Ponderosa Dairy Appeal: Water Pollution Control Permit No. NV0023027

Time	Location
First hearing 9:30 A.M. January 19, 2010	Bryan Building, 2nd Floor (Tahoe Room) 901 South Stewart Street Carson City, NV
Second hearing 9:30 A.M. January 20, 2010	Bryan Building, 2nd Floor (Tahoe Room) 901 South Stewart Street Carson City, NV

Hearing Audio, Notices, Minutes, and Transcripts

• Volume I — 282 Pages, 350KB
• Volume II — 199 Pages, 250KB
• January 08, 2010 — January 19 SEC Appeal Hearing Notice

Background of Appeal

In May 2007, the Nevada Division of Environmental Protection's (NDEP) Bureau of Water Pollution Control issued a public notice and fact sheet for the renewal of Rockview Farms' [Ponderosa Dairy] Water Pollution Control Permit #NV0023027. The public notice and fact sheet contained a detailed description of the entire Ponderosa Dairy facility. 

In brief, the dairy proposed to expand its operations, which are located at G Ranch and Mecca Roads in Amargosa Valley, Nye County, Nevada. The permit [which has been granted] increased the allowable flow of water from 0.625 million gallons per day (MGD) to 1.000 MGD. With over 9,000 cows, the dairy is defined as a concentrated animal feeding operation (CAFO). As a CAFO, the dairy is required to contain all manure and process wastewater from the production area except overflow resulting from a storm greater than the 25-year, 24-hour event. The land application of manure and process wastewater is also required to be in compliance with NDEP's approved nutrient management plan. The receiving waters of concern are groundwater via percolation of irrigation flows, and the Amargosa River via stormwater overflow.

The notice and fact sheet described NDEP's basis for the permit, the public comment process, as well as NDEP's tentative determination for renewing of the permit for an additional five-year period. NDEP's decision to renew the Ponderosa Permit was issued on October 25, 2007. That [final] decision was subsequently appealed to the State Environmental Commission on November 03, 2007 by John F. Bosta and Antonio Guerra Martinez. Following these appeals Ponderosa Dairy formally requested to intervene in the appeal proceeding.

Following these actions, on February 13, 2009 Mr. John Marshall on behalf of a non-profit organization know as ACE (Amargosa Citizens for the Environment), filed a “Request to Intervene” in the above referenced appeal. This action was then followed by an “Opposition to Petition [by ACE] for Leave to Intervene” filed by the attorneys representing Ponderosa Dairy.

On March 17, 2009 the SEC issued a notice for a preliminary hearing to consider intervener status for both Rockview Farms and Amargosa Citizens for the Environment. The audio recording of the March 31st hearing is posted below. At the hearing the SEC's appeals panel approved intervener status for both parties noted above. A copy of the order dated April 27, 2009 “Order Regarding Petitions to Intervene…” is also posted below.

On July 09, 2009 the SEC conducted a second appeal hearing, however for “process related” legal reasons this hearing was discontinued and postponed. It was subsequently concluded on January 19 and 20, 2010. 

Appeal Documents

NDEP Documents

• February 15, 2007 — Public Notice [2 Pages]
• February 15, 2007 — Fact Sheet [10 Pages]
• May 16, 2007 — Notice of Public Hearing: [2 Pages]
• October 25, 2007 — Notice of Decision — includes response to public comments [35 Pages]
• October 25, 2007 — Permit #NV0023027: Authorization to Discharge [ 21 Pages]
• June 26, 2009 — NDEP’s response to Appellants Opening Statement [32 Pages]
• June 30, 2009 — Notice of Errata: NDEP’s response to Appellants Opening Statement [2 Pages]

Citizens Appeals

• November 02, 2007 — Appeal by John Bosta [SEC Form 3 - 1 Page]
• November 03, 2007 — Appeal by Antonio Guerra Martinez [SEC Form 3 - 1 Page]
• February 13, 2009 — Letter from John L. Marshall, Attorney at Law: Request for Order to Intervene in Appeals of Permit NO. NV0023027, Rockview Farms Inc.. [Ponderosa Dairy]. The letters address Amargosa Citizens for the Environment's Petition to Intervene in the pending Bosta/Martinez appeal [3 Pages].
• Introduction / Summary: Appellants’ Opening Statement [10 Pages]
  • Exhibit A — CAFO Groundwater Monitoring — Prepared by: Charles M. Tebbutt Western Environmental Law Center [13 Pages 5.8MB]
  • Exhibit B — Ponderosa Chronology [2 Pages]
  • Exhibit C — 1998 State of Nevada Complaint [5 Pages]
  • Exhibit D — Nevada Division of Water Resources Letter of 02/08/08) — Ponderosa Dairy Groundwater Pumpage Reporting [6 Pages]
  • Exhibit E1 — Wastewater Permit Application: June 12, 2009 Memorandum from Alex J. Sagady & Associates to John Marshall [8 Pages] 
  • Exhibit E3 — Statement of Qualifications: Alex J. Sagady & Associates [12 Pages]
• June 16, 2009 — Amended Witness List: Letter from John Marshall to the SEC [1 Page]

• July 02, 2009 — Appellants' Reply Statement to Appeal of NDEP’s NPDES [13 Pages]
  

  • Exhibit F — NDEP Mailing List [3 Pages]
  • Exhibit G — Email reference, Ponderosa CNMP [3 Pages]
  • Exhibit H — NRCS Nutrient Management Code 590 [12 Pages]
  • Exhibit I — NRCS Waste Utilization Code 633 [3 Pages]
• Janury 14, 2010 — Appellants’ Opposition to Dairy’s Motion to Dismiss [4 pages]
• Attachment A [5 pages]

SEC Documents

• November 08, 2007 — SEC Letter to Mike Kwiakowski [Ponderosa Dairy] noting Opportunity to Intervene [1 Page]
• March 17, 2009 — SEC Preliminary Hearing Notice [2 Pages]
• April 27, 2009 — Order Regarding Petitions to Intervene by Rockview Farms and Amargosa Citizens for the Environment (ACE) [1 Pages] and the Certificate of Service [1 Page]
• June 30, 2009 — Notice of Appeal Hearing: Ponderosa Dairy Permit #NV0023027 [3 Pages]
• July 09, 2009 — Print Copy - Court Reports Verbatim Record [61 Pages]
• January 08, 2010 — January 19 SEC Appeal Hearing Notice & Certificate of Service [4 Pages]
• February 18, 2010 — Decision of the State Environmental Commission [8 pages - PDF file]

Intervene Documents

• November 13, 2007 — Petition to Intervene in Appeal: Ponderosa Dairy [2 Pages]
• February 23, 2009 — Letter from John R. Zimmerman: Opposition to Petition [by ACE] for Leave to Intervene as filed on behalf of Rockview Farms, Inc., as Operator of the Ponderosa Dairy [6 Pages].
• June 26, 2009 — Intervenor's Answering Brief to Appellants Opening Statement [ 29 Pages]
• June 29, 2009 — Motion to Dismiss the appeals of John Bosta and Antonio Martinez [15 Pages]