ABC Recycling Industries LLC Request for Appeal Hearing

Time	Location
June 12, 2020 9:00 am	Pursuant to the Governor’s Emergency Directive 006, this prehearing conference will be conducted online and there will be no physical location. To join the meeting click on: https://call.lifesizecloud.com/3886472   Join the Lifesize meeting using Skype for Business: https://skype.lifesizecloud.com/3886472   Call in by Phone (audio only) United States: +1 (312) 584-2401 Meeting extension: 3886472#

Hearing Audio, Agenda, Notice, Minutes, and Transcripts

Background of Appeal

On February 17, 2020, a request for an appeal hearing was submitted by ABC Recycling Industries, LLC. The appeal was based on the Nevada Division of Environmental Protection's (NDEP) February 6, 2020 letter that outlined its decision to revoke the Lathrop Mill Reclamation Permit #0171 and forfeit the reclamation surety cash deposit.  On March 11, 2020, NDEP submitted a motion for summary judgment. On March 12, 2020, the State Environmental Commission (SEC) granted a prehearing conference to rule NDEP's motion for summary judgment regarding the request for an appeal hearing.  The SEC will therefore schedule a prehearing conference regarding the NDEP Motion for summary judgment. The prehearing conference will be held on a date and location to be determined.

Appeal Documents

Appellant Documents: Tahoe Western Asphalt, LLC

• February 17, 2020 — SEC Form 3 – Request for an Appeal Hearing
• April 24, 2020 - Reply Brief to NDEP Motion for Summary Judgment

Defendant Documents: Nevada Division of Environmental Protection 

• March 11, 2020 — Motion for Summary Judgment
  • Exhibit No. 1 - Declaration of Joseph Sawyer
  • Exhibit No. 2 - NDEP's August 13, 2019 Notice of Noncompliance and Order
  • Exhibit No. 3 - NDEP's September 16, 2019 Notice of Noncompliance and Order
  • Exhibit No. 4 - NDEP's November 21, 2019 Letter
  • Exhibit No.5 - NDEP's February 6, 2020 Decision

• May 15, 2020 - Reply in Support of Motion for Summary Judgment
  

  • Exhibit No.1 - Declaration of Todd Process

State Environmental Commission Documents

• March 12, 2020 — Order Granting Prehearing Conference to Rule on Motion for Summary Judgment and Briefing Schedule
• May 6, 2020 - SEC Notice Regarding Prehearing Conference
• June 26, 2020 - SEC Summary Judgment Ruling