Appeal Letter for LDC14-00014 (Petro Solutions, LLC) Whittier

162 Pages·2013·5.07 MB·English

RECEIVED ) {' \, ,-,
1\ \. \' :,'
N av (p 2013
Council Hearing Date:
OCT 10 2013 I
Council Hearing Time: {a pM
CITY CLEIi~EALS
O.F ACTIONS BY CITY OF RENO PLANNING COMMISSION OR
CITY OF RENO HEARING OFFICERJEXAMINER TO RENO CITY COUNCIL
(to be filed in Reno City Clerk's Office, 1 East First Street, Second Floor)
LDCH-fX)OiL/ Pr2tr-o~f)lLchcm6 LL~
Re: Case No.
I. I ceni fy that I am an aggrieved person' or his/her representative, the
applicant or his/her rcpresentative, the Mayor of the City of Reno, or a member of the
Reno City Council and have a right of appeal to the Council.
II. In accordance with Reno Municipal Code, Chapter 18.06, Article II,
§§ 18.06.206 et seq., I do hereby appeal the action of the City of Reno Planning
Commission or City of Reno Hearing Examiner (as applicable, "Lower Body") for the
following reason(s): (attach additional pages, if necessary)
VAt
tJi!da Yld ¥pELLe Id'f'd ~tn1>irn j()J tW!. '.
l'(JI)f2/1!<d£i-Yo -p .. ',' . ~ ?B~~1::f;:
tMt
III. Icertify that the above reas ns are based upon ev./idence presente. at~e '1''''''. H
-&cW 1;).
underlymg heanng held on the ~_ day of 2CC: ,20 ~U1tL-v
A. If the appellant presents plans or materials not previously
presented at the underlying hearing to the Reno City Council ("Council"), the
Council may remand the matter to the Lower Body for additional hearings
regarding the newly presented items.
B. Anyone, including the appellant, may address the Council by
written communications. Materials should be submitted to the City Manager's
Office 5 working days prior to the Council hearing date set forth above. If
material is untimely presented, Council may continue the hearing to a later date.
IV. I understand that the appeal fcc is $50 and the appeal will not be processed
until the fce is paid.

October 8,2013
Reno City Planning Commission\
Reno City Couneil
Reno City Hall
1 E First St
Reno, Nevada 89505
Re. Appeal of Reno Planning Commission Action on October 2, 2013 at 6 PM
regarding LDC14-00014 PctroSolutions LLC and Norris Bryan Fabian
and Theodora A. Fabian, 14150 Mt. Anderson St., Reno, Nevada.
Attached please find the appeal for the Reno Planning Commission's action approving
the Special Use Permit for Petro Solutions LLC (Agenda Item VI 6).
Our Appeal does not object to the land use of the property. It is zoned Industrial. We just
feel that some conditions are necessary before the Special Use permit is granted. Our
statements follow.
As I stated at the Reno Planning Commission Meeting October 2, 2013 at 6 PM, my
husband LaVoy and I are the previous owners of the property in question and we are
providing seller financing for the property. At the time of sale we were unaware that a
Special Use Permit was required for the new owners'(Norris Brian Fabian and Theodora
Fabian) proposed use of the property. On about September 10, 2013 we learned of the
Special Use Permit Application and that the Planning Commission would consider the
proposed action at the October 2, 2013 meeting. We contacted the staffs of the Reno
Planning Dept.(Vern Close), Washoe County Health Dept(Dave McNinch) and
NDEP(Joann Tichwell, Val King) among others to learn what would be required under
the Special Use Permit and to be assured that the new owners would comply with all
appropriate laws, regulations and permit conditions. Since we are canying paper for up
to 15 years for the Fabians, we have an interest in ensuring that all appropriate laws,
regulations and permit conditions are followed.
Attached to the Appeal form is the letter of concern that I submitted at the October 2,
2013 Planning Commission meeting(Attachment 1). Also attached is additional evidence
not presented to the Planning Commission at the October 2, 2013 meeting(Attachments
2-7). For ease I have included a summary list of the Attachments.
The evidence includes materials regarding corrective actions that have been issued to
Bryan and/or Theodora Fabian for other oil recycling and antifreeze operations that they
have operated. This includes two superfund sites located in California. It includes
information and an aerial photo regarding a Nevada site in Silver Springs, NV. We
believe that this history dictates that certain conditions be imposed before a Special Use
Permit and the associated Certificate of Occupancy is granted in order to proceed with
this project.

Mr. Fabian stated at the October 2,2013 Planning Commission meeting that he has been
doing this(o perating oil recycling operations) all his life. If so then it is our opinion that
he should be aware that Nevada law and standards regarding pollution and the
environment are stricter and also supercede Federal Law. In addition it is also our
opinion that he should be aware that substances and materials from other states,
specifically California, that are considered Hazardous Waste in those states are then also
classified as Hazardous Waste in Nevada and it is illegal, without an NDEP permit to
handle Hazardous Waste in Nevada. Lastly it is our opinion that there are strcit laws
regarding the legal storage periods for the different substances, including antifreeze.
Storage of these materials longer than the legal time limits would not be in compliance
with Nevada Law.
In light of the evidence provided with the accompanying appeal form we request that the
following conditions be included as part of the Special Use Permit approval process.
Conditions We ask to be Included in the Special Use Permit:
1). Require that any area of the property not now covered by Asphalt or Concrete
Paving(see Plan) be covered by concrete paving, installed to specifications with reo to
proper mix, compaction, to code.
2). Require installation of another curb inside the Western fenceline to protect the
landscaping fron leaks and any possible spills.
3). Require earthquake tie-downs on the tank installations.
4). Prohibit the storage of any used or recycled oil or oil products or any forms of
antifreeze in any size container on the site until the Certificate 0 Occupancy is granted.
5). Prohibit the handling of any Hazardous Waste at the site without an appropriate
permit from NDEP.
6). We request that engineering specifications(not the preliminary plans as shown in
the Special Use Permit Application) for the installation of the secondary containment pit,
C
tanks, paving be sent to us for review at least 10 days proir to approval by the City
Il5
Engineer.
4:S
7). We also request to be copied on any correspondence with the Fabians and any <."...
c: I -2
agencies.
~ ~
We appreciate the work of the Reno Planning Dept and Washoe County Environmental
Health Dept staffs regarding this proposed permit. Mr Ryan( I did not get his last name)0 ~ ~
who was at the Planning Commission meeting October 2, 2013 said it very well that s-J
c;;;L
everyone must d will do their jobs to ensure the project will follow all laws. This will
protect the e~ iro ent and the p lic health and safety.
Sincerely,
Beverly Whi ler
cc. All the agencies named in this letter
Linda Bowman

October 7, 2013
Reno Planning Commission,
Reno City Council
1 Stewart St.
Reno, NV
Re. Appeal of Planning Commission actions on October 2,2013 regarding
LDC14-00014 PetroSolutions LLC and Bryan Fabian and Theodora Fabian,
14150 Mt. Anderson St., Reno, NV
Attachments:
1) The letter I submitted to the Reno Planning Commission on this issue
October 2, 2013 at 6 PM
2) Americlean Site, Silver Springs, Nevada
Including Americlean, Clearwater/Best Violations (2001-2011)
And aerial photo
3) Liquid Gold Oil Corporation, Southern Pacific property, superfund
site-Richmond, CA
4) Refineries Service, superfund site, Patterson, CA
5) Nevada Regulations

October 1,2013
Comments reo LDC14-00014 (PetroSolutions)
Applicant: PetroSolutions LLC
APN Number: 086-148-05
Address: 14150 Mt. Anderson
Reno, NY
My comments are to be made as my husband La Yoy Whittier and me, Beverly Whittier are the
trustees for the property in question. Mr. and Mrs. Fabian, Norris Bryan Fabian and Theodora A
Fabian bonght the property from us in July, 20 I 3. They made a down payment and are making
payments for the agreed upon period oftime in order to payoff the note to us.
So I am just here in an effort to hopefully ask some salient questions and to make sure that I am
protecting my interests in the property.
The plan sounds velY interesting and a good idea at this time in Nevada, if done well.
I feel that the staff report was very thoughtfully prepared.
I would like my statements and questions read into the record for this process.
It seems that the plan involves recycling Used Oil(UO) and Oily Water(OW), raw or refined
waste oil, and antifreeze into re-usable products and that the water that remains, if it meets the
standards to be put into the sanitary sewer will be disposed of that way.
I have read that oil products without certain compounds are not considered hazardous waste in
Nevada.
So my questions are:
I. Will the plans as shown per Robison Engineering be similar to the plans shown in the
application, such as the concrete secondary eontainment structures, as it states the engineering
may change?
Will they still have to be of size to contain 110% of the volume of the largest tank?
Will the concrete be coated or lined with some surface so that oil may not leach through?
Will the tanks still be aboveground?
Will the tanks be double lined?
Will the tanks actually be elevated and supported above the concrete containment structure so
that it will be possible to see ifthere is rust or leaks as is required in Section 279.52 of the
General Facility Standards?
Those standards seem to require an alarm system in case of leaks and that sounds very good to
me.
2. If oil is not now considered hazardous waste in Nevada, what happens if that changes in the
future?
3. Can the Used Oil, Refined Oil, Oily Water, anti-freeze or any of the substances listed in the
application be stored on site before the Celtificate of Occupancy is issued?
4. Will PetroSolutions accept oil products from household do-it-yolll'selfers?
Those are all of my questions. I am just concerned that this process goes ahead as planned by
the Fabians and approved by the City of Reno.
Thank you
Beverly Whittier