Appeal of Air Pollution Control Permit #AP4953-1148.01 for Refuse, Inc
 Time
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 Location
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|---|---|
| 9:00 A.M. October 6, 2011 | Nevada Department of Wildlife, Conference Room A 1100 Valley Road Reno, NV |
SEC Final Decision: Withdrawn
Hearing Audio, Notices, Minutes, and Transcripts
Background of 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.
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.
Procedural History
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.
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.
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.
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.
Appeal Documents
Appellant Documents: Refuse Inc.
- May 23, 2011 — SEC Form 3 [4 Page PDF file]
- June 16, 2011 — Refuse Response to NDEP's Motion for Briefing Schedule [6 Page PDF file]
- June 24, 2011 — Request for the SEC to issue subpoenas [4 Page PDF file]
- July 13, 2011 — Request for Reconsideration of Order Regarding Issuance of Subpoena [7 Page PDF file]
- August 22, 2011 — Refuse, Inc.’s Opening Brief [26 Page PDF file]
- August 26, 2011 — Refuse, Inc.'s List of Proposed Witnesses [2 Page PDF file]
- September 21, 2011 — Refuse, Inc.’s Prehearing Reply Brief [19 Pages PDF file]
October 04, 2011 — Refuse, Inc.’s Request for Judicial Notice [5 Pages PDF file]
Nevada Division of Environmental Protection Documents
- May 12, 2011 — NDEP Permit Decision Letter [ 1 Page PDF]
- May 31, 2011 — Office of Attorney General — Cover Letter Requesting Briefing Schedule [2 Page PDF]
- May 31, 2011 — Office of Attorney General — Motion for briefing Schedule [3 Pages PDF]
- June 20, 2011 — Office of Attorney General — Cover Letter - Reply to Refuse for briefing schedule [1 Pages PDF]
- June 20, 2011 — Office of Attorney General — Reply to Refuse in support of AG's motion for briefing schedule [5 Pages PDF]
- June 30, 2011 — Office of Attorney General — Opposition to Request [by Refuse Inc.] for subpoena [5 Pages PDF]
- July 20, 2011 — Office of Attorney General — Opposition to Request for Reconsideration of the SEC's Order [2 Pages PDF]
- July 22, 2011 — Letter from the parties proposing alternative dates for the appeal hearing [2 Pages PDF]
- September 09, 2011 — Office of the Attorney General — Response Brief to Refuse Inc's Opening Brief [35 Pages PDF file]
- September 27, 2011 — NDEP — Witness List [2 Pages PDF file]
State Environmental Commission Documents
- July 11, 2011 — SEC Order Regarding Issuance of Subpoena, Briefing Schedule and Hearing Date [5 Pages PDF]
- July 21, 2011 — SEC Order Regarding Reconsideration of SEC Order Regarding Issuance of Subpoena [2 Pages PDF]
- September 13, 2011 — SEC Hearing Notice [8 Pages PDF file]
- September 22, 2011 — SEC Hearing Agenda [2 Pages PDF file]
- November 30, 2011 — SEC Order Granting Continuance and Scheduling New Hearing Date [2 page PDF]
- February 09, 2012 — Electronic Memorundum from the SEC: February 16, 2012 Hearing Date Vacated
- SEC Rules: SEC Rules of Practice (PDF)
- March 30, 2012 — SEC Memorandunm Acknowledgement of Appellant Withdrawal of Refuse, Inc. Appeal of Air Pollution Control Permit# AP4953-1148.01 [1 page PDF]
