November 07, 2007— SEC Decision: Findings of Fact, Conclusions of Law and Order [8 Pages]

Consolidated Appeal — October 15, 2007

North Valley Waste Water Treatment Facility
NDEP Bureau of Water Pollution Control Permit #NEV60025

three-member panel of the State Environmental Commission (SEC) has scheduled a hearing on the above referenced appeal filed by appellants Stephen L. Bennett, John N. Nolte, and Carl & Debora Larsen. This is a "Consolidated Appeal" per the SEC's Rules of Practice as defined under NAC 445B.8957.

A hearing to consider these appeals will be held at 9:30 am on October 15th 2007 in Carson City Nevada. The hearing will be held at the Office of the Attorney General, 100 North Carson Street, Carson City, Nevada - second floor conference room.

This appeal hearing was requested under the authority of the SEC's Rules of Practice (NAC 445B.890) and Nevada's water pollution control laws (NRS 445A.610).

In the appeal the appellants assert the permit for the expansion of the North Valley Waste Water Treatment facility in Douglas County issued by the Nevada Division of Environmental Protection (NDEP) on August 28, 2007 is "insufficiently detailed." The appellants allege NDEP's permit fails to properly handle odors and pests from the expansion of the waste water treatment facility.

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The appellants contend the permit is also deficient because it depends on issuance of a separate amended permit to an adjacent private party. This "second" amended permit would revise an existing effluent management plan by allowing transfer of additional treated effluent from the North Valley Waste Water Treatment facility for agricultural uses. The appellants further argue this second amended permit is "vaguely described" and could lead to "misinterpretations during compliance reviews."

Finally, the appeal raised a purported conflict between Nevada's Administrative Procedures Act (NRS 233B.174) and Nevada's water control laws (NRS 445A.610). This purported conflict was made moot by enactment of AB 94 by the 2007 session of the Nevada Legislature.

Background Documents

Appeal Hearing Documents

Appeal Hearing Agenda

  1. Introduction of Parties to the Appeal
  2. Appeal - North Valley Waste Water Treatment Facility *ACTION
  3. Public Comments

Related Information:
The above referenced hearing will be held in accordance with NRS 233B.121 to 150 inclusive and NRS 445A.605 to NRS 445A.610 and Nevada Administrative Code (NAC) 445B.875 to 445B.899. The Commission shall affirm, modify, or reverse any action which is appealed to it.

On October 08, 2007 the notice for this appeal will have been posted in Carson City, Nevada at the office of the Nevada Division of Environmental Protection, at the State Library and Archives, and at the Office of the Attorney General. Members of the public who are disabled and require special accommodations or assistance at the meeting are requested to notify the SEC Executive Secretary in writing at the following address:

Nevada State Environmental Commission
901 South Stewart St. Ste. 4001
Carson City, Nevada, 89701-5249

Notification can be made by facsimile to (775) 687-5856;
or by calling (775)687-9308 no later than 5:00 p.m., on October 12, 2007

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   John B. Walker