Refuse, Inc Appeal
Air Pollution Control Permit # AP4953-1148.01

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A three-member panel of the State Environmental Commission (SEC) scheduled an appeal hearing on the above referenced permit. The hearing was held on October 6, 2011 at 9:00 a.m. in Reno at the , Nevada Department of Wildlife, Conference Room A, 1100 Valley Road. The October 6th hearing date was selected after consultation with the parties, and the parties were informed of the date on July 29, 2011.

Update [1] As noted, the hearing was conducted on the October 6th, however it was not concluded and it was subsequently re-scheduled for December 5th through December 7th at the same location.

Of note, on November 03rd the court reporters transcript of the October 6th hearing was received and is now available as a Read-only document here [189 Pages PDF]. The full audio recording of the proceeding that occured on October 6th is also available here

Update [2] On November 22, 2011 counsel for the Nevada Division of Environmental Protection (NDEP) informed the SEC that the parties to the Refuse Appeal had executed a "terms sheet" for purposes of settling the above referenced appeal. Accordingly, on November 30, 2011 the SEC issued an "Order Granting Continuance and Scheduling New Hearing Date"[2 page PDF] for February 16 & 17 if so warranted.

Update [3] On February 09, 2012 the SEC acknowledged it had been informed that the parties were still working on modifying the permit which, if successful, could make the instant appeal moot. Therefore, the Commission vacated the February 16, 2012 hearing date and will not reschedule a new date until requested in writing by the parties.

Final Update On March 27, 2012 the Commission was informed by the counsel for Refuse Inc. that matters subject to the appeal had been resolved and requested withdrawal of the appeal. Accordingly, the memorandum noted below acknowledges that the above referenced appeal is now moot.

About This Appeal: On May 23, 2011, appellant Refuse, Inc. file an appeal of a Revised Class I (Title V) Air Operating Permit "decision" that was issued on May 12, 2011 by the Nevada Division of Environmental Protection (NDEP) i.e., decision on Air Permit # AP4953-1148.01. The permit authorized the construction and operation of three internal combustion engines at the Lockwood landfill facility located in Story County, Nevada. (see interactive map to the right).

The engines would generate renewable energy by burning landfill gas collected at the landfill; the landfill gas is now being combusted under a permitted flaring system. Refuse Inc. is appealing the provisions of the permit that require installation of continuous emissions monitoring systems (CEMS) for the above referenced engines. Refuse Inc. alleges that such provisions are beyond the statutory and /or regulatory authority of the NDEP.

On May 31, 2011, respondent NDEP filed a motion for a briefing schedule for a hearing before the State Environmental Commission (SEC) pursuant to NAC 445B.8925. The motion requests the SEC to order briefs by directing the Refuse Inc. to present facts and supporting authorities on the specific statutory act or omission that Appellant alleges NDEP violated in granting the air permit. Respondent NDEP proposed a briefing schedule along with the opportunity to file a responsive brief. On June 16, 2011 Refuse responded to NDEP's Motion for a briefing schedule and this was followed by a response from NDEP dated June 23, 2011.

Subsequent to these filings, on June 24, 2011 Refuse requested the SEC to issue subpoenas for NDEP's documents and records associated with the above referenced appeal. And then, on June 30, 2011 NDEP filed a response to Refuse Inc. subpoenas request.

On July 11, 2011 the SEC issued an "Order Regarding Issuance of Subpoena, Briefing Schedule and Hearing Date". This action was followed by a request from Refuse for reconsideration of the SEC's order regarding issuance of subpoenas and then this was followed by a response from NDEP that was filed on July 20, 2011. In reference to these last two filings by the parties, the SEC issued an order on July 21, 2011 that amended the scope of documents sought by Refuse under the previously approved SEC order; the SEC also amended the appeal briefing schedule. Since these filing which are listed below both parties have made addition materials available; as of October 04, 2011 all materials received are listed below.

Appeal Documents — Listed By Date

Appeal Documents — Listed By Party

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   John B. Walker