Tuesday, September 14, 2010

NID violates law and MMRP

NID consistently runs trucks filled with dirt down Idaho Maryland without any covering on the truck loads, allowing the dry dirt to blow out all along the roadway. Several times I have communicated this to NID. NID claims that the material is loaded below the lip of the truck but the loads are not wetted down and are not covered and material is still spilling.

MMRP 3.10-1, 3.10-2, 3.10-3 item g states "All material transported shall be either sufficiently watered or securely covered to prevent a public nuisance."

See below email from Brian Powell.

Thank you for the information. I did make a point to check out the loading process and follow several trucks down the hill on Thursday and did not notice any violations. Teichert personnel were making sure that the dirt material is leveled off and not over the rails of the truck where it could spill out. They are also checking the truck before it leaves the area for any loose material on the fenders or side rails.

The CHP was observing the operation on Thursday and to my knowledge there were no violations cited on the trucks transporting the soil.

The vehicle code does state transport of these types of material on Highways and technically Teichert is not transporting on the Highway. They are transporting the material along Banner Lava Cap, Idaho Maryland Road, Brunswick Road and Loma Rica Drive over to the Airport property. It is not unusual for haul trucks in the area (e.g., Fosters, Rare Earth and others) to transport soil material without covers. That being said and in the interest of not causing any nuisance in the neighborhood, I will talk with Teichert again regarding the hauling operation and will let you know the conclusion of our discussion.

Thank you,

Brian Powell

Projects Manager

Nevada Irrigation District

(530) 271-6869

VC Section 23114 Spilling Loads on Highways

Spilling Loads on Highways

(d) For purposes of this section, "aggregate material" means rock fragments, pebbles, sand, dirt, gravel, cobbles, crushed base, asphalt, and other similar materials.

(e) (1) In addition to subdivisions (a) and (b), a vehicle may not transport any aggregate material upon a highway unless the material is covered.

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