This webpage addresses how the public can participate in permitting decisions through submission of public comments during the public notice comment period and direct involvement in the public hearing process.

Public Involvement Process: The Nevada Division of Environmental Protection (NDEP) encourages comments on permits or permit modifications for all solid waste management facilities; comments can be transmitted electronically or provided in writing. Public Notices, along with the fact sheet and draft permits and/or permit modification documents are posted on NDEP's Public Notice Website as well as in the local newspaper. In addition an e-mail is sent out to anyone who has requested to be placed on the .

The public review and comment period for all permits is 30 days. A public hearing may be requested within the 30 days of the public notice and comment period.

In providing comments on proposed actions by NDEP, such as a Notice of Intent to either issue or deny a permit, the public is encouraged to comment on substantive issues within the agencies' authority. NDEP staff make all effort to address public comments, however NDEP'S actions are constrained by state laws and regulations, and such constraints include a given applicants' rights to an impartial assessment of a permit to operate a waste management facility.

More About The Public Involvement Process [Print This Section - PDF]

The Nevada Division of Environmental Protection (NDEP) Bureau of Waste Management posts Public Notices and conducts Public Hearings in accordance with NAC 444.641 through 444.6425. Once a determination has been made and the facility has submitted all the required regulatory information, the documents are presented to the public for review and comment. During the Public Comment period the NDEP attempts to gather relevant comment from the local community to assist in permitting a given facility.

To assist the public in submitting relevant comments, the NDEP is providing this short list of tips. The NDEP has no authority to merely "not permit" a site if the applicant has met all of the regulatory criteria in the permitting review process. Therefore it is important to provide relevant comments on the application so those concerns from local communities can be incorporated into the permitting process.

If providing written comments, please make your comment specific to the project and or specific to an area of concern within the project. Emphasize the most important part and summarize your major concern. If providing oral comments please make your oral comments as a summary of your major concerns, emphasizing and explaining the most important points. If you have them written, and are attending a public hearing bring them and submit them as well at the hearing. The NDEP is required to consider all comments whether written or oral but is constrained to address these comments within the context of the regulations.

1. Introduce yourself: Say your name and what special relationship/expertise you bring to the subject. (local resident, worked in a similar field, grew up in the area, have read news reports on XXYY facility or landfills etc. etc.)
2. Introduce your group: If you're affiliated with a group, in a sentence or two, say your group's name and purpose.
3. State your comments and/or concerns State the problem as you see it from your perspective. Talk about the project specifically
For example:
1. believe the XXYY Project will impact the groundwater for the following reasons.
2. XXYY Project is an environmental problem because…
3. The local community will be impacted because…
4. XXYY Project failed to comply with a specific regulation as follows…
5. Etc etc
4. State the Solution: This is your opportunity to provide alternatives for the site or specific provisions that you believe should be included in the application or permit.
1. What would you suggest as a solution…

Requesting a Public Hearing: When requesting a public hearing, individuals may simultaneously provide public comment on a given action; it is important, however to include the nature of the issues that the commenter would like to raise at a public hearing (see: NAC 444.6415). Providing this information will help NDEP staff assess the need for such a hearing, as well as prepare response documents as may be necessary.

The Appeal Process: Any person who wishes to appeal a final decision of the solid waste management authority may do so. Such an appeal must be made in writing in accordance with the State Environmental Commission's rules. Appeals of and made within 10 days of the decision. Specifically, NAC 459.9995 states that: Any person who requests a hearing before the State Environmental Commission concerning a final decision of the State Department of Conservation and Natural Resources pursuant to chapter 459 of NRS may do so by filing a request, within 10 days after notice of the action of the Department, on form 3* with the State Environmental Commission , 901 South Stewart Street, Suite 4001, Carson City, Nevada 89701-5249.

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