Tougher penalties created for fugitive dust violations

Friday, Feb. 27, 2004 | 9:21 a.m.

The state Environmental Commission on Thursday toughened the penalties for fugitive dust violations, allowing a $10,000-a-day fine after the second violation.

At present, a company or a local government that violates the regulation can be fined up to $10,000 a day on the third infraction.

Andrew List, representing the Nevada Association of Counties, argued the $10,000-a-day fine on the second offense would hit rural counties too hard. For instance, he said there were 800 miles of ungraded road in Humboldt County, which is facing a $250 fine.

Humboldt County cannot control all of the roads to prevent dust, List said. And the counties in rural Nevada are facing declining revenue.

Commissioner Richard Reavis said that over the past six months there have been three fatal accidents on U.S. 50 due to blowing dust.

Allen Biaggi, chief of the state Division of Environmental Protection, said it was the Environmental Commission itself that told the agency to beef up the fine. He said his division always works with the counties to control their dust problems.

The Environmental Protection Division withdrew a proposed regulation on prohibiting the burning of household trash at single-family homes if there is garbage collection service in the area or if the home is within 10 miles of a dump.

Sam Jackson of the division said the regulation was proposed to protect humans from toxic pollutants such as dioxin that are produced when household waste is burned. The regulation would not have restricted burning of weeds or vegetation on the land.

Critics at 11 public workshops said the regulation would lead to an increase in fees for disposal at the dumps or in garbage pickup. Those opposed felt it would result in more illegal dumping of garbage.

Some people, Jackson said, favored the proposed regulation because it would cut down on the smoke blowing into their homes or polluting the air.

Miller, former president of the Sierra Club in Reno, said open burning has an impact on health. He urged the division to continue its study on the issue.

"Burn barrels are not a good idea," he said.