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2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.130 - Powers and duties of Division.

1. The Division shall:
(a) Use the money in the Account for the purposes set forth in 33 U.S.C. §§ 1381 et seq.
(b) Determine whether eligible recipients which receive money or other assistance from the Account comply with the requirements set forth in 33 U.S.C. §§ 1381 et seq.
2. The Division may:
(a) Enter into an agreement with the Federal Government for the acceptance of grants of money for the Account.
(b) Provide services relating to the preparation of any plan or report concerning the Account.
(c) Perform or cause to be performed by a nonprofit organization or any other eligible recipient under 33 U.S.C. §§ 1381 et seq. through an interagency agreement, subgrant, contract or memorandum of understanding any programs, projects or activities authorized pursuant to 33 U.S.C. §§ 1381 et seq.
(Added to NRS by 1989, 1257; A 1993, 644; 2023, 331)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.135 - Regulations of Commission.

The Commission shall adopt regulations to carry out the provisions of NRS 445A.060 to 445A.160, inclusive. The regulations adopted by the Commission must, without limitation, set forth the entities that are eligible to receive assistance in accordance with 33 U.S.C. §§ 1381 et seq.
(Added to NRS by 1989, 1258; A 2023, 332)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.140 - Limitations on use of money; compliance with federal law.

1. Except as otherwise provided in NRS 445A.145, money in the Account, including, without limitation, repayments of principal and interest on loans, and interest and income earned on money in the Account, may be used only in accordance with 33 U.S.C. §§ 1381 et seq.
2. The regulations adopted by the Commission pursuant to NRS 445A.135 must prescribe, in accordance with federal law, the authorized uses of the money in the Account.
(Added to NRS by 1989, 1258; A 1993, 645; 2023, 332)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.145 - Administration: Limitations on expenditures; imposition and collection of fees to defray costs.

1. The Administrator shall not:
(a) Spend more than the amount or percentage authorized pursuant to 33 U.S.C. §§ 1381 et seq. to administer the Account, provide technical assistance or for any other use authorized pursuant to federal law; or
(b) Use any money generated pursuant to NRS 445A.155 for the costs of administering the Account unless authorized by the Legislature.
2. The Administrator may impose and collect a fee from each eligible recipient which receives a loan or other financial assistance from the Account. The fee must be used to defray the costs of administering the Account.
3. If the Administrator imposes a fee, the Commission shall adopt regulations establishing the amount of the fee required to be collected pursuant to subsection 2.
(Added to NRS by 1989, 1258; A 1993, 645; 2023, 332)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.155 - Issuance of bonds to support Account.

1. The Administrator may authorize the State Treasurer to issue, sell or deliver general obligation bonds of the State or revenue bonds if viable to support the purposes of the Account.
2. If the Administrator authorizes the issuance of those bonds, the State Treasurer may:
(a) Sue and be sued to establish or enforce any right arising out of a project receiving financial assistance or of any state securities issued pursuant to this authorization;
(b) Acquire and hold municipal securities, and exercise all of the rights of holders of those securities;
(c) Sell or otherwise dispose of municipal securities and assets acquired in connection with those securities, unless limited by any agreement which relates to the securities;
(d) Make contracts and execute all necessary or convenient instruments;
(e) Accept grants of money from the Federal Government, the State, any agency or political subdivision, or any other person;
(f) Adopt regulations relating to projects receiving financial assistance and the administration of those projects;
(g) Employ for the Administrator or for any eligible recipient any necessary legal, fiscal, engineering and other expert services in connection with projects receiving financial assistance and with the authorization, sale and issuance of state securities and municipal securities;
(h) Enter into agreements and arrangements consistent with NRS 445A.060 to 445A.160, inclusive, concerning the issuance of state securities and the purchase of municipal securities; and
(i) Undertake other matters which the Administrator determines to be necessary or desirable to accomplish the purposes of NRS 445A.060 to 445A.160, inclusive.
3. Before any bonds are issued pursuant to this section, the State Board of Finance must certify that sufficient revenue will be available in the Account to pay the interest and installments of principal as they become due.
4. The money in the Account that is available for the payment of the interest and installments of principal on the bonds must be pledged as the primary source for the payment of the bonds. The full faith and credit of the State may be pledged.
(Added to NRS by 1989, 1258; A 1993, 645; 1997, 3013; 2023, 333)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.160 - Environmental review: Regulations; preparation and review of environmental assessments.

1. The Commission shall adopt regulations relating to the environmental review process required by 33 U.S.C. §§ 1381 et seq.
2. Each eligible recipient which receives money from the Account shall prepare an environmental assessment which complies with the regulations adopted by the Commission and submit it to the Division for review.
3. The Division shall review each such assessment.
(Added to NRS by 1989, 1259; A 1993, 646; 2023, 334)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.170 - Permit or written permission required from State Department of Conservation and Natural Resources.

1. It is unlawful for any person, firm, association or corporation to:
(a) Construct a pier, breakwater or marina in or to alter the shoreline of Lake Tahoe;
(b) Remove gravel, sand or similar material from Lake Tahoe; or
(c) Deposit any fill or deleterious material in Lake Tahoe,
without first having secured written permission from the State Department of Conservation and Natural Resources.
2. Construction or alteration of the Lake Tahoe shoreline below the high water elevation (6,229.1 feet) requires written permission from the State Department of Conservation and Natural Resources.
3. A permit must be denied when the source of domestic water or the place of disposal of sewage or other wastes would create a health hazard or the quality of Lake Tahoe waters would be impaired.
4. The State Department of Conservation and Natural Resources shall adopt regulations governing the issuance of permits under this section.
[1:306:1949; 1943 NCL § 8247.01]—(NRS A 1963, 957; 1967, 404, 1171; 1973, 1406; 1975, 1402; 1977, 1139; 1979, 283)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.175 - Discharge of waste prohibited; issuance of permit subject to provision of sewerage.

1. Except as provided in subsection 2, the direct discharge of sewage or other wastes into Lake Tahoe, or within 100 feet of the established high water rim of Lake Tahoe, or within 100 feet of a stream, reservoir, spring, well or other water supply in the Lake Tahoe Watershed is prohibited.
2. Where disposal of sewage or other waste by reason of property characteristics, topography or other limitations cannot be provided other than within 100 feet of Lake Tahoe, then the State Department of Conservation and Natural Resources shall issue the required permit subject to installation and operation of such sewage works as may be necessary to provide protection to the Lake Tahoe water and the Lake Tahoe Watershed.
[2:306:1949; 1943 NCL § 8247.02]—(NRS A 1963, 957; 1973, 1406; 1975, 1403; 1977, 1140)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.180 - Adoption of regulations by State Environmental Commission; powers of State Department of Conservation and Natural Resources.

1. The State Environmental Commission may adopt reasonable regulations consistent with law governing the Lake Tahoe Watershed area to carry out the purpose and intent of NRS 445A.170 to 445A.190, inclusive.
2. The State Department of Conservation and Natural Resources:
(a) May enforce the regulations of the State Environmental Commission with respect to the provisions of NRS 445A.170 to 445A.190, inclusive.
(b) May enter on any property within the Lake Tahoe Watershed area for the purpose of inspecting such premises to determine whether or not they are in conformity with the provisions of NRS 445A.170 to 445A.190, inclusive.
3. All regulations and standards adopted by the State Board of Health pertaining to the protection of Lake Tahoe and its watershed in force on July 1, 1975, remain in effect until revised by the State Environmental Commission pursuant to NRS 445A.170 to 445A.190, inclusive.
[3:306:1949; 1943 NCL § 8247.03]—(NRS A 1963, 958; 1967, 1172; 1973, 1406; 1975, 1403; 1977, 1140)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.185 - Construction of NRS 445A.170 to 445A.190, inclusive.

The provisions of NRS 445A.170 to 445A.190, inclusive, shall not be construed to authorize the adoption of any regulation or the issuance of any permit pursuant to such regulation, which allows any person to discharge any sewerage, effluents or other wastes or offensive materials into the waters of Lake Tahoe, but these provisions do not preclude a beneficial use of treated effluent within the Lake Tahoe Watershed under a permit issued pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive.
[4:306:1949; 1943 NCL § 8247.04]—(NRS A 1977, 756)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.190 - Penalties.

Any person, firm, association or corporation violating any of the provisions of NRS 445A.170 to 445A.185, inclusive, or of the rules and regulations hereby established shall be guilty of a misdemeanor.
[5:306:1949; 1943 NCL § 8247.05]—(NRS A 1967, 580)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.200 - Definitions.

As used in NRS 445A.200 to 445A.295, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445A.203 to 445A.250, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 1821)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.205 - "Account for Set-Aside Programs" defined.

"Account for Set-Aside Programs" means the Account created pursuant to NRS 445A.255 to fund activities, other than projects, authorized by the Safe Drinking Water Act, pursuant to NRS 445A.275 and 445A.280.
(Added to NRS by 1997, 1821)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.215 - "Construction" defined.

"Construction" includes:
1. Preliminary planning to determine the feasibility of a project;
2. Engineering, architectural, legal, environmental, fiscal or economic investigations or studies, surveys, designs, plans, working drawings, specifications or procedures that comply with the Safe Drinking Water Act, and regulations adopted pursuant thereto; and
3. Other necessary actions related to a project including the erection, building, acquisition, alteration, remodeling, improvement or extension of a project, or the inspection or supervision of any item set forth in this section.
(Added to NRS by 1997, 1821)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.225 - "Federal grant" defined.

"Federal grant" means money authorized by the Safe Drinking Water Act to:
1. Create a revolving fund to assist public water systems to finance the costs of facilities needed to achieve or maintain compliance with the Safe Drinking Water Act and regulations adopted pursuant thereto and to protect public health; and
2. Fund set-aside programs authorized by the Safe Drinking Water Act.
(Added to NRS by 1997, 1822)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.230 - "Project" defined.

"Project" means the initial construction, or renovation, modification or expansion, of portions of a public water system for:
1. The impoundment, collection, pumping, treatment, storage or distribution of water;
2. Increasing, sustaining or reducing water pressure; or
3. The supervision, monitoring, administration, management, operation or maintenance of the water system, including acquisition of water rights,
subject to any restrictions set forth in the Safe Drinking Water Act.
(Added to NRS by 1997, 1822)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.235 - "Public water system" defined.

"Public water system" means a system, regardless of ownership, that provides the public with water for human consumption through pipes or other constructed conveyances, if the system has 15 or more service connections, as defined in NRS 445A.843, or regularly serves 25 or more persons. The term includes:
1. A facility for the collection, pumping, treatment, storage or distribution of water which is controlled by the operator of the system and used primarily in connection with the system; and
2. A facility for the collection or storage before treatment of water which is not controlled by the operator of the system but is used primarily in connection with the system.
(Added to NRS by 1997, 1822; A 1999, 1866)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.255 - Creation and purpose; payment of claims; faith of State pledged.

1. The Account to Finance the Construction of Projects, to be known as the Account for the Revolving Fund, is hereby created in the Fund for Water Projects Loans.
2. The account to fund activities and projects, authorized by the Safe Drinking Water Act, to be known as the Account for Set-Aside Programs, is hereby created in the Fund for Water Projects Loans.
3. The money in the Account for the Revolving Fund and the Account for Set-Aside Programs may be used only for the purposes set forth in the Safe Drinking Water Act.
4. All claims against the Account for the Revolving Fund and the Account for Set-Aside Programs must be paid as other claims against the State are paid.
5. The faith of the State is hereby pledged that the money in the Account for the Revolving Fund and the Account for Set-Aside Programs will not be used for purposes other than those authorized by the Safe Drinking Water Act.
(Added to NRS by 1997, 1823; A 1999, 21; 2001, 2754; 2023, 334)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.260 - Interest and income; deposits; acceptance of gifts, appropriations, contributions, grants and bequests; use of money to benefit public water systems limited.

1. The interest and income earned on money in the Account for the Revolving Fund and the Account for Set-Aside Programs must be credited to the Account for the Revolving Fund and the Account for Set-Aside Programs, respectively.
2. All payments of principal and interest on all loans made to a public water system and all proceeds from the sale, refunding or prepayment of obligations of a public water system acquired or loans made in carrying out the purposes of the Account for the Revolving Fund or the Account for Set-Aside Programs must be deposited in the State Treasury for credit to the Account for the Revolving Fund or the Account for Set-Aside Programs, respectively.
3. The Division may accept gifts, appropriations from the State General Fund, contributions, grants and bequests of money from any public or private source. The money so accepted must be deposited in the State Treasury for credit to the Account for the Revolving Fund, or the Account for Set-Aside Programs, and can be used to provide money from the State to match the federal grant, as required by the Safe Drinking Water Act.
4. Except as otherwise provided in subsection 5, only federal money deposited in a separate subaccount of the Account for the Revolving Fund, including repayments of principal and interest on loans made solely from federal money, and interest and income earned on federal money in the Account for the Revolving Fund, may be used to benefit public water systems not governmentally owned.
5. In addition to the sources described in subsection 4, the proceeds of state securities that are solely secured by and solely payable from one or more of the sources set forth in subsection 4 may be used to benefit public water systems not governmentally owned.
(Added to NRS by 1997, 1823; A 2023, 334)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.265 - Powers and duties of Division; limitations.

1. The Division shall:
(a) Use the money in the Account for the Revolving Fund and the Account for Set-Aside Programs for the purposes set forth in the Safe Drinking Water Act.
(b) Determine whether public water systems which receive money or other assistance from the Account for the Revolving Fund or the Account for Set-Aside Programs comply with the Safe Drinking Water Act and regulations adopted pursuant thereto.
2. The Division may:
(a) Prepare and enter into required agreements with the Federal Government for the acceptance of grants of money for the Account for the Revolving Fund and the Account for Set-Aside Programs.
(b) Bind itself to terms of the required agreements.
(c) Accept grants made pursuant to the Safe Drinking Water Act.
(d) Manage the Account for the Revolving Fund and the Account for Set-Aside Programs in accordance with the requirements and objectives of the Safe Drinking Water Act.
(e) Provide services relating to management and administration of the Account for the Revolving Fund and the Account for Set-Aside Programs, including the preparation of any agreement, plan or report.
(f) Perform, or cause to be performed by the Nevada Rural Water Association or other persons, agencies or organizations through interagency agreement, subgrant, contract or memorandum of understanding, set-aside programs pursuant to 42 U.S.C. § 300j-12 of the Safe Drinking Water Act.
(g) Make loans or grants from the Account for Set-Aside Programs to borrowers for set-aside programs that meet the requirements of 42 U.S.C. § 300j-12 of the Safe Drinking Water Act.
3. The Division shall not:
(a) Commit any money in the Account for the Revolving Fund for expenditure for the purposes set forth in NRS 445A.275; or
(b) Establish the priorities for determining which public water systems will receive money or other assistance from the Account for the Revolving Fund,
without obtaining the prior approval of the Board for Financing Water Projects.
(Added to NRS by 1997, 1824; A 1999, 1866; 2009, 635; 2023, 335)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.275 - Use of money in compliance with federal law; requirements for assistance to public water system; regulations.

1. Except as otherwise provided in NRS 445A.260 and 445A.280, money in the Account for the Revolving Fund, including repayments of principal and interest on loans, and interest and income earned on money in the Account for the Revolving Fund and money in the Account for Set-Aside Programs may be used only in accordance with the Safe Drinking Water Act. Money in the Account for Set-Aside Programs may be transferred to the Account for the Revolving Fund pursuant to the Safe Drinking Water Act.
2. A public water system which requests a loan or other financial assistance must demonstrate that it has:
(a) Complied with the Safe Drinking Water Act and regulations adopted pursuant thereto; or
(b) Agreed to take actions that are needed to ensure that it has the capability to comply with the Safe Drinking Water Act and regulations adopted pursuant thereto.
3. Funding from the Account for the Revolving Fund may not be given to an existing public water system unless it has the technical, managerial and financial capability to ensure compliance with the Safe Drinking Water Act and regulations adopted pursuant thereto. A new public water system, to receive such funding, must demonstrate that it has the technical, managerial and financial capability to ensure compliance with the Safe Drinking Water Act and regulations adopted pursuant thereto.
4. The Commission shall adopt regulations which must prescribe, in accordance with federal law, the authorized uses of the money in the Account for the Revolving Fund and the Account for Set-Aside Programs.
(Added to NRS by 1997, 1824; A 2023, 335)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.280 - Administration: Limitations on expenditures; imposition and collection of fees to defray costs.

1. The Administrator shall not:
(a) Spend more than the amount or percentage authorized for administering the Account for the Revolving Fund and the Account for Set-Aside Programs pursuant to 42 U.S.C. § 300j-12 of the Safe Drinking Water Act; or
(b) Spend more than the amount or percentage authorized for set-aside programs pursuant to 42 U.S.C. § 300j-12 of the Safe Drinking Water Act.
2. The Administrator may impose and collect a fee from each public water system that receives a loan or other financial assistance from the Account for the Revolving Fund or the Account for Set-Aside Programs. The fee must be used to defray the costs of administering the Account for the Revolving Fund or the Account for Set-Aside Programs.
3. If the Administrator imposes a fee pursuant to subsection 2, the Commission shall adopt regulations establishing the amount of the fee to be collected.
(Added to NRS by 1997, 1825; A 2003, 3061; 2023, 336)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.295 - Environmental review: Regulations; preparation and review of environmental assessments.

1. The Commission shall adopt such regulations as are necessary relating to the environmental review required by the Safe Drinking Water Act.
2. Each public water system which receives money from the Account for the Revolving Fund shall prepare an environmental assessment which complies with the regulations adopted by the Commission and submit it to the Division for review.
3. The Division shall review each such assessment.
(Added to NRS by 1997, 1825; A 2003, 3061)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.305 - Legislative declaration.

1. The Legislature finds that pollution of water in this State:
(a) Adversely affects public health and welfare;
(b) Is harmful to wildlife, fish and other aquatic life; and
(c) Impairs domestic, agricultural, industrial, recreational and other beneficial uses of water.
2. The Legislature declares that the people of this State have a right to clean water and it is the policy of this State and the purpose of NRS 445A.300 to 445A.730, inclusive:
(a) To maintain the quality of the waters of the State consistent with the public health and enjoyment, the propagation and protection of terrestrial and aquatic life, the operation of existing industries, the pursuit of agriculture, and the economic development of the State;
(b) To mitigate the degradation of the waters of the State; and
(c) To encourage and promote the use of methods of waste collection and pollution control for all significant sources of water pollution (including point and diffuse sources).
(Added to NRS by 1973, 1707; A 1979, 1026; 2021, 3411)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.310 - Definitions.

As used in NRS 445A.300 to 445A.730, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445A.315 to 445A.420, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1973, 1708; A 1977, 1141; 1979, 344, 1027, 1915; 1985, 763; 1991, 1742; 1995, 1585; 2001, 956; 2003, 2113)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.335 - "Diffuse source" defined.

"Diffuse source" means any source of water pollution which is diffused to the extent that it is not readily discernible and cannot be confined to a discrete conveyance. This term is intended to be equivalent to the term "nonpoint source" as used in federal statutes and regulations.
(Added to NRS by 1979, 1029)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.355 - "Effluent limitation" defined.

"Effluent limitation" means any applicable state and federal water quality standard or limitation which imposes any restriction or prohibition on quantities, rates and concentrations of chemical, physical, biological and other constituents which are discharged from point sources into any waters of the State.
(Added to NRS by 1973, 1708)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.370 - "Interstate agency" defined.

"Interstate agency" means an agency of two or more states:
1. Established by or pursuant to an agreement or compact approved by the Congress of the United States; or
2. Having substantial powers or duties pertaining to the control of pollution of waters.
(Added to NRS by 1973, 1708)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.375 - "Municipality" defined.

"Municipality" means:
1. Any city, town, county, district, association or other public body created by or pursuant to the law of this State and having jurisdiction over disposal of sewage, industrial wastes or other wastes; or
2. An Indian tribe or an authorized Indian tribal organization.
(Added to NRS by 1973, 1708)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.380 - "Package plant for sewage treatment" defined.

1. "Package plant for sewage treatment" means any plant which:
(a) Consists of units or modules designed for construction, assembly, connection and installation at the site for treatment of sewage; and
(b) Is privately owned and will be operated to treat wastewater and sewage for a limited area.
2. The term does not include:
(a) A plant for the treatment of domestic sewage whose capacity is less than 5,000 gallons per day;
(b) Septic systems comprised of single or multiple septic tanks and leach fields; or
(c) Systems operated for the pretreatment of industrial wastewater before disposal to a publicly owned treatment plant.
(Added to NRS by 1979, 1912; A 1993, 909)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.395 - "Point source" defined.

"Point source" means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. The term does not include return flows from irrigated agriculture.
(Added to NRS by 1973, 1708; A 1979, 1027)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.400 - "Pollutant" defined.

"Pollutant":
1. Means dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
2. Does not mean water, gas or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well is used either for facilitating production or for disposal purposes and if the Department determines that such injection or disposal will not result in the degradation of ground or surface water resources.
3. Does not mean water, gas or other material injected into a well or used to stimulate a reservoir of geothermal resources if the Department determines that the injection or stimulation will not result in the degradation of ground or surface water resources.
(Added to NRS by 1973, 1708; A 1981, 660)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.410 - "Treatment works" defined.

"Treatment works" means:
1. Any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment, and their appurtenances;
2. Extensions, improvements, remodeling, additions, and alterations of any device or system mentioned in subsection 1;
3. Units essential to provide a reliable recycled supply such as stand-by treatment units and clear well facilities;
4. Any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; and
5. Any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste, including storm water runoff, industrial waste or waste in combined storm water and sanitary sewer systems.
(Added to NRS by 1973, 1709)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.415 - "Waters of the State" defined.

"Waters of the State" means all waters situated wholly or partly within or bordering upon this State, including but not limited to:
1. All streams, lakes, ponds, impounding reservoirs, marshes, water courses, waterways, wells, springs, irrigation systems and drainage systems; and
2. All bodies or accumulations of water, surface and underground, natural or artificial.
(Added to NRS by 1973, 1709)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.420 - "Water quality standard" defined.

"Water quality standard" means the degree of pollution of water or the physical, chemical or biological condition of water, as expressed numerically or descriptively, used for controlling the quality of water in each segment of a stream and each other body of surface water in this State.
(Added to NRS by 1973, 1709; A 1979, 1027)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.427 - Analysis to detect hazardous waste or regulated substance to be performed by certified laboratory; exception.

1. Except as otherwise provided in subsection 2, any analysis performed to detect the presence of hazardous waste or a regulated substance in soil or water as required for the purposes of NRS 445A.300 to 445A.730, inclusive, must be performed by a laboratory certified pursuant to the regulations adopted pursuant to NRS 445A.425.
2. The provisions of subsection 1 do not apply to an analysis of waste that is managed by a facility for the management of hazardous waste.
(Added to NRS by 2003, 2113)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.428 - Commission to provide standards for certification of laboratories for analysis of water; certified laboratory required to perform certain analyses; evaluation.

1. The Commission shall provide by regulation standards for the certification of laboratories for the analysis of water pursuant to NRS 445A.300 to 445A.730, inclusive. An analysis required pursuant to any provision of NRS 445A.300 to 445A.730, inclusive, must be performed by a certified laboratory.
2. The certifying officer shall conduct an evaluation at the site of each laboratory to determine whether the laboratory is using the methods of analysis required by this section in an acceptable manner, applying procedures required by regulation for the control of quality and making results available in a timely manner.
3. For analyses required pursuant to NRS 445A.300 to 445A.730, inclusive, the methods of analysis must comply with 40 C.F.R. Part 136.
4. A laboratory may be certified to perform analyses for the presence of one or more specified contaminants, or to perform all analyses required pursuant to NRS 445A.300 to 445A.730, inclusive.
(Added to NRS by 1995, 1584)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.430 - Fees: Establishment by Commission; disposition.

1. The Commission shall prescribe a schedule of reasonable fees for applications for permits under the provisions of NRS 445A.465 to 445A.510, inclusive, to defray the costs of processing applications for permits and administering the program for reviewing applications and granting permits.
2. The Commission may establish reasonable fees for the review of plans and specifications by the Director and for services provided by the Division.
3. Fees collected pursuant to this section must be deposited with the State Treasurer for credit to the appropriate account of the Division and must be used in the administration of the program for the control of water pollution provided for in NRS 445A.300 to 445A.730, inclusive.
(Added to NRS by 1989, 487)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.435 - Publication of notice of hearing on regulation which provides standard of water quality or discharge of waste.

If a regulation which is to be considered by the Commission provides a standard of water quality or waste discharge, notice of the hearing on the regulation must be published at least once in:
1. A newspaper of general circulation in the area to which the standard, if adopted, will apply; and
2. A digital format that is generally accessible in the area and to any affected communities to which the standard, if adopted, will apply. As used in this subsection, "digital format" includes, without limitation, an online newspaper or community forum.
(Added to NRS by 1973, 1710; A 1977, 69; 1981, 81; 2021, 3413)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.440 - Department designated as State Water Pollution Control Agency.

The Department is:
1. Designated as the State Water Pollution Control Agency for this State for all purposes of federal water pollution control legislation except that the Commission has the exclusive power to promulgate rules and regulations as provided in NRS 445A.425; and
2. Authorized to take all action necessary and appropriate to secure all the benefits of any federal legislation provided in subsection 1.
(Added to NRS by 1973, 1710)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.445 - Duties of Director.

The Director shall:
1. Administer and enforce the provisions of NRS 445A.300 to 445A.730, inclusive, all regulations adopted by the Commission, and all orders and permits issued by the Department;
2. Examine and approve or disapprove plans and specifications for the construction and operation of new treatment works and extensions, modifications of or additions to new or existing treatment works;
3. Develop comprehensive plans and programs for preventing, reducing or eliminating pollution and controlling injections through a well to prevent the degradation of existing or potential underground sources of drinking water, with due regard to the improvements which are necessary to conserve waters for the protection and propagation of fish and aquatic life, wildlife, recreational purposes, public water supply, agricultural, industrial and other purposes; and
4. Certify all costs and expenditures for any facility, land, building, machinery, equipment, treatment works or disposal systems which are acquired, constructed or installed in conformity with the purposes of NRS 445A.300 to 445A.730, inclusive.
(Added to NRS by 1973, 1710; A 1977, 1141; 1979, 1916; 1981, 81; 1985, 764)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.450 - Powers of Director.

The Director may:
1. Perform any acts consistent with the requirements of state and federal legislation concerning the control of the injection of fluids through a well and the control of water pollution and conditions thereof relating to participation in and administration by this State of the National Pollutant Discharge Elimination System;
2. Submit recommendations to the Commission for the adoption of regulations deemed necessary to control the infiltration of contaminants into underground water resulting from contaminated fluids or soils pursuant to NRS 445A.425;
3. Advise, consult and cooperate with other agencies of the State, the Federal Government, other states, interstate agencies, Indian tribes and with other persons in furthering the purposes of NRS 445A.300 to 445A.730, inclusive;
4. Take the steps necessary to qualify for, accept and administer loans and grants from the Federal Government and from other sources, public or private, for carrying out any functions under NRS 445A.300 to 445A.730, inclusive;
5. Award subgrants to eligible persons to assist the Director in carrying out any functions under NRS 445A.300 to 445A.730, inclusive;
6. Encourage, request, participate in or conduct studies, surveys, investigations, research, experiments, demonstrations and pilot programs by contract, grant or other means;
7. Maintain or require supervisors and operators of treatment plants which are privately owned or owned by a municipality or other public entity to maintain records and devices for continuing observation and establish or require these supervisors and operators to establish procedures for making inspections and obtaining samples necessary to prepare reports;
8. Collect and disseminate information to the public as the Director considers advisable and necessary for the discharge of his or her duties under NRS 445A.300 to 445A.730, inclusive;
9. Hold hearings and issue subpoenas requiring the attendance of witnesses and the production of evidence as the Director finds necessary to carry out the provisions of NRS 445A.300 to 445A.730, inclusive;
10. Exercise all incidental powers necessary to carry out the purposes of NRS 445A.300 to 445A.730, inclusive; and
11. Delegate to the Division any function or authority granted to the Director under NRS 445A.300 to 445A.730, inclusive.
(Added to NRS by 1985, 762; A 2009, 636; 2021, 3413)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.455 - Disqualification of Director; exception.

1. The Director shall not be a person who receives or has during the previous 2 years received a significant portion of his or her income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445A.300 to 445A.730, inclusive.
2. The disqualification provided in this section does not apply with respect to significant income received from any department or agency of state government which may be a holder of or an applicant for a permit required by NRS 445A.300 to 445A.730, inclusive.
(Added to NRS by 1973, 1711; A 1975, 1404)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.460 - Administrator: Qualifications; disqualification; exception.

1. The Administrator shall be selected with special reference to his or her training, experience, capacity and interest in the field of environmental protection and ability to administer and direct the work of a public agency.
2. The Administrator shall not be a person who receives or has received during the previous 2 years a significant portion of his or her income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445A.300 to 445A.730, inclusive. The disqualification provided in this subsection does not apply with respect to significant income received from any department or agency of state government which may be a holder of or an applicant for such a permit.
(Added to NRS by 1977, 1141)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.465 - Injection of fluids through well or discharge of pollutant without permit prohibited; regulations.

1. Except as authorized by a permit issued by the Department pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, and regulations adopted by the Commission, it is unlawful for any person to:
(a) Discharge from any point source any pollutant into any waters of the State or any treatment works.
(b) Inject fluids through a well into any waters of the State.
(c) Discharge from a point source a pollutant or inject fluids through a well that could be carried into the waters of the State by any means.
(d) Allow a pollutant discharged from a point source or fluids injected through a well to remain in a place where the pollutant or fluids could be carried into the waters of the State by any means.
2. The Commission shall adopt regulations which provide a simplified procedure for approval by the Department of permits that are required by subsection 1 for work related to clearing and maintaining the channel of a navigable river, including, without limitation, dredging or filling, bank stabilization or restoration, channel clearance, construction of irrigation diversions or the clearance of vegetation, debris or temporary obstructions. The regulations must include a limitation on the time allowed for the processing of an application for such a permit to not more than 60 days after receipt by the Department of a completed application and any required fees, unless the Administrator determines that it is in the public interest to hold a public hearing regarding the application and promptly notifies the applicant of that determination.
(Added to NRS by 1973, 1711; A 1985, 765; 1991, 857, 1742, 1743; 1997, 1262)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.470 - Restrictions on regulation concerning injection of fluid through well or permit issued for injections.

Any regulation concerning injections of fluids through a well or any permit issued for the purpose of such an injection may not interfere with or impede the injection of material into a well to facilitate production of oil or gas or an injection to dispose of brine, water or other fluids which were brought to the surface in connection with the production of oil or gas, if the well is used either for facilitating production or for disposal and if the Department determines that this injection or disposal will not result in the degradation of underground or surface water.
(Added to NRS by 1985, 763)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.475 - Permits: Issuance of general permits.

A general permit may be issued for a category of discharges or injections of fluids through a well which:
1. Corresponds with an existing geographical or political boundary;
2. Involves the same or similar types of discharge or injection;
3. Requires the same limitations or conditions in a permit;
4. Requires the same or similar monitoring; or
5. In the opinion of the Department, is more appropriately regulated by a general permit rather than an individual permit.
(Added to NRS by 1991, 1741)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.480 - Permits: Authority of Department to require individual permit.

1. The Department may require the holder of a general permit to apply for and obtain an individual permit.
2. An individual permit may be required by the Department in any of the following cases, without limitation:
(a) If the discharge or injection of fluids through a well is not in compliance with the conditions of the general permit.
(b) If a change in circumstances has occurred and the general permit is no longer applicable.
(c) If the Department determines that the discharge or injection of fluids is a significant or potentially significant contributor of pollutants. In making this determination, the Department may consider:
(1) The location of the discharge or injection;
(2) The size of the discharge or injection; and
(3) The quantity and nature of the pollutants discharged or injected.
(Added to NRS by 1991, 1741)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.490 - Permits: Issuance prohibited in certain cases.

No permit may be issued which authorizes any discharge or injection of fluids through a well into any waters of the State:
1. Of any radiological, chemical or biological warfare agent or high-level radioactive waste;
2. Which would substantially impair anchorage and navigation in any waters of the State;
3. Which would result in the degradation of existing or potential underground sources of drinking water;
4. Which is inconsistent with an applicable areawide plan for management of the treatment of waste; or
5. Which the Director determines is inconsistent with the regulations and guidelines adopted by the Commission pursuant to NRS 445A.300 to 445A.730, inclusive, including those relating to standards of water quality and injections of fluids through a well.
(Added to NRS by 1973, 1711; A 1985, 766)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.495 - Permits: Term; renewal.

The Department may issue permits for fixed terms not to exceed 5 years, but a permit to operate a package plant for sewage treatment must be reviewed annually by the Department. In compliance with the regulations adopted by the Commission, the Department may issue a new permit upon expiration of an existing permit if:
1. The holder of the permit is in full or substantial compliance with all the requirements and schedules of compliance of the expired permit;
2. The Department has current information on the nature and frequency of the discharge or injection of fluids through a well by a holder of a permit, either pursuant to the submission of new forms and applications or pursuant to continuing observation of records and reports submitted to the Department by the holder of the permit; and
3. The discharge or injection of fluids through a well is consistent with applicable effluent limitations, standards of water quality and other applicable requirements set forth in NRS 445A.300 to 445A.730, inclusive.
(Added to NRS by 1973, 1712; A 1979, 1917; 1985, 766)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.500 - Permits: Conditions; notice of application.

1. Each permit issued by the Department must ensure compliance with the following factors whenever applicable to the discharge or the injection of fluids through a well for which the permit is sought:
(a) Effluent limitations;
(b) Standards of performance for new sources;
(c) Standards for pretreatment;
(d) Standards for injections of fluids through a well; and
(e) Any more stringent limitations, including any necessary to meet or effectuate standards of water quality, standards of treatment or schedules of compliance developed by the Department as part of a continuing planning process or areawide plan for the management of the treatment of waste under NRS 445A.580 or in furthering the purposes and goals of NRS 445A.300 to 445A.730, inclusive.
2. Each permit must specify average and maximum daily or other appropriate quantitative limitations for the level of pollutants or contaminants in the authorized discharge or injection.
3. If an application is made to discharge from a point source into any waters of this State which flow directly or ultimately into an irrigation reservoir upstream from which are located urban areas in two or more counties and if each county has a population of 55,000 or more, the Department must give notice of the application to each city, county, unincorporated town and irrigation district located downstream from the point of discharge. Notice to an unincorporated town must be given to the town board or advisory council if there is one.
(Added to NRS by 1973, 1712; A 1981, 1581; 1985, 766; 1989, 1927; 2001, 1991; 2011, 1261)