96 South Main Street, PO Box 77, Nephi, Utah 84648 - Voice: 435 623-0525 - FAX: 435 623-4735

On our front page this week

  • Letter of non-compliance sent to Kuhni plant


By Myrna Trauntvein
Times-News Correspondent

A letter was sent by Jared Eldridge, Juab County Attorney, to the John Kuhni & Sons (JKS) rendering plant located near the Mills Junction in Juab County giving notice of a violation of the conditional use permit.

That letter was in reference to the offensive odors being emitted by the plant.

Now a second letter will be written, not warning of the odor, but warning the company that, once again, they are out of compliance with the conditional use permit authorized by the Juab Planning and Zoning Commission.

"Trenches have been dug on their property and waste material consisting of blood and animal parts have been dumped in those trenches," said Eldridge.

The Sheriff's Department took several photos of the problem and commissioners were given computer print-outs of the photos so they could see the violations were real.

"To me this is a concern," said Eldridge.

The trenches, he said, were 16-feet deep and were quite long. The state was contacted and on Jan. 31, the state division of water quality visited the site and collected samples.

The dumping was offensive, to say the least, said Eldridge, and was taking place in a non-approved way, and was a concern for the public health, safety and welfare.

In these days of mad cow disease, the rendering facility needed to be extra-careful of the way waste was disposed of and the manner in which it was done, said Eldridge.

Another concern was that a well was located within 100-feet of the trenches which was used to water cattle in the Mills area, said Eldridge.

In a high water year, the waste in the trenches could get into the ground water supply. The water table would be high enough to allow the transmittal.

"The waste-water treatment to be used by the rendering facility was approved by the Utah State Health Department and the State of Utah Division of Water Quality," he said. "If the violation continues, the commission can consider revoking the business license of JKS."

Part of the conditional use permit states that the violator needs to be notified by mail and given a reasonable amount of time to correct the violation before action is taken.

Commissioners agreed that another letter needed to be sent by Eldridge to the rendering plant giving them notice of non-compliance with the county conditional use permit.

"We need to send a letter to them warning of the violation and stating that the non-compliance had better stop or we will take action," said Eldridge.

Commissioners agreed and directed Eldridge to write and send the letter.

The company was given until Jan. 27 to correct the odor violation, said Eldridge, and sheriff's deputies sent to the plant location on that date confirmed that the company, on that date, was in compliance.

Commissioner Robert Steele said he had gone to the area on Wednesday. "I stopped at three different areas and there really was not any odor."

To be in compliance, said Eldridge, the plant must not have any odor beyond the property line of the plant.

Following the commission's direction to Eldridge to notify the rendering facility of the latest violation, six residents of Levan came to meeting to voice concerns about Kuhni's.

One of those in attendance, Sandy Brooks, wondered about the engineering consultant the plant was to have hired to make reports on the odor-control for the facility. She had thought the reports were to be on-going.

Glenn Greenhalgh, county economic development director, was asked to come to meeting to explain what had been expected of that consultant.

"An odor control consultant was hired to design the system," said Greenhalgh. "That consultant did give us a copy."

As far as odor is concerned, the problem may have been corrected.

On Friday, Jan. 14, Greenhalgh contacted Kevin Kuhni at JKS in order to check on reports of unreasonably offensive odors and Kuhni told Greenhalgh that the odor control system was not operating properly due to some start up problems.

The problems were to be corrected within a week and that appears to have been done.

However, the plant was to give notice to the Juab County Zoning Administrator, which is Greenhalgh, within two hours of a breakdown in the odor control system and that did not happen.

While he had visited the plant and had gone downwind of the facility, said Steele, he had no idea of the dumping problem.

"We had no clue," he said. "All the material at the plant in Boston that we visited went into the system."

There was no waste to dump because it was all used.

"There are proper ways to dispose of waste," said Greenhalgh. "I know the packing plant utilizes proper methods. There are ways to handle animal waste that would be in compliance."

However, dumping in the open trenches was not one of them.

"They made us promises," said Steele. "I sent the sheriff's office out to check on them after I received a complaint."

There are always problems in start-up, he said, but the trenches being used to dump waste were a health hazard and needed correcting.

"Right now, we are at the beginning of our relationship with Kuhni's," said Neil Cook, commission chairman. "Now is the time to make certain they comply with the conditional use permit."

"The previous commission went to a rendering facility in Boston and walked around the facility," said Cook. "We know it can be done (odor control) and we will make it happen."