Solid Waste Management Authority Hearing Officer Meeting

June 14, 2012

FOR IMMEDIATE RELEASE:
June 14, 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 June 14, 2012 hearing the following cases were adjudicated:

I. Matters Requiring Hearing Officer Action

A. Notices of Violation with Contested Facts

1. MKAT Capital Group, LLC – NOV #SW12-016/C6- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about January 5, 2012; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on January 5, 2012. (for possible action)

   Hearing officer found MKAT Capital Group, LLC in violation of 2) and imposed a penalty of $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. Failure to comply will result in the original penalty of $1,800 as initially sought in the Notice of Violation.

2. Henry Chow – NOV #SW12-282/24- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about February 27, 2012; and 2) placing, depositing or dumping or causing to be placed, deposited or dumped solid waste upon the property located at 8560 South Eastern Avenue, Henderson, Clark County, Nevada on or about February 27, 2012. (for possible action)
   
   Item continued to July 12, 2012 agenda.
3. Douglas Scott Abbott – NOV #SW11-1072/E0- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about August 16, 2011; and 2) placing, depositing or dumping or causing to be placed, deposited or dumped solid waste upon the properties located at the northeast corner of Hickam Avenue and North Durango Drive and 4192 North Durango Drive, Clark County, Nevada on or about August 16, 2011. (for possible action)

   Item withdrawn by the Southern Nevada Health District.

4. Chuck J. Besen – NOV #SW11-1496/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; and 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. (for possible action)

   Item withdrawn by the Southern Nevada Health District.

5. Westmont, Inc. – NOV #SW11-1544/C6- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about November 21, 2011; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on November 22, 2011. (for possible action)

   Item continued to September 13, 2012 agenda.

6. Olympia Group, L.L.C. – NOV #SW11-1293/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 5, 2011; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on October 10, 2011. (for possible action)
   
   Hearing officer found Olympia Group, LLC in violation of 2) and imposed a penalty of $1,400. Failure to comply will result in the original penalty of $2,800 as initially sought in the Notice of Violation.
7. Camastro Living Trust – NOV #SW11-14522/24- 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 3, 2011. (for possible action)

   Hearing officer found Camastro Living Trust 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.

8. Craig 95, LLC and Elireza Kaveh Family Trust – NOV #SW11-598/E0/23- For failure to comply with the Order issued by the Solid Waste Management Authority Hearing Officer on October 13, 2011. (for possible action)
   
   Hearing officer found Craig 95, LLC and Elireza Kaveh Family Trust in violation and imposed a penalty of $2,800. 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. S F Investments, LLC and Fred Lessman 2001 Living Trust – NOV #SW11-1678/47- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about December 29, 2011; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on January 4, 2012. (for possible action)

   Hearing officer found S F Investments, LLC and Fred Lessman 2001 Living Trust 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.

10. Romeo Mapanao and Shirleen Mapanao – NOV #SW12-202/32- For 1) causing or allowing sewage or accumulation of human excreta to overflow upon the property located at 5393 Retable Avenue, Clark County, Nevada on or about February 8, 2012; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on February 8, 2012. (for possible action)

    Hearing officer found Romeo Mapanao and Shirleen Napanao in violation and imposed a penalty of $900 for each of 1) and 2). 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. Reimbursement for plumbing costs in the amount of $310 is ordered as well as contract with a certified plumber or plumbing company to have lines videotaped and repaired is ordered.

11. Steve Warsh – NOV #SW11-1546/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 21, 2011; and 2) placing, depositing or dumping or causing to be placed, deposited or dumped solid waste upon the property located at 5860 North Durango Drive, Clark County, Nevada on or about November 21, 2011. (for possible action)

    Hearing officer found Steve Warsh 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.

12. Larry M. Boeckman II – NOV #SW11-992/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 29, 2011; and 2) placing, depositing or dumping or causing to be placed, deposited or dumped solid waste upon the public right-of-ways located east, west, and south of 1228 Osbiston Way and then flowed southward along the east side of Osbiston Way, eastward along the north side of Halvern Avenue, and southward along the west side of Linn Lane continuing past Eldorado High School to East Harris Avenue, Clark County, Nevada on or about July 29, 2011. (for possible action)

    Hearing officer found Larry M. Boeckman II 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.

13. David Davies and Nicholas Limer dba Silver Oaks Investment LLC dba Commercial Lofts LLC – NOV #SW11-1629/G9- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about December 16, 2011; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on December 19, 2011. (for possible action)

    Hearing officer found David Davies and Nicholas Limer dba Silver Oaks Investment LLC dba Commercial Lofts 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.

14. Las Vegas 215, LLC – NOV #SW11-256/G7- For operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about May 25, 2010. (for possible action)

    Hearing officer found Las Vegas 215, LLC in violation and imposed a penalty of $5,000. Corrective action of removal and proper disposal of waste is ordered. Contact Solid Waste Management Plan Review to submit and complete a permit application is ordered.

15. John Rubbico dba Citywide Aggregates – NOV #SW11-257/G7- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about May 25, 2010 and July 19, 2010; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on June 7, 2010. (for possible action)

    Hearing officer found John Rubbico dba Citywide Aggregates in violation and imposed a penalty of $10,000 for 1) and a penalty of $5,000 for 2). Corrective action of removal and proper disposal of waste is ordered. Contact Solid Waste Management Plan Review to submit and complete a permit application is ordered.

16. Tran Enterprises, LLC – NOV #SW11-058/C6/23- For failure to comply with the Order issued by the Solid Waste Management Authority Hearing Officer on August 17, 2011. (for possible action)

    Item continued to August 9, 2012 agenda.

17. Nhu Thi Tran – NOV #SW11-059/C6/23- For failure to comply with the Order issued by the Solid Waste Management Authority Hearing Officer on August 17, 2011. (for possible action)

    Item continued to August 9, 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. Top Dollar Recycling, LLC – NOV #SW12-207/G7- For violation of Solid Waste Management Authority Regulations (SWMAR) Governing Recycling Centers Section 8.4 for operating a recycling center outside of the conditions of the permit issued by the Solid Waste Management Authority in Clark County, Nevada, on or about January 18, 2012 and January 19, 2012. (for possible action)

   Hearing officer found Top Dollar Recycling, LLC in violation and imposed a penalty of $1,500. Failure to comply will result in the original penalty of $2,000 as initially sought in the Notice of Violation.

2. Paulette Simpson – NOV #SW11-1664/08- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about December 28, 2011; and 2) placing, depositing or dumping or causing to be placed, deposited or dumped solid waste upon the parcel located at the southwest corner of West Colton Avenue and Clayton Street, North Las Vegas, Clark County, Nevada on or about December 28, 2011. (for possible action)

   Hearing officer found Paulette Simpson in violation of 2) and imposed a penalty of $500. 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. Willian A. Mejia – NOV #SW11-969/08- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about July 26, 2011; and 2) placing, depositing or dumping or causing to be placed, deposited or dumped solid waste upon the public right-of-way located north of 2113 Sunrise Avenue, Las Vegas, Clark County, Nevada on or about July 26, 2011. (for possible action)

   Hearing officer found Willian A. Mejia in violation and imposed a penalty of $500 for 2). 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.

4. Marianne Geisler and Walter George Geisler – NOV #SW11-1526/G9- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority on or about October 26, 2011; and 2) placing, depositing or dumping or causing to be placed, deposited or dumped solid waste upon the property located at 1900 Allen Lane, Las Vegas, Clark County, Nevada on or about October 26, 2011. (for possible action)

   Hearting officer found Marianne Geisler and Walter George Geisler in violation and imposed a penalty of $500 for 2). 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.

5. Eliseo Perez – NOV #SW11-647/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 July 15, 2011. (for possible action)

   Hearing officer found Eliseo Perez in violation and imposed a penalty of $500 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. Failure to comply will result in t the original penalty of $1,800 as initially sought in the notice of violation.

C. Notices of Violation – Further Proceedings

1. 2010-1 CRE-NV Land, LLC – NOV #SW11-1201/C6- For 1) operating a disposal site in Clark County, Nevada, without a permit issued by the solid waste management authority; and 2) failure to comply with the Order issued by the Solid Waste Management Authority on November 21, 2011. (for possible action)

   Hearing officer order dated April 12, 2012 is amended.

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