SEC Appeal Hearing (Contested Case - NAC 445B.875)
Smith Valley Dairy
Water Pollution Control Discharge Permit NS2014502

A three-member panel of the State Environmental Commission (SEC) conducted an appeal hearing on the above referenced permit on July 23-24, 2015 in Carson City, Nevada at the Bryan Building, 901 South Stewart St., 2nd floor Tahoe Conference Room.

The panel voted unanimously to affirm the Water Pollution Control permit issued to Smith Valley Dairy by the Nevada Division of Environmental Protection (NDEP). Read the Decision

About the Project — The Smith Valley Dairy is located in Lyon County at 40 Hunewill Lane, approximately 6 miles northeast of Smith, Nevada.

On March 9, 2015, the Nevada Division of Environmental Protection (NDEP) issued Water Pollution Control Permit NS2014502 to Smith Valley Dairy. Permit NS2014502 is a new permit and authorizes the discharge of manure and process wastewater to:

  1. Land application areas, reported at 1640 acres, in accordance with a Division reviewed Nutrient Management Plan and;
  2. Waters of the State as a result of a storm event or a chronic rainfall event that exceeds the 25 year 24 hour storm design, provided that the facilities and their production areas are properly designed, constructed, operated and maintained to contain manure, pollutants, direct precipitation and the runoff from a 25 year 24 hour storm event.

About the Appeal — On March 19, 2015, the Save Our Smith Valley, Inc. (SOS, Inc.) filed an appeal signed by Carol McLeod, Secretary.

In summary, SOS, Inc. alleges that the NDEP Water Pollution Control permit issued to Smith Valley Dairy violates NRS 233B.135, which addresses a Judicial Review conducted by a court without a jury. Within the individual explanations, SOS, Inc. alleges the following citations have been violated: NRS 445A.585, NAC 445A.283, NRS 40.140, NRS 445A.665, NRS 445A.305, NRS 445A.445, NAC 445A.121 and NRS 445A.490.

Hearing Audio & Court Reporters Transcript

Appeal Documents

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   John B. Walker