It turns out La Plata County has no authority to stop the construction of a uranium disposal site near Bondad proposed by the state’s health department.
Recently, the Colorado Department of Public Health and Environment released plans to create a temporary staging area where residents could bring uranium mill tailings on their property that were used years ago in construction.
The proposed plan, however, met immediate backlash from some residents around Bondad who took issue with the state bringing radioactive waste to their neighborhood.
On Thursday, the La Plata County Planning Commission denied the state health department’s project during what’s called a “location and extent review.” The review, however, does not hold any weight from stopping the project.
County officials Thursday said the project would ultimately go before La Plata County commissioners. Upon further review Friday, it appears that is not the case.
The state health department does not require a county permit to go ahead with building the disposal facility, said County Manager Chuck Stevens.
Instead, the state health department can appeal the Planning Commission’s denial to CDPHE’s Board of Health. That board can then overrule the Planning Commission and proceed with the project.
“The statute is silent about the mechanics or timing of the appeal,” Stevens said. “If the Board of Health overrules the Planning Commission’s decision, they must notify the Planning Department within 14 business days of their decision to do so.”
The state health department was noncommittal about future plans when contacted Friday and would not answer direct questions about whether it intends to proceed with the site at Bondad.
Instead, Laura Dixon, spokeswoman for the state health department, provided a statement: “After last night’s meeting, and hearing the community’s concerns, the department will work with our local partners to develop a path forward in the coming weeks.”
The need for a temporary staging area stems back to the mid-1900s, when people used to take uranium mill tailings from the smelter in Durango and use them for construction around town. About 100 properties were missed during a massive cleanup effort in the 1980s and still require cleanup, the state health department said.
But state health officials aren’t notifying people who potentially have radioactive waste on their property until they have an area for residents to take it. The plan would then be for the state health department to take large loads of the contaminated material to Grand Junction for permanent storage.
Residents from around Bondad packed Thursday’s meeting, saying transporting the waste to their neighborhood would create health and environmental concerns, negatively effect property values and be located just yards away from the Animas River and an irrigation ditch that serves New Mexico.
The county’s recently enacted “1041 Regulations” provide no help in this situation, either, Stevens said. The regulations are meant to provide the county an avenue to permit some types of development and activities that county codes otherwise do not regulate.
“A solid waste disposal site is one of the designated activities with 1041, but the definition of solid waste disposal site does not include sites for disposal of radioactive wastes,” Stevens said. “Tailings are byproduct materials under the Radiation Control Act.”
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