Fines loom over dust from blasts

Tuesday, March 28, 2006 | 6:49 a.m.

A Henderson homebuilder faces tens of thousands of dollars in fines for allegedly violating Clark County air quality regulations by conducting blasts without a permit.

Clark County air quality authorities plan to cite developer D.R. Horton. The county could levy fines of up to $10,000 a day for each of 22 days that blasting occurred over a three-month period, ending in January, according to Gary Miller, an air quality compliance supervisor.

Dust-related fines, however, do not usually reach that maximum. They are typically $2,000 a violation, Miller said.

D.R. Horton faces an additional $2,000 fine when its contractor, Sanders Construction, detonated explosives March 9 at the Canyons development south of Horizon Ridge Parkway. The explosion took place 1,240 feet from the nearest home when the wind was blowing 15 mph, said Jack Bingham, a county air quality compliance supervisor.

County regulations prohibit blasts within 1,500 feet of homes if the wind is blowing toward them, Bingham said. Several Sun City MacDonald Ranch residents complained about dust after the explosion.

"There is going to be dust, that is a given," Bingham said. "But we try and control it to the extent possible. The concern for dust is its health effects. Fine dust can penetrate the lungs, and long-term exposure can lead to pulmonary problems."

Sun City MacDonald Ranch resident Tony Cutropia said his neighbors have suffered from burning eyes, shortness of breath and sneezing because of the blasts.

"It's not every day. It's just when the dust is blowing," Cutropia said.

After the March 9 explosion, a county investigation discovered Sanders lacked the necessary air quality permits for blasting from early October through Jan. 10, Bingham said.

D.R. Horton received a permit after Jan. 10, but the company did not apply for it until Dec. 21, the day after a blast mishap on the Canyons site cracked drywall, broke glass and damaged doors in nearby homes, causing at least $206,000 in damage. Sanders told Henderson authorities that it has paid 55 out of 135 claims submitted by area residents.

Clark County will seek fines against D.R. Horton instead of Sanders because the developer is responsible for its contractors complying with air quality regulations, Bingham said.

Dan Sanders, owner of Sanders Construction, told county officials that he filled out the paperwork for the permit and submitted it to D.R. Horton, Bingham said.

D.R. Horton officials in Las Vegas and at the corporate office in Texas couldn't be reached for comment.

The controversy over air quality compliance comes as homeowners surrounding the Canyons development met with Sanders officials Monday to discuss the contractor's request to renew its Henderson blast permit. That permit, which is separate from the county's, expired March 14. The city is expected to renew it.

Residents want the city to either deny the permit or at least force Sanders to reduce the intensity of the blasts. One homeowner-group leader, Gary Burke, criticized the city for not doing enough to protect residents.

"This is more of the deceit they have put together," Burke said about Sanders' failure to obtain an air quality permits. "They are trying to do stuff heavy handed and bamboozle the city."

Mike Cyphers, Henderson's emergency management coordinator, said the city has regulated the blasting and conducted inspections to ensure Sanders isn't exceeding blasting limits.

Sanders sits on the county's seven-member air quality board, which could hear the case if D.R. Horton appeals the looming fines, Bingham said. Sanders would likely have to abstain from considering the issue because of a conflict of interest, officials said.

Miller said there's no timetable for issuing the notice of violation. If D.R. Horton objects to any penalty, it would be appealed to a hearing officer. If the company objects to that ruling, it would be considered by the board.

Since there are several alleged violations to pursue, there are no plans to investigate whether Sanders violated any more distance regulations. It would be difficult to determine the distances of previous blasts and wind conditions, he said.