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November 07, 2007— SEC Decision: Findings of Fact, Conclusions of Law and Order [8 Pages]
Consolidated Appeal — October 15, 2007
North Valley Waste Water Treatment Facility
NDEP Bureau of Water Pollution Control Permit #NEV60025
 three-member panel of the State Environmental Commission (SEC) has scheduled a hearing on the above referenced appeal filed by appellants Stephen L. Bennett, John N. Nolte, and Carl & Debora Larsen. This is a "Consolidated Appeal" per the SEC's Rules of Practice as defined under NAC 445B.8957.
A hearing to consider these appeals will be held at 9:30 am on October 15th 2007 in Carson City Nevada. The hearing will be held at the Office of the Attorney General, 100 North Carson Street, Carson City, Nevada - second floor conference room.
This appeal hearing was requested under the authority of the SEC's Rules of Practice (NAC 445B.890) and Nevada's water pollution control laws (NRS 445A.610).
In the appeal the appellants assert the permit for the expansion of the North Valley Waste Water Treatment facility in Douglas County issued by the Nevada Division of Environmental Protection (NDEP) on August 28, 2007 is "insufficiently detailed." The appellants allege NDEP's permit fails to properly handle odors and pests from the expansion of the waste water treatment facility.
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The appellants contend the permit is also deficient because it depends on issuance of a separate amended permit to an adjacent private party. This "second" amended permit would revise an existing effluent management plan by allowing transfer of additional treated effluent from the North Valley Waste Water Treatment facility for agricultural uses. The appellants further argue this second amended permit is "vaguely described" and could lead to "misinterpretations during compliance reviews."
Finally, the appeal raised a purported conflict between Nevada's Administrative Procedures Act (NRS 233B.174) and Nevada's water control laws (NRS 445A.610). This purported conflict was made moot by enactment of AB 94 by the 2007 session of the Nevada Legislature.
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