Tuesday July 7 9:05 PM EDT

Nuke waste dump permit denied

Two administrative law judges have denied the state's application for a permit to operate a low-level radioactive waste disposal site near Sierra Blanca in far West Texas.

If upheld, the recommendation would be a victory for environmental groups that have staunchly opposed the Hudspeth County site, arguing that it could leak and contaminate groundwater supplies.

The Mexican government has also objected to the proposed site, which lies only a few miles from the Texas-Mexico border.

Two judges from the state Office of Administrative Hearings issued their recommendation today after reviewing evidence from the Texas Low- Level Radioactive Waste Disposal Authority and hearing arguments from both sides.

Although they found the authority's application to be persuasive in 15 of 17 critical areas including the design, engineering and operational plans the judges denied the permit due to safety concerns.

Gov. George W. Bush, who has said repeatedly that he would not support the site if it was deemed unsafe, says he is "troubled that the two administrative law judges ... do not feel the applicants have proven the safety of the Sierra Blanca site."

The waste disposal authority issued a statement saying it was surprised by the recommendation but "believes it has met its burden of proof on all issues and feels that is has proposed a safe and suitable site."

The recommendation now goes to the Texas Natural Resource Conservation Commission, which will make the final decision.

Bush urged the commission to thoroughly review the recommendation and the facts and to "make their decision based on sound science and the health and safety of Texans."

---