Read all about Judicial Review here and here.

Thanks to those of you who have already submitted your comments to the NDEP. For those who haven’t had a chance to get your comments in, here’s some resources to get you started:

. Dr. G Fred Lee & Associates was hired by Humboldt County to provide a review of the NDEP permit independent of the NDEP, Recology, or Recology consultants. You can read his report here. It may help you articulate your own comments

· See what others are saying to the NDEP via comments already shared with the NDEP.

· All NDEP and Recology documentation for the permit is at the NDEP Jungo Landfill Project site: http://ndep.nv.gov/bwm/jungo.htm for your review. The draft permit, public notice and Jungo fact sheet from the NDEP are here: http://ndep.nv.gov/bwm/doc​s/ndep_letter_102611.pdf

· A public hearing was held December 1, 2011, in Winnemucca. Public comment transcripts of what your neighbors had to say are available here.  At this meeting, the NDEP noted they had not been out to the site of the landfill, devised a leachate plan or read the soil report, and had to ‘dig deep into their bag of tricks’ to grant an exception to Nevada state law to build this dump closer to an active aquifer than 100 feet. Yet, they have published intent to permit this landfill.

Public comments must be submitted in writing no later than 5:00PM on January 30, 2012 to:

Jon Taylor, PE CEM

Division of Environmental Protection

Bureau of Waste Management

901 South Stewart Street, Suite 4001

Carson City, NV 89701-5249

775.687.9477

jtaylor@ndep.nv.gov

The NDEP states they will either issue or deny the operating permit 30 days later.

Hope your New Year is off to a great start.  Each of you are encouraged to submit questions or commentary to the NDEP, and we ask each of you to share this post with all of your friends, asking them to do the same!

Fri., January 13, 2012
Mediation Questionnaire due. If your registration for Appellate ECF is confirmed after this date, the Mediation Questionnaire is due within one day of receiving the email from PACER confirming your registration.
Mon., February 6, 2012
Transcript shall be ordered.
Tue., March 6, 2012
Transcript shall be filed by court reporter.
Mon., April 16, 2012
Appellant’s opening brief and excerpts of record shall be served and filed pursuant to FRAP 32 and 9th Cir. R. 32-1.
Wed., May 16, 2012
Appellee’s answering brief and excerpts of record shall be served and filed pursuant to FRAP 32 and 9th Cir. R. 32-1.

We will have more as or if we learn it.

December 1, the Nevada Division of Environmental Protection (NDEP) held a public comment meeting in Winnemucca. Several attended and participated in comment. The bulk of those who spoke were against the landfill.  Here’s the NDEP transcript of what the public had to say.  The presentation the NDEP gave and an audio recording of what the public shared is available at the NDEP/Jungo web site.

On December 7, Judge Jones ruled that Jungo Land Investment/Recology’s conditional use permit still stands and that the Humboldt County Commissioners must uphold their request to extend the conditional use permit for five years. Here’s what the judge said. The last we’d heard on this case, Jungo Land and Investments/Recology vs. Humboldt County, there were to be oral arguments heard in front of the judge in January, 2012. Many were surprised by this turn of events. We haven’t heard if there will be any follow up on this or not by Humboldt County.

The Humboldt County Commissioners hired a consultant, Dr. Fred Lee and associates, to review the NDEP and Jungo Landfill operating plan. On December 14, the commissioners voted to send the report to the NDEP as part of the public comment. You can read the report as well, posted on the Humboldt County Commissioners web site. Dr. Lee pointed out several concerns about the landfill including water pollution and the long term affects of the landfill going past the prescribed post-closure period.

In the meantime, the proposed landfill site along with three other sections of land in Desert Valley, have been sold as one of, if not the, largest private sales of land in American history.  The new owner, New Nevada Lands, has indicated that prior lease/purchase option agreements between Jungo Land and Investments and Nevada Land and Resources will be honored. Once Jungo has secured all the required permits etc., NNL envisions selling the land in question to Jungo.

Today, the NDEP published that public comment has been extended until January 30, 2011. Initially, the public comment period was closed on December 16th, at 5pm. We are not aware of why it was extended or if anyone made a formal request to extend it. But, since it is extended, you are certainly encouraged to take this opportunity to send your comments in if you missed the 12/16 deadline, or, find more questions/comments you’d like to share after reading Dr. Lee’s report.

Here’s the particulars on public comment. Public comments must be submitted in writing no later than 5:00PM on January 30, 2012 to:
Jon Taylor, PE CEM
Division of Environmental Protection
Bureau of Waste Management
901 South Stewart Street, Suite 4001
Carson City, NV 89701-5249
775.687.9477
jtaylor@ndep.nv.gov

The NDEP will either issue or deny the operating permit 30 days later.

Here’s an example of a great comment already submitted to the NDEP (shared with permission).

If you need any other inspiration or ideas, or just want to see what others are asking about, other comments shared with the NDEP are available here.

We certainly urge each of you, your friends and family, to take advantage of this extended public comment period to share your views and questions on the Jungo Road Landfill. There is still no operating permit issued. Even with the judge’s ruling, Jungo/Recology cannot proceed without a final operating permit.

And last, but not least, NAG wishes each and every one of you a Merry Christmas and a safe, prosperous and Dump Free New Year. Thank you for your support and efforts to keep Winnemucca and Humboldt County a quality place to work, live and play.

These comments will be published here with the names of the commentator included or not depending on your wishes. Click here to read the first comment.

ONCE AN OPERATING PERMIT IS GRANTED, WHAT CHANGES CAN BE MADE? What guarantees can and will NDEP make to the citizens of Humboldt County that: The waste stream source will never change, the waste stream contents will never change, the plan of design will never change, the inspection process will never change?
Answer: You can’t and won’t make any of those guarantees as per NAC 444.6435 which says that all of the aforementioned items and more are subject to change if the operator so requests. Click here to read the second comment.

All leachate is toxic, all landfills generate it, all landfills leak, and once an aquifer is tainted, it is impossible to fix. You are either ignoring the loads of documents that are coming your way or you do not understand them. Click here to read the third comment.

All liners leak: Not if, just when. As stated by the EPA in the Federal Register (53-Federal Register 33314~33422 August 30, 1988). The NDEP in a letter to Norcal Waste Systems dated March 4, 2009 also stated that the NDEP will not assume “no 1eakage” through the liner. Click here to read the fourth comment.

Many who oppose the proposed Jungo landfill are primarily concerned about the feasibility of Jungo Flat for that activity; indeed, due to relative elevation, ground and surface water conditions, complex soils and potential seismic activity the Jungo site does not appear to be suitable for a Class 1 landfill.Click here to read the fifth comment.

First of all I question the RPC’s issuance of the first CUP. At the time a second landfill was not even legal. Recology’s initial CUP was approved by the Regional Planning Commission on 4/12/07. At that time, only one landfill was allowed in Humboldt County, NV. An ordinance allowing a second landfill (ordinance number 10-15-2007), was implemented with an effective date of 10/26/07, by the County Commissioners. Ordinance 10-15-2007 gave the board and council authority to contract for and manage programs for HAZARDOUS waste, not just SOLID waste. The summary of the amendment for ordinance 10-15-2007 and the public notice on 10/5/07 did not mention that change documented in section 13.12.270 of the ordinance.
Click here to read the sixth comment.

Many of my fellow citizens and I have brought forth numerous observations to NDEP pointing out that the proposed site cannot support the proposed project as designed without creating real and substantial danger to the health and welfare of the residents of Humboldt County Nevada, and to the underlying aquifer and surface waters of the State of Nevada. Briefly, such observations include: Click here to read the seventh comment.

I came across a study just today that exemplifies a particular area of reference to which myself and others have voiced objections. That is in regards to flooding and sheeting. This study, entitled “Estimating playa lake flooding: Edwards Air Force Base, California, USA by Richard H.French, Julianne J. Miller & Charles R. Dettling” was undertaken to determine the depth of water as a result of a 100 year precipitation event at the dry lakes (playas) … Click here to read the eighth comment.
Click here to read the attachment.

As is common with many land leases, it is important to note that Nevada Land and Resources LLC has an amended notice of non-responsibility with Jungo Land and Investements, Inc. as part of the lease and option to purchase. This notice specifies they are “…not responsible for any claims arising from any work of improvement in, upon or over said real property, including but not limited to, mineral exploration, mineral development, mineral processing, the construction, alteration, addition to, repair, demolition or removal of any building or structure whatsoever, or the seeding sodding or planting for landscape purposes, or filling, leveling or grading of said property”. I’m betting this covers landfills, too. Notice on file and dated 2/5/07. Also, it applies to all four sections of land Jungo Land and Investment Inc has a lease/purchase option on. Click here to read the ninth comment.

Read all the comments from the meeting by clicking here.

We’ll try to get some answers to these questions as soon as possible.  Keep checking back.