Reck Brothers Appeal - CANCELLED
 Time
|
 Location
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|---|---|
| Hearing 9:00 A.M. October 2, 2024 |
Bryan Building, 1st Floor (Bonnie B. Bryan Room) Video-conference: NDEP Las Vegas Office (Red Rock Conf Room)
THIS APPEAL HEARING HAS BEEN CANCELLED
Capacity at the physical locations is limited Remote participation is encouraged Join the Microsoft Teams meeting: Meeting ID: 233 158 580 970 Or call in (audio only) +1 775-321-6111,,747306169# United States, Reno Phone Conference ID: 747 306 169# |
SEC Final Decision: On September 30, 2024, McDonald Carano LLP, on behalf of Reck Bros, LLC, formally withdrew the appeals that were the subject of this hearing; therefore, this hearing has been cancelled. A penalty hearing will be scheduled for a future date to determine the apppropriate penalty.
Hearing Audio, Agenda, Notices, Minutes, and Transcripts
- Hearing Notice
- Hearing Agenda
- Hearing Audio
Background of Appeal
Reck Bros operates Hi Line Quarry Asphalt Plant near Ely, Nevada. Reck Bros was issued a Class II Air Quality Operating Permit (AQOP) No. AP1611-0835.03 by the Nevada Division of Environmental Protection (NDEP) on May 4, 2014.
On November 5, 2021, NDEP issued a Letter of Alleged Findings and Order to Appear for an Enforcement Conference to discuss alleged findings of non-compliance identified in the Letter. The enforcement conference was held on December 2, 2021, and Reck Bros was unable to show cause why NDEP should not issue a Notice of Alleged Violation (NOAV) for the findings. NOAV No. 2892 was issued on April 4, 2022.
On September 7, 2023, the Division presented a recommended penalty amount of $24,000.00 for NOAV 2892 at the State Environmental Commission (SEC) meeting. There were some questions regarding the number of days of operation and the facility's records of those days. The Commission tabled the Reck Bros agenda item to allow NDEP time to potentially recalculate the recommended penalty after substantiating the number of days of operation.
NOAV 2982 was discussed again at the December 5, 2023 SEC meeting. The Commission approved a total penalty for NOAV 2982 of $24,000 with $12,000 to be paid via completion of a Supplemental Environmental Project (SEP).
On February 23, 2024, Parr, Brown, Gee, and Loveless Law Offices filed an appeal on behalf of Reck Bros alleging the following provisions have been violated: NRS 445B.640(1), NAC 445B.281, NRS 445B.340, NRS 445B.360, NAC 445B.890 2.(e) & 2.(f). On March 6, 2024, Parr, Brown, Gee, and Loveless Law Offices filed an amended appeal on behalf of Reck Bros alleging violation of the same regulations and statutes as listed above and adding violation of NRS 445B.450(1), NRS 445B.470(1), NAC 445B.018, NAC 445B.22097, and NAC 445B.275.
Appeal Documents
Appellant Documents: Reck Bros
- February 23, 2024 - Appellant Form 3
- March 6, 2024 - Appellant's Amended Form 3
- July 29, 2024 - Appellant's Opening Brief
- September 9, 2024 - Appellant's Reply Brief Transmittal Letter
- September 9, 2024 - Appellant's Reply Brief
Defendant Documents: Nevada Division of Environmental Protection
- April 4, 2022 - NOAV 2892
- August 26, 2024 - Defendant's Response Brief
- Exhibit A - Class II Air Quality Operating Permit AP1611-0835.03
- Exhibit B - Notice of Findings and Stop Order No. 2023C-06
- Exhibit C - Source Test Report
- Exhibit D - NDEP Source Test Review
- Exhibit E - Notice of Alleged Air Quality Violation No. 3139
- Exhibit F - First Request for Appeal Hearing
- Exhibit G - Second Request for Appeal Hearing
- Exhibit H - NDEP Email to Reck Brothers re Enforcement Conference Summary and Outcomes
- Exhibit I - United States Postal Service Electronic Certified Mail Return Receipt
- Exhibit J - SEC Email Setting Hearing Schedule
