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SEC Appeal Hearing
Notice Pursuant to NRS 233B.121 and NAC 445B.891

Jungo Appeal

On Friday May 21, 2010 a three-member panel of the State Environmental Commission (SEC) conducted an appeal hearing on the air quality permit issued to Jungo Land & Investment's by the Nevada Division of Environmental Protection's (NDEP's) Bureau of Air Pollution Control. The permit is a Class I Air Quality Operating Permit to Construct (Permit No AP4953-2525.) The Appeal hearing was held at the Bryan Building in Carson City, Nevada.

The 4 hour hearing ended when the SEC affirmed the permit by accepting the motion to dismiss the appeal offered by the Intervener [Jungo Land and Investments Inc.] with support from the State's attorney for NDEP. Read the written decision affirming the SEC's action

A verbatim audio file of the proceedings is available here.

The court reporter's verbatim written record of the proceedings is also available here in Adobe PDF (screen read only) file format. The password to open the file is:  ndep If a hard copy of the record is desired, please contact Capitol Reporters at (775) 882-5322.

The SEC had jurisdiction to hear this appeal pursuant to NRS 445B.360, NRS 445A.610, NAC 445B.875 and NAC 445B.891. The statutes and regulations involved in this appeal hearing were: Nevada Revised Statute (NRS) 445B.100 through 445B.640 and Nevada Administrative Code 445B.001 through 445B.3791.

About the Appeal: Jungo Land and Investments, Inc., of San Francisco is proposing to develop a Class 1 municipal solid waste landfill near Winnemucca, Nevada. The proposed landfill would receive about 4,000 tons of waste per day for up to 100 years. The waste would be shipped by rail from northern California to Nevada. The Jungo Disposal Site is proposed as a regional disposal site for portions of Northern California that generally include the nine counties which make up the San Francisco Bay Area.

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The proposed landfill is located about 30 miles west of the city of Winnemucca, Nevada along the south side of Jungo Road and adjacent to the Union Pacific Railroad. The total surface area of the site is approximately 634 acres; the proposed landfill "footprint" would be about 560 acres and the design capacity would be about 58.5 million megagrams or 64.49 million short tons. The landfill is proposed as a "no co-disposal" facility and thus would not accept hazardous wastes.

Jungo Land and Investments, Inc., has submitted two (2) permit applications to the Nevada Division of Environmental Protection (NDEP). The first permit was filed with NDEP's Bureau of Waste Management in March 2008 and is known as the Jungo Landfill Application; this permit is currently undergoing technical review and will proceed to public comment in late 2010 if and when Jungo Land and Investments obtains all local land use controls as administered by Humboldt, County, Nevada (see NAC 444.678).

The second permit application -- which is the subject of this appeal -- was filed with NDEP's Bureau of Air Pollution Control in February 2009. The permit application is a Class I Air Quality Operating Permit to Construct (Permit No AP4953-2525.) NDEP's public notice for the Air Quality permit was issued in May 2009; it described the agency's tentative determination to issue the permit to Jungo Land and Investments, Inc., and it described the public comment process including the provision for a public hearing.

Following issuance of the public notice, comments were received and a public hearing was held by NDEP on August 19, 2009 in Winnemucca, Nevada. Among other issues address at the hearing, staff from NDEP presented information about air quality emissions, air quality analysis and modeling, as well as applicable air quality standards.

After the public hearing, on March 5, 2010 NDEP simultaneously issued the Final Operating Permit to Construct to Recology Permit No AP4953-2525 along with a formal public comment and response document.

This final decision was subsequently appealled to the State Environmental Commission; appeals were filed on March 15, 2010 by Mr. Philip Jacka and by Mr. Robert Dolan and Massey K. Mayo of Dolan Law LLC. (i.e., the Appellants).

Appeal Documents

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