Jungo Landfill, Final Solid Waste Permit SW495REV00
 Time
|
 Location
|
|---|---|
| First Hearing 9:30 A.M. Monday, May 21, 2012 | Bryan Building, Tahoe Conference Room (2nd Floor) 901 South Stewart Street Carson City, NV |
| Second Hearing 8:30 A.M. Tuesday, May 22, 2012 | Bryan Building, Tahoe Conference Room (2nd Floor) 901 South Stewart Street Carson City, NV |
SEC Final Decision: Permit Upheld
Hearing Audio, Agenda, Notices, Minutes, and Transcripts
- Appeal Hearing Notice & SEC Rules of Practice
- Appeal Hearing Agenda
- Audio file #1
- Audio file #2
- Court Reports Transcript
Background of Appeal
The appeals that were filed by the three appellant were consolidated into one hearing pursuant to NAC 445B.8957. In addition, on March 26, 2012 Dolan Law LLC on behalf of appellant Robert Hannum filed a “Notice of Appearance” with the SEC authorizing Robert E. Dolan to represent Mr. Hannum in the appeal proceedings. Then on May 4, 2012 Dolan Law LLC advised the Commission that he would also be representing Mr. Robert Cook—see “Notice of Appearance” Mr. Dolan also represented the Clean Desert Foundation's appeal of the landfill permit, however the Clean Desert Foundations's appeal was withdrawn on the day of the hearing. Of note, the SEC had jurisdiction to hear the appeal pursuant to NRS 445B.350, NRS 445B.360, NAC 445B.890 and NAC 445B.891. The Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) sections involved in the appeal were: NRS 444.440 through 444.620 and NAC 444.570 through 444.7499.
Additional Background
On February 29, 2012, NDEP issued the Final Permit for the Jungo Landfill to Recology (Nevada Land and Resource Company). In doing so, NDEP made available on it's website documents supporting the permit decision including NDEP's response to public comments and transmittal letters to commenters along with additional information about the proposed Jungo Landfill permitting process.
On March 9, 2012 the State Environmental Commission received appeals from Mr. Richard Cook, Mr. Robert Hannum, and the Clean Desert Foundation Inc. As noted above Mr. Robert Dolan is now representing Clean Desert; and both Mr. Hannum and Mr. Cook; all of the appeal documents for the “Appellants” are presented below.
On March 15, 2012 the law firm of McDonald·Carano·Wilson, LLP filed a “Petition for Leave to Intervene” (on behalf of Recology) on the above referenced appeal and then on March 16, 2012 the State Environmental Commission issued an order granting the petition to intervene.
On March 27, 2012 Respondent NDEP requested the SEC to order briefs for the appeal; hearing no objection from the parties, the SEC issued the requested order on April 02, 2012. In issuing the order and with verbal concurrence from the parties to the appeal, the SEC set the appeal hearing date for May 21 and May 22, 2012. All of the above referenced documents are presented below including the SEC's notice of appeal and appeal hearing agenda.
Appeal Documents
Appellant Documents
Appeals (SEC Form 3)
- March 09, 2012 — SEC Form 3 Appeal by Richard Cook
- March 09, 2012 — SEC Form 3 Appeal by Robert Hannum
- March 09, 2012 — SEC Form 3 Clean Desert Foundation Inc. [BY Robert Dolan] (6 Pages, 3.4MB)
- Exhibit A through Q (266 Pages, 31MB)
Notice of Appearance
- March 26, 2012 — Notice of Appearance Regarding Appellant Robert Hannum [By Robert Dolan] (3 Pages)
- May 04, 2012 — Notice of Appearance Regarding Appellant Richard Cook [By Robert Dolan] (3 Pages)
Briefs
- March 13, 2012 — Opening Brief Richard Cook (22 Pages 1.4 MB)
- USGS Report 95-4119 (101 Pages - 10MB)
- Review of Potential Public Health & Groundwater Quality Impacts - Proposed Jungo Landfill By G. Fred Lee, (55 Pages, 770 KB)
- April 17, 2012 — Opening Brief Clean Desert foundation Inc. (444 Pages, 50 MB)
- April 17, 2012 — Opening Brief Robert Hannum (442 Pages, 48 MB)
- May 08, 2012 — Appellant Cook’s Responding Brief to NDEP & Recology (24 Pages, 988KB)
- May 11, 2012 — Appellant Robert Hannum and the Clean Desert Foundation Reply Brief on Appeal (5 Pages, 1.5MB)
- May 14, 2012 — Appellant Robert Hannum & Clean Desert Foundation Witness List (3 Pages)
- May 14, 2012 — Appellant Robert Hannum & Clean Desert Foundation Exhibit List (19 Pages, 2.4MB)
Appellants Response to Motion to Dismiss
- April 27, 2012 — Appellant Cook’s Response to Recology’s 4/25/12 Motion to Dismiss Appeals (8 Pages)
Respondent Documents: Nevada Division of Environmental Protection
- March 27, 2012 — Request SEC to order briefing schedule (2 Pages)
- May 02, 2012 — NDEP Response to Opening Briefs of Clean Desert Foundation, Inc., Robert Hannum, and Richard Cook (16 Pages)
- May 14, 2012 — NDEP Witness and Exhibit List (4 Pages)
Intervenor Documents: Recology
- March 15, 2012 — Petition for Leave to Intervene (3 Pages)
- April 25, 2012 — Recology Motion To Dismiss Appeals (32 Pages 540KB)
- May 02, 2012 — Recology's Responding Brief (26 Pages 826 KB)
- May 14, 2012 — Recology's Witness and Exhibit List (56 Pages 3MB)
State Environmental Commission (SEC) Documents
- March 16, 2012 — Order Granting Petition For Leave To Intervene (2 Pages)
- March 28, 2012 — SEC Letter to Rober E. Dolan, Esq. (Request for issuance of subpoenas)
- April 02, 2012 — SEC Order Regarding Briefing Schedule (3 Pages)
- May 16, 2012 — Notification Letter - Appeal Hearing Agenda (3 Pages)
