Solid Waste Management Authority Hearing Officer Meeting

March 8, 2012

FOR IMMEDIATE RELEASE:
March 8, 2012

The Solid Waste Hearing Officer, under authority granted in Nevada Revised Statute (NRS) 444.629, conducts monthly hearings to settle cases involving illegal dumping and other solid waste matters. At the March 8, 2012 hearing the following cases were adjudicated:

I. Matters Requiring Hearing Officer Action

A. Notices of Violation with Contested Facts

1. Andrea E. Millsap – NOV #SW11-1481/A0- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about October 21, 2011; 2) placing, depositing or dumping or causing to be placed, deposited or dumped solid waste upon the vacant parcel located at 10435 West Cougar Avenue, Clark County, Nevada on or about October 24, 2011; and 3) identification of the owner of any solid waste which is disposed of, in violation of NRS 444.630, subsection 1; creates a reasonable inference that the owner is the person who disposed of the solid waste. The fact that the disposal of the solid waste was not witnessed does not, in and of itself, preclude the identification of its owner.

   Hearing officer found Andrea E. Millsap in violation of 3) and imposed a penalty of $500. Failure to comply will result in the original penalty of $2,700 as initially sought in the Notice of Violation.

2. Juan Bonilla – NOV #SW11-393/08- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about March 22, 2011; and 2) placing, depositing or dumping or causing to be placed, deposited or dumped solid waste upon the vacant parcel located at the northwest corner of West Mayflower Avenue and North 3rd Street, North Las Vegas, Clark County, Nevada on or about March 22, 2011.

   Item withdrawn by the Southern Nevada Health District.

3. Garrett Keith Hedges – NOV #SW11-1507/E0- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about November 16, 2011; and 2) placing, depositing or dumping or causing to be placed, deposited or dumped solid waste upon the vacant parcel located at 6211 Chandon Court, Las Vegas, Clark County, Nevada on or about November 16, 2011.

   Hearing officer found Garrett Keith Hedges in violation and imposed a penalty of $900 for each of 1) and 2). Corrective action of removal and proper disposal of waste is ordered. A Cease and Desist order is issued to stop operating a solid waste disposal site without a permit from the solid waste management authority at this location or any other in Clark County, Nev.

4. Rancho Mesquite Casino, L.L.C. dba Eureka Hotel and Casino – NOV #SW11-1648/21- For causing or allowing sewage or accumulation of human excreta to overflow upon property located at 275 Mesa Boulevard, Mesquite, Clark County, Nevada, specifically inside the Eureka Hotel and Casino cold holding units located in the basement of the establishment on or about July 15, 2011, July 26, 2011 and January 18, 2012.

   Per a settlement agreement, a $2,500 penalty is assessed and corrective action is ordered.

5. HCBA Inc. and James Beauparlant – NOV #SW11-876/C6- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about June 29, 2011; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on June 30, 2011.

   Hearing officer found HCBA Inc. and James Beauparlant in violation and imposed a penalty of $900 for each of 1) and 2). Corrective action of removal and proper disposal of waste is ordered. A Cease and Desist order is issued to stop operating a solid waste disposal site without a permit from the solid waste management authority at this location or any other in Clark County, Nev.

6. George Kalb – NOV #SW11-1301/A0- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about October 11, 2011; 2) placing, depositing or dumping or causing to be placed, deposited or dumped solid waste upon the vacant parcel located at 8113 West Rochelle Avenue, Clark County, Nevada on or about October 11, 2011; and 3) identification of the owner of any solid waste which is disposed of, in violation of NRS 444.630, subsection 1; creates a reasonable inference that the owner is the person who dispose of the solid waste. The fact that the disposal of the solid was not witnessed does not, in of itself, preclude the identification of its owner.

   Hearing officer found George Kalb in violation and imposed a penalty of $900 for each of 1) and 2). Corrective action of removal and proper disposal of waste is ordered. A Cease and Desist order is issued to stop operating a solid waste disposal site without a permit from the solid waste management authority at this location or any other in Clark County, Nev.

7. Shirley J. Ayo – NOV #SW11-646/G9- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about May 24, 2011; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on May 26, 2011.

   Item withdrawn by the Southern Nevada Health District.

8. Wade Lizotte – NOV #SW11-1291/47- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about March 3, 2011; 2) placing, depositing or dumping or causing to be placed, deposited or dumped solid waste upon the vacant parcel located northwest of Beesley Drive and Las Vegas Boulevard, Clark County, Nevada on or about March 3, 2011; 3) disposing of, abandoning or dumping motor vehicle battery, motor vehicle tire or motor vehicle oil at a site which has not been issued a permit for that purpose on or about March 3, 2011; and 4) failure to comply with the Order issued by the Solid Waste Management Authority on October 19, 2011.

   Hearing officer found Wade Lizotte in violation and imposed a penalty of $1,500 for 1), 2) and 3), and a penalty of $2,500 for 4). Corrective action of removal and proper disposal of waste is ordered. A Cease and Desist order is issued to stop operating a solid waste disposal site without a permit from the solid waste management authority at this location or any other in Clark County, Nev.

9. Labbe Family Trust ETAL – NOV #SW11-1240/C6- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about September 22, 2011; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on September 26, 2011.

   Hearing officer found Labbe Family Trust ETAL in violation and imposed a penalty of $500 for 2). Corrective action of removal and proper disposal of waste is ordered. A Cease and Desist order is issued to stop operating a solid waste disposal site without a permit from the solid waste management authority at this location or any other in Clark County, Nev. Failure to comply will result in the original penalty of $1,800 as initially sought in the Notice of Violation.

10. Robindale Interstate, LLC – NOV #SW11-1329/C6- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about October 10, 2011; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on October 17, 2011.

    Hearing officer found Robindale Interstate, LLC in violation and imposed a penalty of $750 for 2). Corrective action of removal and proper disposal of waste is ordered. Failure to comply will result in the original penalty of $1,800 initially sought in the Notice of Violation.

11. Burbank LLC and ALS Enterprise – NOV #SW11-1200/C6- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about September 15, 2011; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on September 19, 2011.

    Item continued to May 10, 2012 agenda.

12. Michael Little – NOV #SW11-027/G7/G7- For failure to comply with the Order issued by the Solid Waste Management Authority Hearing Officer on July 14, 2011.

    Hearing officer found Michael Little in violation and imposed a penalty of $5,000. Corrective action of removal and proper disposal of waste is ordered. A Cease and Desist order is issued to stop operating a solid waste disposal site without a permit from the solid waste management authority at this location or any other in Clark County, Nev. Retention of a Certified Environmental Manager (CEM) is ordered.

13. Grand Canyon Building A, LLC – NOV #SW11-1133/A0- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about August 31, 2011; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on September 6, 2011.

    Hearing officer found Grand Canyon Building A, LLC in violation of 2) and imposed a penalty of $750. A Cease and Desist order is issued to stop operating a solid waste disposal site without a permit from the solid waste management authority at this location or any other in Clark County, Nev. Failure to comply will result in the original penalty of $1,800 as initially sought in the Notice of Violation.

14. CVS Pharmacy #2955 and CVS Pharmacy, Inc. – NOV #SW11-1387/E0- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about October 5, 2011; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on October 25, 2011.

    Hearing officer found CVS Pharmacy #2955 and CVS Pharmacy, Inc. in violation of 2) and imposed a penalty of $900. Failure to comply will result in the original penalty of $1,800 as initially sought in the Notice of Violation.

15. Shearing Family Trust and Los Reyes Corporation – NOV #SW11-1317/60- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about October 7, 2011; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on October 14, 2011.

    Item continued to May 10, 2012 agenda.

16. Clean the World Foundation, Inc. – NOV #SW11-995/G7- For Solid Waste Management Authority Regulations (SWMAR) Governing Recycling Centers Section 3.1 for operating a recycling in Clark County Nevada, without a permit issued by the Solid Waste Management Authority on or about July 27, 2011.

    Hearing officer found Clean the World Foundation, Inc. in violation and imposed a penalty of $900.

17. Marco Saldana and Armando Saldana – NOV #SW11-949/G7- For 1) failure to satisfy legal arrangements for removal of municipal solid waste at 3280 East Tropicana Avenue, Clark County, Nevada on or about October 20, 2011 and November 22, 2011; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on October 25, 2011.

    Hearing officer found Marco Saldana and Armando Saldana in violation and imposed a penalty of $1,800 for 1) and a penalty of $900 for 2). Trash service is ordered.

18. Federal National Mortgage Association – NOV #SW10-2155/G9/23- For failure to comply with the Order issued by the Solid Waste Management Authority Hearing Officer on September 8, 2011.

    Hearing officer found Federal National Mortgage Association in violation and imposed a penalty of $6,900. Corrective action of removal and proper disposal of waste is ordered. A Cease and Desist order is issued to stop operating a solid waste disposal site without a permit from the solid waste management authority at this location or any other in Clark County, Nev.

19. Bank New York Mellon Trustees – NOV #SW11-1414/24- For failure to comply with the Order issued by the Solid Waste Management Authority on November 2, 2011.

    Hearing officer found Bank New York Mellon Trustees in violation and imposed a penalty of $5,500. Proof of waste disposal is ordered.

20. Marci K. Simmons – NOV #SW11-1595/A0- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about October 21, 2011; 2) placing, depositing or dumping or causing to be placed, deposited or dumped solid waste upon the vacant parcel located approximately 1,850 feet west and 210 feet south of the west end paved portion of Ford Avenue located west of Grand Canyon Road, Clark County, Nevada on or about October 21, 2011; and 3) identification of the owner of any solid waste which is disposed of, in violation of NRS 444.630, subsection 1; creates a reasonable inference that the owner is the person who disposed of the solid waste. The fact that the disposal of the solid waste was not witnessed does not, in and of itself, preclude the identification of its owner.

    Hearing officer found Marci K. Simmons in violation and imposed a penalty of $900 for each of 1) and 2). Corrective action of removal and proper disposal of waste is ordered. A Cease and Desist order is issued to stop operating a solid waste disposal site without a permit from the solid waste management authority at this location or any other in Clark County, Nev.

21. Village at Russell-Phase II, LLC and Jaimee Yoshizawa – NOV #SW11-525/C6- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about April 27, 2011; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on August 2, 2011.

    Hearing officer found Village at Russell-Phase II, LLC and Jaimee Yoshizawa in violation and imposed a penalty of $900 for each of 1) and 2). Corrective action of removal and proper disposal of waste is ordered. A Cease and Desist order is issued to stop operating a solid waste disposal site without a permit from the solid waste management authority at this location or any other in Clark County, Nev.

22. Jun L. Zhou – NOV #SW11-940/47- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about July 22, 2011; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on July 25, 2011.

    Item continued to April 12, 2012 agenda.

B. Non-Contested Notices of Violation: The Hearing Officer may approve or disapprove the agreed resolution. Upon disapproval of the agreed resolution, the Hearing Officer will set a date for the hearing of any such Notice of Violations.

1. Basic Environmental Company LLC – NOV #SW11-1277/60- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about September 29, 2011; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on October 6, 2011.

   Hearing officer found Basic Environmental Company LLC in violation and imposed a penalty of $3,200 for 1) and a penalty of $3,700 for 2). Corrective action of removal and proper disposal of waste is ordered. A Cease and Desist order is issued to stop operating a solid waste disposal site without a permit from the solid waste management authority at this location or any other in Clark County, Nev.

2. Southern Hills Medical Center, LLC – NOV #SW11-1261/C6- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about September 28, 2011; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on September 29, 2011.

   Hearing officer found Southern Hills Medical Center, LLC in violation and imposed a penalty of $900 for each of 1) and 2). Corrective action of removal and proper disposal of waste is ordered. A Cease and Desist order is issued to stop operating a solid waste disposal site without a permit from the solid waste management authority at this location or any other in Clark County, Nev.

3. A Recycling Solution, LLC – NOV #SW11-1458/G7- For operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about September 8, 2011 and October 27, 2011.

   Hearing officer found A Recycling Solution, LLC in violation and imposed a penalty of $1,000. A Cease and Desist order is issued to stop operating a solid waste disposal site without a permit from the solid waste management authority at this location or any other in Clark County, Nev. Failure to comply will result in the original penalty of $1,900 as initially sought in the Notice of Violation.

4. Paul C. Lewis and Lou Jeanne Lewis – NOV #SW11-908/G9- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about July 1, 2011; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on July 8, 2011.

   Hearing officer found Paul C. Lewis and Lou Jeanne Lewis in violation of 2) and imposed a penalty of $500. Failure to comply will result in the original penalty of $1,800 as initially sought in the Notice of Violation.

5. Nevada Bank – NOV #SW11-1426/C6- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about October 25, 2011; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on November 1, 2011.

   Hearing officer found Nevada Bank in violation of 2) and imposed a penalty of $900. A Cease and Desist order is issued to stop operating a solid waste disposal site without a permit from the solid waste management authority at this location or any other in Clark County, Nev. Failure to comply will result in the original penalty of $1,800 as initially sought in the Notice of Violation.

C. Notices of Violation – Further Proceedings

None

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