The asphalt plant near the Lyon County border has been the focus of complaints from nearby Mound House residents for several years and has been shut down since late August when the Nevada Department of Environmental Protection (NDEP) issued a stop work order due to environmental permit violations.
The Planning Commission has now begun the process to revoke Tahoe Western Asphalt’s (TWA) special use permit. The commission on Oct. 28 voted to serve Tahoe Western an order to show cause why its special use permit with the city should not be revoked.
The plant operator was not present.
NDEP issued a stop work order on Aug. 14 and effective Aug. 26 to the plant after citing the company for several violations.
“Based on our review of the records provided by TWA for activities that occurred at the facility in the period from August 17, 2020 to August 23, 2020, inclusive, the Nevada Division of Environmental Protection has deemed that the Stop Order 202lEA-02 issued on August 14, 2O2O (attached) requiring TWA to cease operation of all emission units shall be effective beginning on August 26, 2020,” read the letter.
According to NDEP documents, the company failed to maintain permit-required air pollution controls; to conduct permit-required record-keeping and monitoring; and failed to comply with permitted opacity limits.
In 2018, after repeated complaints from residential neighbors, the Planning Commission added a condition to the business’ permit that the additive Ecosorb must be used in its manufacturing process to mitigate odors. A year later, the commission reviewed the permit and determined the additive was not working and during its February 2020 meeting removed that condition and added another requiring the plant to add a piece of equipment called a regenerative thermal oxidizer and that odors from the plant not be detectable beyond the property line.
Tahoe Western appealed, asking the Board of Supervisors to remove six conditions from its special use permit. The board upheld the commission’s decision and required the business to report back to the board on its NDEP permit, which it did at the board’s Aug. 20 meeting, when its attorney Simons Hall Johnston, said Tahoe Western was working with NDEP on the permit renewal.
He also argued that the restrictions were “arbitrary and capricious” and could ultimately put the company out of business.
“The planning commission arbitrarily said ‘Well how about we just make it so they can’t have odors outside their property line?” explained Clarke. “Again that is arbitrary and capricious and requires the TWA office in Carson City to erect some sort of odor barrier which you can’t. It’s a business ending condition.”
Tahoe Western’s initial permit to operate the plant was approved in 2011, but the business didn’t begin manufacturing asphalt until July, 2016. Since then, NDEP’s Bureau of Air Pollution has cited the plant repeatedly.
“Between January 2017 and March of 2018, NDEP cited the business seven times for violations related to air quality, and assessed fines of $61,055,” reads the staff report.
The business has also been cited three times by Carson City code enforcement for operating during hours not allowed by the original permit. Permits can be revoked if a business is found to be a public nuisance or detrimental to public health and safety.
The next hearing will likely be held at the commission’s January meeting when the public may be allowed to attend the meeting in person.
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