Smith Valley Dairy Water Pollution Control Discharge Permit NS2014502

Time	Location
First Hearing 9:00 A.M. July 23, 2015	Bryan Building, Tahoe Conference Room (2nd Floor) 901 South Stewart Street Carson City, NV
Second Hearing 9:00 A.M. July 24, 2015	Bryan Building, Tahoe Conference Room (2nd Floor) 901 South Stewart Street Carson City, NV

Hearing Audio, Agenda, Notices, Minutes, and Transcripts

• Hearing Notice
• Hearing Agenda
• 7-23-15 Hearing Audio file [MP3 - 131 MB]  
• 7-24-15 Hearing Audio file [MP3 - 62.2 MB]  

Background of Appeal

The Smith Valley Dairy is located in Lyon County at 40 Hunewill Lane, approximately 6 miles northeast of Smith, Nevada.

On March 9, 2015, the Nevada Division of Environmental Protection (NDEP) issued Water Pollution Control Permit NS2014502 to Smith Valley Dairy. Permit NS2014502 is a new permit and authorizes the discharge of manure and process wastewater to:

1. Land application areas, reported at 1640 acres, in accordance with a Division reviewed Nutrient Management Plan and;
2. Waters of the State as a result of a storm event or a chronic rainfall event that exceeds the 25 year 24 hour storm design, provided that the facilities and their production areas are properly designed, constructed, operated and maintained to contain manure, pollutants, direct precipitation and the runoff from a 25 year 24 hour storm event.

On March 19, 2015, the Save Our Smith Valley, Inc. (SOS, Inc.) filed an appeal signed by Carol McLeod, Secretary.

In summary, SOS, Inc. alleges that the NDEP Water Pollution Control permit issued to Smith Valley Dairy violates NRS 233B.135, which addresses a Judicial Review conducted by a court without a jury. Within the individual explanations, SOS, Inc. alleges the following citations have been violated: NRS 445A.585, NAC 445A.283, NRS 40.140, NRS 445A.665, NRS 445A.305, NRS 445A.445, NAC 445A.121 and NRS 445A.490.

Appeal Documents

Appellant Documents: Save our Smith Valley, Inc 

• March 19, 2015 — Appellant Form 3
• May 4, 2015 — Appellant's Unopposed Motion to Revise Briefing Schedule
• May 8, 2015 — Appellant's Opening Brief
• May 19, 2015 — Appellant’s Opening Brief - List of Exhibits
  • Exhibit 1
  • Exhibit 2
  • Exhibit 3
  • Exhibit 4
  • Exhibit 5
  • Exhibit 6
  • Exhibit 7
  • Exhibit 8
  • Exhibit 9
  • Exhibit 10
  • Exhibit 11 - Submitted May 20, 2015
  • Exhibit 11A
  • Exhibit 12
  • Exhibit 13
  • Exhibit 14
  • Exhibit 15
  • Exhibit 16
  • Exhibit 17
  • Exhibit 18
  • Exhibit 18A
  • Exhibit 20
  • Exhibit 21
  • Exhibit 22 - Submitted May 20, 2015
  • Exhibit 23
  • Exhibit 24
  • Exhibit 25
  • Exhibit 26
• June 25, 2015 — Appellant's Reply Brief

Defendant Documents: Nevada Division of Environmental Protection

• March 9, 2015 — Smith Valley Dairy Fact Sheet
• March 9, 2015 — Groundwater Discharge Permit NS2014502
• May 19, 2015 — Letter to SOS requesting the Exhibits Absent from SOS’s Opening Brief
• May 21, 2015 — Defendant’s Unopposed Motion to Revise Briefing Schedule
• June 5, 2015 — Response to Opening Brief

Intervener Documents: Smith Valley Dairy 

• March 24, 2015 — Petition for Leave to Intervene
• June 5, 2015 — Response to Opening Brief
• July 8, 2015 — Letter Establishing Legal Counsel

State Environmental Commission Documents

• April 1, 2015 — Order Granting Petition for Leave to Intervene [2 Pages]
• April 20, 2015 — SEC Briefing Schedule Cover Memo [1 Page]
• April 20, 2015 — Order Regarding Briefing Schedule [2 Pages]
• May 6, 2015 — Order Revising Briefing Schedule [2 Pages]
• May 26, 2015 — Order, Second Revision of Briefing Schedule [2 Pages]