SEC Appeal Hearing (Contested Case - NAC 445B.875)
Jungo Landfill, Final Solid Waste Permit SW495REV00
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The Jungo disposal site is located approximately 25 miles west of Winnemucca, Nevada along Jungo Road in Humboldt County, Nevada
A three-member panel of the State Environmental Commission (SEC) conducted an appeal hearing on the above referenced permit on Monday, May 21 and Tuesday May 22, 2012 in Carson City, Nevada at the Bryan Building, 901 South Stewart St., 2nd floor Tahoe Conference Room.
After hearing more than 11 hours of testimony the panel voted unanimously to uphold the landfill permit issued to Recology Inc. by the Nevada Division of Environmental Protection (NDEP). Read the Decision [9 Page PDF]
About the Appeal — The appeals that were filed by the three appellant were consolidated into one hearing pursuant to NAC 445B.8957. In addition, on March 26, 2012 Dolan Law LLC on behalf of appellant Robert Hannum filed a "Notice of Appearance" with the SEC authorizing Robert E. Dolan to represent Mr. Hannum in the appeal proceedings. Then on May 4, 2012 Dolan Law LLC advised the Commission that he would also be representing Mr. Robert Cook -- see "Notice of Appearance" Mr. Dolan also represented the Clean Desert Foundation's appeal of the landfill permit, however the Clean Desert Foundations's appeal was withdrawn on the day of the hearing. Of note, the SEC had jurisdiction to hear the appeal pursuant to NRS 445B.350, NRS 445B.360, NAC 445B.890 and NAC 445B.891. The Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) sections involved in the appeal were: NRS 444.440 through 444.620 and NAC 444.570 through 444.7499.
Hearing Audio & Court Reporters Transcript
Additional Background — On February 29, 2012, NDEP issued the Final Permit for the Jungo Landfill to Recology (Nevada Land and Resource Company). In doing so, NDEP made available on it's website documents supporting the permit decision including NDEP's response to public comments and transmittal letters to commenters along with additional information about the proposed Jungo Landfill permitting process.
On March 9, 2012 the State Environmental Commission received appeals from Mr. Richard Cook, Mr. Robert Hannum, and the Clean Desert Foundation Inc. As noted above Mr. Robert Dolan is now representing Clean Desert; and both Mr. Hannum and Mr. Cook; all of the appeal documents for the "Appellants" are presented below.
On March 15, 2012 the law firm of McDonald·Carano·Wilson, LLP filed a "Petition for Leave to Intervene" (on behalf of Recology) on the above referenced appeal and then on March 16, 2012 the State Environmental Commission issued an order granting the petition to intervene.
On March 27, 2012 Respondent NDEP requested the SEC to order briefs for the appeal; hearing no objection from the parties, the SEC issued the requested order on April 02, 2012. In issuing the order and with verbal concurrence from the parties to the appeal, the SEC set the appeal hearing date for May 21 and May 22, 2012. All of the above referenced documents are presented below including the SEC's notice of appeal and appeal hearing agenda.