The legal fight over a low-level radioactive-waste facility in Adams County now has the state accusing the county’s commissioners of misappropriating $750,000 in funds.
The state Department of Public Health and Environment filed a lawsuit in Adams County District Court on Monday that says the board of county commissioners used the money to pay lawyers in the ongoing legal battle against the state and operators of the Clean Harbors Deer Trail landfill.
The money, the suit says, includes tipping fees paid annually by Clean Harbors and public funds that are supposed to be used for upkeep of roads to the facility or hazardous-materials responders in the event of trouble.
“Instead of using the (fund) for the purposes authorized by the Colorado legislature, the BOCC (board of county commissioners) has been misappropriating the funds for purposes that include, without limitation, paying Lindquist & Vennum PLLP for attorneys’ fees and costs associated with the BOCC’s litigation against the department for an attempt to overturn state licensing and permitting decisions,” the suit says. “In doing so, the BOCC has avoided spending county assets to satisfy its litigation costs.”
But Adams County Attorney Hal Warren says the money was used appropriately to challenge the state over licensing the facility and that Monday’s lawsuit is without merit.
“We don’t think it is a misappropriation at all, or we would not be doing it,” Warren said.
The county used the funds to pay legal fees in lawsuits filed against the operator and the state in 2005 and 2006.
Since then, the board of commissioners has used money from the county’s general fund, Warren said, but not because using money from the waste fund was wrong.
The county was just concerned about depleting the account, he said.
The Colorado health department and Adams County have been engaged in a dispute over the waste facility near Last Chance since 2004.
Warren says the county does not want a low-level radioactive-waste facility, and it doesn’t want to be told by the state how to use the land.
William Geary, executive vice president of Clean Harbors, said he doesn’t understand why the county is fighting so hard against Deer Trail, because the plan was not initially opposed by the county commissioners.
“The department (of health) has a preapplication process, and the county did not file comments pro or con with respect to the facility,” Geary said. “… The next thing we know is we’ve got these people from a law firm opposing it.”
There are two lawsuits pending before the Colorado Supreme Court between the state and the county over land-use authority involving the landfill, and there is one pending in Adams County between Clean Harbors and the county on the validity of the facility’s operating license.
Felisa Cardona: 303-954-1219 or fcardona@denverpost.com
