiations that wants to build the hazardous waste disposal plant at Lynndyl which effort the petitioners oppose “Thorpe was retained by Rollins before Rollins ever Millard County” even considered Peterson said “They were at that time Groups work to make a safer Halloween for kids by Ken Rand Several agencies in Millard County are taking measures to insure that this Halloween is just as safe as years past for youngsters planning to collect treats door to door The County Sheriffs Department will distribute bags to schools in the county In addition officers will patrol in full force on Halloween night The Sheriffs Department is responsible for law enforcement Millard County and it’s throughout with the exception of municipalities Delta will The Delta Police Department send patrolman Steve Allred in his role as “Officer Friendly” to schools in Delta to help provide youngsters with reminders before the big safety weekend Officer Friendly was scheduled to appear at Delta South ElemenOct 25 and at Delta tary Tuesday North the next day “I meet with K through fourth grades in both elementary schools” Allred said “and also some that meets children and the at the high school We talk about things like not accepting candy from strangers about going to houses that in your you know and staying neighborhood and if you have candy that isn’t wrapped you don’t eat it until your Mom checks it that sort of thing Just some basic Halloween safety tips” The kids are given bags with safety tips written on them Each presentation takes about 15 minutes per class Allred said Allred has been Officer Friendly for three years Delta North Elementary will hold it’s annual carnival on Halloween “We’ve traditionally had it on the evening of Halloween for the last six years” Principal Scott Bassett said “The PTA at that time felt that with all the mounds and mounds of new people in the com- - Some tips for e Here are some basic safety suggestions to help parents help their child have a more safe more fun Halloween These tips were provided by Millard CounGarth Deputy ty Sheriff’s White They are printed on bags being distributed by the Sheriff’s Department: Go over the rules on your child’s bag The rules are printed right on the bag 2 Be sure to stress the importance of your child showing you all the contents of his or her bag before he or she eats or uses any of the collected goodies 3 Have your child wear a safety patch on the back of his or her costume or jacket for extra visibility 4 Your child should only in groups with adults present and stay in his or her own neighborhood 5 As a good alternative to have a fun Halloween party for your child and his or her friends This can be easy to do and a lot of fun Halloween working on a site in Iron County and he was called on to help with that When they changed their focus from Iron to Millard County that created the potential for conflict” Peterson said he’s caught between a rock and a hard spot “I have a conflict of interest that in my opinion prevents me from acting on it Yet it’s the sort of thing that I feel should be acted upon promptly because of the terest involved If I go ahead and issue the opinion and it’s contrary to what the initiative proponents would like to see then I fall into the conflict of terest If I go ahead and try to bring someone else in then I can be accused of stalling it trying to sandbag it” At the regularly scheduled County Commission meeting Tuesday Oct 18 in Fillmore Peterson asked the Commissioners to authorize hiring an outside attorney to write an opinion “We authorized him to request another county attorney who doesn’t have a conflict of interest to make the opinion for us whether or not their initiative is legal” Commissioner Mike Styler said Styler suggested Garfield County Atbe asktorney Pat Nolan Panguitch ed to do the job “I know him personally Styler said “and I’m quite his with credentials” impressed Nolan is past president of the Utah Association of Counties He is a member of the statewide Association of Prosecutors Advisory Board and holds a number of other positions “The guy is no lightweight" Peterson said “They chose what I felt was a very solid attorney” Some members of the group said they believe two members Commission are of the delaying action on the petition because of their status as “lame duck” Commissioners Abe Johnson and Warren Jensen leave office in January Mike Styler will remain “Are the County Commissioners just going to sit and stall and hope we don’t sue them” Chandler asked “or are they going to change the zoning through our initiative process and hope Rollins won’t sue them or are our two lame duck Commissioners going to just sit on this until January?” Chandler said he discussed the idea of a suit against the County with Jim Taylor “Our attorney recommends ting on this at least for now and letting it stew” Chandler said “Just let the Witch couple This witch couple stands on the lawn of the Donald and Mary Davis residence at 21 South 100 West in Hinckley At night the caldron glows a ghoulish green munity that it might be a good idea to offer an alternative to the traditional The event has grown over the years “We enjoy the carnival” Bassett said "and it’s basically our only that we have during the year We’ve usually made around a thousand dollars a year on it That money has to purchase computers gone playground equipment and different things the PTA has decided were needed by the school” The entire school is transformed to a carnival with each classroom a different booth “There’s apple bobbing fish pond there’s your traditional there's dart tosses and so on Just a atmosphere” Bassett said “It’s a really fun time” The event is scheduled from 5:30 pm to 8 pm Halloween night at Delta North About 400 elementary school age kids and their parents are expected to take part in the carnival carDelta South holds a nival in the spring Among other measures are those described in a press release from Health Care Inc operators of the Fillmore and Delta Community Medical Centers Those are two of the 23 IHC hospitals in Utah Wyoming and Idaho of the bags to offering free screen for harmful objects The program is by KSL Television The bags have a list of safety tips printed on one side plus a list of all IHC facilities providing free scan of treats The bags are available at most IHC facilities and at KSL Television Sponsors say they will distribute more than 100000 bags this year County Commissioners squirm a bit” Taylor told Chandler the point may be moot “He said why go through all the hassle of a suit if you’re going to have two Commissioners who will vote in the change in January that you want? He said what you’ve done with your letter to the editor (Chronicle Progress Oct 20) and with your meeting that’s what you want Just make the Commissioners and the Attorney look foolish and maybe they’ll see the light” Commissioners are talking to Rollins officials about locating a plant at Black Rock or at Bloom in south Millard County rather than at Lynndyl Chandler said Bloom is where Continental Lime is located Black Rock is about 10 miles north of the Beaver County line on Highway 257 “Lynndyl is out anyway” he said “regardless” Styler said Rollins feels loyal to Lynndyl “On the other hand” he said “They’ve got to make a business decision If they want to locate they’ve got to look at a site that is acceptable to the county and the people in the county They are exploring options” Styler said the county has discussed with Rollins officials the possibility of locating near Bloom or Black Rock “They asked us if we would be willing to build an access road from across the valley over to them so transportation would not go through any cities or towns” he said “We have tentatively told them we would consider it” Peterson said Nolan has agreed to write an opinion for Millard County ut he declined to speculate on how long that would take See related item in ‘letters’ section page 2 Meet your Candidate Meet Your Candidate Night will be held on Thursday October 27 at 7 pm at the Delta City Building Listen to what your candidates have to say to make an informed voting decision There will be time for questions Refreshments will be served £ 7 (t xs CO (y f USPS 0 Vol 79 No 17 Oct 27 1988 Meet scheduled on siting criteria in Delta Nov 1 by Ken Rand The first of four public hearings to receive comment on proposed criteria for siting of commercial hazardous waste treatment storage and disposal in facilities including incinerators is scheduled Utah for Tuesday in Delta November The hearings are being conducted by the Utah Solid and Hazardous Waste Committee When the hearings and comment period end the Committee will finalize the criteria for administrative rulemaking by the state Bureau of Solid and Hazardous Waste The Delta meeting begins at 7 pm at the Delta High School auditorium The other three meetings take place in Moab Wednesday the next evening and in Tooele and Salt Lake City Thursday morning and afternoon A citizens group in Millard County has discussed picketing the Delta meeting The same group picketed a meeting held at the DHS auditorium on when nine state officials came Sept to Delta to hear comments and answer public questions about the state’s posiSertion on Rollins Environmental vices Inc plans to build a hazardous waste facility at Lynndyl About 650 residents crowded the auditorium and made it clear they did not want the dump here “That last meeting was not wasted” Ruth Bradfield a member of the citizens group said “They (state officials) still can’t stop talking about it It freaked them out bad But we've got to do it again The last meeting was good but we’ve got to do it again" At a recent planning session of the group in Delta Wes Bloomfield said “If they were to see it twice in a row jusi as strong then there’s no way they could deny it” Shortly after the Sept meeting a moritorium on siting permitting was imposed by the state legislature until criteria could be developed The legislature put a deadline of May 1989 to develop the criteria An “Executive Summary” written of Health by the State Department Division of Environmental Health read in part: “A desire by industry to construct hazardous waste facilities in the state has led to concern about the effects of such facilities on public health and the environment” “The Superfund Amendments and Reauthorization Act of 1986 requires all states to assure by November 1989 20 years capacity for treating and of all hazardous waste disposing generated within the state This may be accomplished through either facilities or agreements with other states Although Utah has adequate disposal capacity at present there is interest from the hazardous waste industry in constructing new treatment facilities in the state Most of the waste received at these facilities would come from sources outside the state “In May 1987 a Hazardous Waste Facility Siting Task Force was created by Governor Bangerter to resolve questions of policy in permitting hazardous waste facilities This task force comprised of members of the Solid and Hazardous Waste Committee the Air Conservation Committee and others held a series of scoping meetings in August 1987 to review siting options and proposed recommendations The final recommendations of the task force were: “1 Allow the free market to determine the number of facilities and rely heavily on local zoning to govern siting 2 Establish a fee system through legislation that will ensure adequate funding for permitting and compliance activities 3 Establish through regulation to the extent permitted by existing authority siting criteria to be considered and part of the permitting process” The Summary also said “The task force also recommended that the legislature be made aware that public interest had been expressed in a moritorium on the construction of hazardous waste facilities in the state” It continued “The criteria are Continued on page 3 Public Notices In this issue: -- 2 water use applications -- a civil suit summons -- 5 trustee sales -- announcement of Rocky Ridge green stripping —home bids sought -- Med Center complies with law -- and Health special bids See page 9 Dept seeks |