reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Materials Recovery Facilities › Section 444.74771 - Closure of facility

Current through June 11, 2024
1. The owner or
				operator of a materials recovery facility shall notify the solid waste
				management authority in writing at least 90 days before the date the facility
				is expected to close. The facility may not accept any solid waste after the
				expected closing date.
2. The owner
				or operator shall, within 30 days after receiving the final shipment of solid
				waste, remove all remaining solid waste, litter, recovered materials and
				inoperable equipment in accordance with the plan for closure of the facility
				required by NAC 444.74747, except that all putrescible waste must be removed
				within 72 hours after receipt.
Added to NAC by
				  Environmental Comm'n by R173-99, eff. 2-9-2000
NRS
					 444.560
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Materials Recovery Facilities › Section 444.74775 - Surety bond or other financial assurance required to cover cost of closure

Current through June 11, 2024
1. The owner or operator of a materials
				recovery facility shall obtain a surety bond, or any other mechanism of
				financial assurance approved by the solid waste management authority, to cover
				the cost to close the facility, including the removal and proper disposal of
				the maximum inventory of waste and recovered materials for which the facility
				is designed. The owner or operator shall provide financial assurance for the
				closure of the facility until the facility is closed and the closure has been
				approved by the solid waste management authority.
2. The surety bond must be issued by a
				corporation licensed to do business in this State and include an indemnity
				agreement that guarantees payment to a trust fund or to the solid waste
				management authority.
3. If payment
				is guaranteed to a trust fund, the trustee of the trust fund must be an entity
				which is authorized to act as a trustee and whose trust operations are
				regulated and examined by a federal or state agency.
4. The owner or operator of the materials
				recovery facility or any other person who is authorized to conduct activities
				for the closure of the facility may request reimbursement from the trustee for
				any cost incurred to close the facility. The trustee may provide reimbursement
				for that cost only if there is sufficient money in the trust fund to pay the
				remaining costs to close the facility, and proof and justification of the cost
				is placed in the operating records of the facility. The owner or operator shall
				notify the solid waste management authority that the proof and justification
				for the reimbursement of the cost was placed in the operating records of the
				facility and that he or she has received the reimbursement.
5. The owner or operator of the facility
				shall review annually the estimate of the cost to close the facility upon which
				the bond or other mechanism of financial assurance is based and submit the
				estimate to the solid waste management authority for its review and
				approval.
Added to NAC by
				  Environmental Comm'n by R173-99, eff. 2-9-2000
NRS
					 444.560
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Materials Recovery Facilities › Section 444.74779 - Compliance with plans for design and operation; suspension or revocation of approval to operate

Current through June 11, 2024
1. A materials
				recovery facility must comply with the plans for the design and operation of
				the facility approved by the solid waste management authority. A materials
				recovery facility must not:
(a) Contribute to
				the pollution of the air or waters of the State;
(b) Cause an impairment of the
				environment;
(c) Cause a health or
				safety hazard to employees of the facility or the general public; or
(d) Cause a public nuisance.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Appeals and Requests for Variance › Section 444.748 - Petition for variance; appeals

Current through June 11, 2024
1. Any person who
				believes that an alternative to any standard specified in NAC 444.570 to
				444.7499, inclusive, will comply with the intent of the specified standard and
				will protect public health and the environment, may petition the State
				Environmental Commission for a variance in accordance with its procedural
				rules. A variance may not be granted if it is inconsistent with the federal
				criteria for landfills set forth in 40 C.F.R. Part 258, as that part existed on
				November 8, 1993.
2. Any person who
				wishes to appeal from a decision or action of the Division may do so. Such an
				appeal must be made in writing in accordance with the State Environmental
				Commission's procedural rules.
Environmental Comm'n,
				  Solid Waste Mgt Reg. §§ 6.1 & 6.2, eff. 9-21-77-NAC A 11-8-93;
				  3-1-94; R123-11, 5-30-2012
NRS
					 444.558,
					 444.560,
					 444.590
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Groundwater Monitoring and Corrective Action › Section 444.7481 - Suspension and continuation of monitoring requirements

Current through June 11, 2024
1. The requirements for monitoring
				groundwater set forth in NAC 444.7483 to 444.7492, inclusive, may be suspended
				by a solid waste management authority for a municipal solid waste landfill unit
				if the owner or operator can demonstrate that there is no potential for
				migration of hazardous constituents from that unit to the uppermost aquifer
				during the active life of the unit, including the period of closure and
				postclosure. The demonstration must be certified by a qualified groundwater
				scientist and approved by the solid waste management authority. The
				demonstration must be based upon:
(a)
				Measurements collected at specific field sites and the sampling and analysis of
				physical, chemical and biological processes affecting the fate and
				transportation of contaminants; and
(b) Predictions of the fate and
				transportation of contaminants which are based on the maximum possible rate of
				the migration of the contaminants and a consideration of the impacts on public
				health and safety and the environment.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Groundwater Monitoring and Corrective Action › Section 444.7482 - Alternative schedule for complying with monitoring requirements

Current through June 11, 2024
1. A solid waste management authority may
				establish an alternative schedule for the owners or operators of existing
				municipal solid waste landfill units or lateral expansions within the area of
				its jurisdiction to comply with NAC 444.7483 to 444.7499, inclusive. The
				schedule must ensure that at least 50 percent of all existing municipal solid
				waste landfill units within the area of its jurisdiction are in compliance by
				October 9, 1994, and all existing municipal solid waste landfill units within
				the area of its jurisdiction are in compliance by October 9, 1996. In
				establishing the schedule for compliance, the solid waste management authority
				shall consider potential risks posed by the units or lateral expansions to
				public health and safety and the environment, including the:
(a) Proximity of persons and environmental
				conditions that may be affected by those risks;
(b) Design of the municipal solid waste
				landfill unit;
(c) Age of the
				municipal solid waste landfill unit;
(d) Size of the municipal solid waste
				landfill unit;
(e) Types and
				quantities of wastes disposed of at the unit, including sewage sludge;
				and
(f) Resource value of the
				underlying aquifer, including:
(1) Its current
				and future uses;
(2) Its proximity
				and rate of withdrawal of users; and
(3) The quality and quantity of
				groundwater.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Groundwater Monitoring and Corrective Action › Section 444.7483 - Requirements concerning system for monitoring groundwater

Current through June 11, 2024
1. The owner or operator of a municipal solid
				waste landfill unit shall install a system for monitoring groundwater which
				consists of a sufficient number of wells, installed at appropriate locations
				and depths, to yield samples of groundwater from the uppermost aquifer which:
(a) Represent the quality of background
				groundwater which has not been affected by leakage from the unit. A
				determination of background quality may include the sampling of wells that are
				not hydraulically upgradient of the waste management area if:
(1) Hydrogeologic conditions do not allow the
				owner or operator to determine which wells are hydraulically upgradient;
				or
(2) Sampling at other wells will
				provide an indication of the quality of the background groundwater which is as
				representative or more representative than that provided by the upgradient
				wells.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Groundwater Monitoring and Corrective Action › Section 444.7484 - Program for sampling and analysis

Current through June 11, 2024
1. The owner or
				operator shall notify the solid waste management authority that the
				documentation of the program for sampling and analysis has been placed in the
				records of the disposal site.
2. A
				system for monitoring groundwater must include:
(a) Consistent sampling and analytical
				procedures designed to ensure monitoring results which provide an accurate
				representation of the quality of the background and downgradient groundwater at
				the monitoring wells installed in compliance with NAC 444.7483.
(b) Procedures and techniques for:
(1) The collection, preservation and shipment
				of samples;
(2) Analyzing
				samples;
(3) The control of the
				chain of custody; and
(4) Quality
				assurance and quality control.
(c) Methods for sampling and analysis which
				are appropriate for sampling groundwater and which accurately measure hazardous
				constituents and other monitoring parameters in samples of groundwater. Samples
				of groundwater must not be filtered in the field before they are analyzed in
				the laboratory.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Groundwater Monitoring and Corrective Action › Section 444.7485 - Statistical methods for evaluating data; performance standards

Current through June 11, 2024
1. An owner or operator shall specify in the
				records for the disposal site one of the following statistical methods to be
				used in evaluating data from monitoring groundwater for each hazardous
				constituent:
(a) A parametric analysis of
				variance followed by procedures for multiple comparisons to identify
				statistically significant evidence of contamination. This method must include
				an estimation and testing of the contrasts between the mean for each compliance
				well and the background mean levels for each constituent.
(b) An analysis of variance based on ranks
				followed by procedures for multiple comparisons to identify statistically
				significant evidence of contamination. This method must include an estimation
				and testing of the contrasts between the median for each compliance well and
				the background median levels for each constituent.
(c) A procedure using tolerance or
				predictional intervals whereby an interval for each constituent is established
				from the distribution of the background data and the level of each constituent
				in each compliance well is compared to the upper tolerance or prediction
				limit.
(d) A procedure using a
				control chart which gives limits of control for each constituent.
(e) Any other statistical method which meets
				the performance standards set forth in subsection 3. The owner or operator
				shall place a written justification for using the statistical method in the
				operating records for the disposal site and notify the solid waste management
				authority of the use of this alternative method. The justification must
				demonstrate that the alternative method meets the performance standards set
				forth in subsection 3.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Groundwater Monitoring and Corrective Action › Section 444.7486 - Determination of statistically significant increase over background values

Current through June 11, 2024
1. Within 14 days after completing sampling
				and analysis, the owner or operator shall determine whether there is a
				statistically significant increase over background values for each parameter or
				constituent at each monitoring well required in the system for monitoring
				groundwater which applies to the municipal solid waste landfill unit, as
				determined pursuant to NAC 444.7487 or 444.749.
2. In determining whether a statistically
				significant increase has occurred, the owner or operator shall compare the
				quality of the groundwater of each parameter or constituent at each monitoring
				well designated pursuant to NAC 444.7483 to the background value of that
				constituent, according to the statistical procedures and performance standards
				set forth in NAC 444.7485.
Added to NAC by
				  Environmental Comm'n, eff. 11-8-93
NRS
					 444.560
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Groundwater Monitoring and Corrective Action › Section 444.7487 - Constituents required to be monitored; establishment of list of alternative parameters for inorganic materials

Current through June 11, 2024
1. An owner or
				operator shall monitor constituents at all wells monitoring groundwater
				pursuant to NAC 444.7483. At a minimum, the constituents listed in Appendix I
				must be monitored.
2. The solid
				waste management authority may delete any of the parameters for monitoring
				constituents listed in Appendix I for a municipal solid waste landfill unit if
				it is shown that the deleted constituents are not reasonably expected to be
				contained in or derived from the waste contained in the unit.
3. The solid waste management authority may
				establish a list of alternative parameters for inorganic materials for a
				municipal solid waste landfill unit, in lieu of any of the following:
(a) Antimony;
(b) Arsenic;
(c) Barium;
(d) Beryllium;
(e) Cadmium;
(f) Chromium;
(g) Cobalt;
(h) Copper;
(i) Lead;
(j) Nickel;
(k) Selenium;
(l) Silver;
(m) Thallium;
(n) Vanadium; and
(o) Zinc,
if the alternative parameters provide a reliable indication
				  of releases of inorganic materials from the municipal solid waste landfill unit
				  into the groundwater.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Groundwater Monitoring and Corrective Action › Section 444.7488 - Program for detection monitoring

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, all constituents listed in Appendix I or in
				the list of alternative parameters established pursuant to NAC 444.7487 must be
				monitored at least semiannually during the active life of a municipal solid
				waste landfill unit, including the period of closure and postclosure. At least
				four independent samples from each background and downgradient well must be
				collected and analyzed for the constituents during the first semiannual
				sampling. At least one sample from each background and downgradient well must
				be collected and analyzed during subsequent semiannual sampling.
2. The solid waste management authority may
				specify an appropriate alternative schedule for monitoring constituents listed
				in Appendix I or the list of alternative parameters. The alternative schedule
				may require monitoring not less than annually. The alternative schedule must be
				based on the:
(a) Lithology of the aquifer and
				unsaturated zone;
(b) Hydraulic
				conductivity of the aquifer and unsaturated zone;
(c) Rate of flow of groundwater;
(d) Minimum distance between the upgradient
				edge of the municipal solid waste landfill unit and downgradient monitoring
				well screen; and
(e) Resource value
				of the aquifer.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Groundwater Monitoring and Corrective Action › Section 444.7489 - Procedures upon determination of statistically significant increase of Appendix I constituents or alternative parameters

Current through June 11, 2024
1. If
				an owner or operator determines, pursuant to NAC 444.7485, that there is a
				statistically significant increase over background for one or more of the
				constituents listed in Appendix I or the list of alternative parameters
				established pursuant to NAC 444.7487, at any monitoring well at the boundary
				specified by NAC 444.7483, the owner or operator shall:
(a) Within 14 days after making this
				determination, place a notice in the records of the disposal site indicating
				which constituents have shown statistically significant increases and notify
				the solid waste management authority that this notice was placed in the
				operating records; and
(b) Except
				as otherwise provided in subsection 2, establish a program for assessment
				monitoring pursuant to NAC 444.749 and 444.7491 within 90 days after making the
				determination.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Groundwater Monitoring and Corrective Action › Section 444.749 - Program for assessment monitoring

Current through June 11, 2024
1. If a
				statistically significant increase over background has been detected for one or
				more of the constituents listed in Appendix I or the list of alternative
				parameters established pursuant to NAC 444.7487, an owner or operator shall
				establish a program for assessment monitoring.
2. Except as otherwise provided in subsection
				3, within 90 days after initiating a program for assessment monitoring, and
				annually thereafter, the owner or operator shall sample and analyze the
				groundwater for all constituents identified in Appendix II. At least one sample
				from each downgradient well must be collected and analyzed during each
				sampling. For any constituent detected in the downgradient wells as a result of
				this analysis, at least four independent samples from each background and
				downgradient well must be collected and analyzed to establish background for
				the constituents. The solid waste management authority may specify an
				appropriate subset of wells to be sampled and analyzed for constituents listed
				in Appendix II during assessment monitoring. The solid waste management
				authority may delete any of the parameters for monitoring constituents listed
				in Appendix II for a municipal solid waste landfill unit if it is shown that
				the deleted constituents are not reasonably expected to be in or derived from
				the waste contained in the unit.
3.
				The solid waste management authority may specify an appropriate alternative
				schedule for monitoring all constituents listed in Appendix II. The alternative
				schedule must be based on the:
(a) Lithology
				of the aquifer and unsaturated zone;
(b) Hydraulic conductivity of the aquifer and
				unsaturated zone;
(c) Rate of flow
				of groundwater;
(d) Minimum
				distance between the upgradient edge of the municipal solid waste landfill unit
				and downgradient monitoring well screen;
(e) Resource value of the aquifer;
				and
(f) Nature, fate and
				transportation of any constituents detected in accordance with this
				section.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Groundwater Monitoring and Corrective Action › Section 444.7491 - Procedures upon determination of concentrations of Appendix II constituents

Current through June 11, 2024
1. If the
				concentrations of all constituents listed in Appendix II are shown to be at or
				below background values, using the statistical procedures set forth in NAC
				444.7485, for two consecutive samplings, the owner or operator shall notify the
				solid waste management authority of this finding and may return to the
				monitoring procedures set forth in NAC 444.7488.
2. If the concentrations of any constituents
				listed in Appendix II are above background values, but all concentrations are
				below the standard for the protection of groundwater established pursuant to
				NAC 444.7492, using the statistical procedures in NAC 444.7485, the owner or
				operator shall continue monitoring in accordance with this section.
3. Except as otherwise provided in subsection
				4, if one or more constituents listed in Appendix II are detected at
				statistically significant levels above the standard for the protection of
				groundwater in any sampling, the owner or operator shall:
(a) Within 14 days of this finding, place a
				notice in the operating records for the disposal site identifying the
				constituents which have exceeded the standard and notify the solid waste
				management authority and all appropriate local government officials that the
				notice has been placed in the operating records;
(b) Characterize the nature and extent of the
				release by installing additional monitoring wells as necessary;
(c) Install at least one additional
				monitoring well at the boundary of the municipal solid waste landfill unit in
				the direction of the migration of the contaminant and sample this well in
				accordance with NAC 444.749;
(d)
				Notify all persons who own or reside on the land which directly overlies any
				part of the plume of contamination if contaminants have migrated off the site
				as indicated by the sampling of wells in accordance with this section;
				and
(e) Initiate an assessment of
				corrective measures pursuant to NAC 444.7493.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Groundwater Monitoring and Corrective Action › Section 444.7492 - Establishment of standard for protection of groundwater

Current through June 11, 2024
1. The Administrator shall establish a
				standard for the protection of groundwater for each constituent listed in
				Appendix II detected in the groundwater as follows:
(a) For a constituent for which a maximum
				contaminant level has been set forth pursuant to the Safe Drinking Water Act,
				42 U.S.C.
				§§
											300 f et seq., and 40 C.F.R.
				Part 141, as those sections existed on November 8, 1993, the maximum
				contaminant level for that constituent.
(b) For a constituent for which a maximum
				contaminant level has not been adopted, a level equal to:
(1) The background concentration of the
				constituent; or
(2) An appropriate
				level that is based on the protection of public health and safety and complies
				with the following requirements:
(I) The level
				must be established in compliance with state and federal guidelines for
				assessing the health risks of environmental pollutants;
(II) The level must be based on scientific
				studies conducted in accordance with the Toxic Substances Control Act Good
				Laboratory Practice Standards, 40 C.F.R. Part 792, as those standards exist on
				March 1, 1994, or equivalent studies;
(III) For carcinogens, the level must
				represent a concentration of the constituent that is associated with an excess
				risk of cancer caused by a continuous lifetime exposure which is within a range
				of 1 X 10-4 to 1 X 10-6,
				inclusive; and
(IV) For systemic
				toxicants, the level must represent a concentration to which a human being
				could be exposed on a daily basis without an appreciable risk of deleterious
				effects during the course of his or her lifetime. As used in this
				sub-subparagraph, "systemic toxicant" includes toxic chemicals that cause
				deleterious effects other than cancer or a mutation.
(c) For a constituent for which
				the background level is higher than the maximum contaminant level set forth in
				paragraph (a), the background concentration of the constituent.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Groundwater Monitoring and Corrective Action › Section 444.7493 - Assessment of corrective measures upon determination that level of any Appendix II constituent exceeds standard for protection of groundwater; public notice and comment

Current through June 11, 2024
1. Within 90 days
				after finding that any of the constituents listed in Appendix II have been
				detected at a statistically significant level exceeding the standards for the
				protection of groundwater established pursuant to NAC 444.7492, the owner or
				operator shall initiate an assessment of corrective measures. Such an
				assessment must be completed within a reasonable period specified by the solid
				waste management authority and submitted for review and approval by the solid
				waste management authority.
2. The
				owner or operator shall continue monitoring in accordance with NAC 444.749 and
				444.7491 until the solid waste management authority approves the assessment of
				corrective measures.
3. The
				assessment must include an analysis of the effectiveness of potential
				corrective measures in meeting all of the requirements and objectives of the
				remedy in accordance with NAC 444.7494, 444.7495 and 444.7496, including, but
				not limited to:
(a) The performance,
				reliability, ease of implementation and potential impacts of appropriate
				potential remedies, including safety impacts, cross-media impacts and the
				control of exposure to any residual contamination;
(b) The time required to begin and complete
				the remedy;
(c) The costs of
				carrying out the remedy; and
(d)
				Any state or local statutory or regulatory requirements or other environmental
				or public health and safety requirements which may substantially affect the
				implementation of the remedy.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Groundwater Monitoring and Corrective Action › Section 444.7494 - Selection and approval of remedy by solid waste management authority

Current through June 11, 2024
1. Based on the results of the assessment of
				corrective measures conducted pursuant to NAC 444.7493 and the public comments
				received, if any, the solid waste management authority may approve a remedy
				which:
(a) Is protective of public health and
				safety and the environment;
(b)
				Complies with the standard for the protection of groundwater established
				pursuant to NAC 444.7492;
(c)
				Controls the sources of releases so as to reduce or eliminate, to the maximum
				extent practicable, further releases of constituents listed in Appendix II
				which may pose a threat to the public health and safety or the environment;
				and
(d) Complies with standards for
				the management of wastes as specified in subsection 3 of NAC
				444.7498.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Groundwater Monitoring and Corrective Action › Section 444.7495 - Schedule for initiation and completion of remedial activities

Current through June 11, 2024
An owner or operator shall submit to the solid waste
				  management authority a schedule for initiating and completing remedial
				  activities. The schedule must require the initiation of remedial activities
				  within a reasonable period and must be approved by the solid waste management
				  authority. In proposing the schedule, the owner or operator shall
				  consider:
1. The extent and nature of
				contamination;
2. The practical
				capabilities of remedial technologies in achieving compliance with standards
				for the protection of groundwater established pursuant to NAC 444.7492 and
				other objectives of the remedy;
3.
				The availability of systems for the treatment or disposal of wastes managed
				during the implementation of the remedy;
4. The desirability of utilizing technologies
				which are experimental or not widely available, but which may offer significant
				advantages over readily available technologies in terms of effectiveness,
				reliability, safety or ability to achieve remedial objectives;
5. The potential risks to public health and
				safety and the environment from exposure to contamination before the completion
				of the remedy;
6. The resource
				value of the aquifer, including:
(a) The
				current and future uses;
(b) The
				proximity and rate of withdrawal of users;
(c) The quantity and quality of
				groundwater;
(d) The potential
				damage to wildlife, crops, vegetation and physical structures caused by
				exposure to a constituent;
(e) The
				hydrogeologic characteristics of the disposal site and surrounding
				land;
(f) The cost of removing and
				treating groundwater; and
(g) The
				cost and availability of alternative water supplies;
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Groundwater Monitoring and Corrective Action › Section 444.7496 - Exemptions from requirement of remediation

Current through June 11, 2024
1. The
				solid waste management authority and the Administrator may jointly determine
				that remediation of a release of a constituent listed in Appendix II from a
				municipal solid waste landfill unit is not necessary if the owner or operator
				demonstrates to the solid waste management authority and the Administrator
				that:
(a) The groundwater is additionally
				contaminated by substances that have originated from a source other than a
				municipal solid waste landfill unit and those substances are present in such
				concentrations that the clean up of the release from the municipal solid waste
				landfill unit would provide no significant reduction in risk to persons or
				environmental conditions that are or may be affected by the release;
(b) The constituents are present in
				groundwater which:
(1) Is not currently or
				reasonably expected to be a source of drinking water; and
(2) Is not hydraulically connected with
				waters to which the constituents are migrating or are likely to migrate in
				concentrations which would exceed the standards for the protection of
				groundwater established pursuant to NAC 444.7492;
(c) Remediation of the releases is
				technically impracticable; or
(d)
				Remediation would result in unacceptable cross-media impacts.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Groundwater Monitoring and Corrective Action › Section 444.7497 - Program for monitoring corrective action; performance of remedial activities; interim measures to protect public

Current through June 11, 2024
Based on the schedule established pursuant to NAC 444.7495
				  for the initiation and completion of remedial activities, the owner or operator
				  shall:
1. Establish and carry out a
				program for monitoring the corrective action for the groundwater which:
(a) At a minimum, meets the requirements for
				monitoring set forth in NAC 444.749 and 444.7491;
(b) Indicates the effectiveness of the
				remedy; and
(c) Demonstrates
				compliance with the standard for the protection of groundwater in accordance
				with paragraph (b) of subsection 1 of NAC 444.7499;
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Groundwater Monitoring and Corrective Action › Section 444.7498 - Ineffectiveness of selected remedy; impracticability of currently available methods of remediation

Current through June 11, 2024
1. The solid waste
				management authority may determine, based on information developed after the
				initiation of a remedy or any other information, that compliance with the
				requirements of NAC 444.7494 is not being achieved by the remedy selected. If
				the solid waste management authority makes such a determination, the owner or
				operator shall carry out any other method or technique which could practicably
				comply with the requirements, unless the solid waste management authority
				determines pursuant to subsection 2 that compliance cannot be practicably
				achieved.
2. If the solid waste
				management authority and the Administrator determine that compliance with the
				requirements of NAC 444.7494 cannot be practically achieved with any currently
				available methods, the owner or operator shall:
(a) Obtain certification from a qualified
				groundwater scientist and the approval of the solid waste management authority
				and Administrator that compliance with NAC 444.7494 cannot be practically
				achieved with any currently available methods;
(b) Carry out alternative measures to control
				exposure of persons or the environment to residual contamination, as necessary
				to protect public health and safety and the environment;
(c) Carry out alternate measures for the
				control of the sources of contamination, or for the removal or decontamination
				of equipment, units, devices or structures which are:
(1) Technically practicable; and
(2) Consistent with the overall objective of
				the remedy; and
(d)
				Obtain the approval of the solid waste management authority and the
				Administrator for the alternative measures before carrying out those
				measures.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Groundwater Monitoring and Corrective Action › Section 444.7499 - Remedy deemed complete; certification of completion

Current through June 11, 2024
1. A
				remedy selected pursuant to NAC 444.7494, 444.7495 and 444.7496 shall be deemed
				to be complete when each of the following occurs:
(a) The owner or operator complies with the
				standards for the protection of groundwater established pursuant to NAC
				444.7492 at all points within the plume of contamination which lie beyond the
				system of wells for monitoring the groundwater established pursuant to NAC
				444.7483.
(b) The owner or operator
				demonstrates that concentrations of constituents listed in Appendix II have not
				exceeded the standards for the protection of groundwater for a period of 3
				consecutive years using the statistical procedures and performance standards
				set forth in NAC 444.7485. The solid waste management authority and
				Administrator may specify an alternative length of time during which the owner
				or operator may demonstrate that concentrations of constituents listed in
				Appendix II have not exceeded the standards for the protection of groundwater,
				taking into consideration the:
(1) Extent and
				concentration of the release;
(2)
				Behavioral characteristics of the constituents in the groundwater;
(3) Accuracy of monitoring or modeling
				techniques, including any seasonal, meteorological or other environmental
				variables which may affect the accuracy of those techniques; and
(4) Characteristics of the
				groundwater.
(c) All
				actions required to complete the remedy have been taken.
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.750 - Definitions

Current through June 11, 2024
As used in NAC 444.750 to 444.8396, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 444.7502 to
				  444.7772, inclusive, have the meanings ascribed to them in those
				  sections.
Supplied in
				  codification; A by Bd. of Health by R129-98, eff. 3-25-99; R100-07,
				  10-31-2007
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.7502 - "Absorption trench" defined

Current through June 11, 2024
"Absorption trench" means a trench that is excavated into and
				  uses the native soil for the subsequent absorption and treatment of effluent
				  from a primary treatment unit.
Added to NAC by Bd. of
				  Health by R129-98, eff. 3-25-99
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.7503 - "Accessory structure" defined

Current through June 11, 2024
"Accessory structure" means a building or structure,
				  including, without limitation, a workshop, a home office, guest quarters, a
				  pool house and a garage, that:
1. Is
				separate from a single-family dwelling; and
2. Does not include both a bathroom unit and
				a kitchen unit.
Added to NAC by Bd. of
				  Health by R100-07, eff. 10-31-2007
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.7504 - "Administrative authority" defined

Current through June 11, 2024
"Administrative authority" means the official who, or the
				  board, department or agency which, is established and authorized by this State,
				  or by a county, city or other political subdivision of this State, to
				  administer and enforce regulations governing individual sewage disposal
				  systems.
Added to NAC by Bd. of
				  Health by R129-98, eff. 3-25-99
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.7506 - "Aerobic wastewater treatment unit" defined

Current through June 11, 2024
"Aerobic wastewater treatment unit" means a chamber that
				  receives sewage and, through oxidation, decomposes the sewage by the
				  introduction of air into the wastewater to reduce both the level of total
				  suspended solids and the level of biological oxygen demand to 30 milligrams or
				  less per liter.
Added to NAC by Bd. of
				  Health by R129-98, eff. 3-25-99
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.7508 - "Aggregate" defined

Current through June 11, 2024
"Aggregate" means gravel, rock, drain rock or any similar
				  medium used for absorption.
Added to NAC by Bd. of
				  Health by R129-98, eff. 3-25-99
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.751 - "Alternative absorption system" defined

Current through June 11, 2024
"Alternative absorption system" means a system, other than an
				  absorption trench, that uses the native soil for the subsequent absorption and
				  treatment of effluent from a primary treatment unit. The term includes, without
				  limitation, a capping fill trench, stepped network of trenches utilizing relief
				  lines, leaching bed, sand filter and elevated mound system.
Added to NAC by Bd. of
				  Health by R129-98, eff. 3-25-99
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.7512 - "Alternative treatment system" defined

Current through June 11, 2024
"Alternative treatment system" means a system, or a
				  receptacle other than a septic tank, that is designed and constructed
				  to:
1. Receive the discharge of sewage
				from a building sewer;
2. Partially
				or completely treat such sewage; and
3. Discharge effluent for final
				disposal.
Added to NAC by Bd. of
				  Health by R129-98, eff. 3-25-99
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.7514 - "Approved method of sewage disposal" defined

Current through June 11, 2024
"Approved method of sewage disposal" means a method of sewage
				  treatment and disposal that has been approved by the administrative
				  authority.
Added to NAC by Bd. of
				  Health by R129-98, eff. 3-25-99
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.7516 - "Approved service provider" defined

Current through June 11, 2024
"Approved service provider" means a person approved by the
				  administrative authority to provide maintenance on an alternative treatment
				  system.
Added to NAC by Bd. of
				  Health by R100-07, eff. 10-31-2007
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.7522 - "Backflow" defined

Current through June 11, 2024
"Backflow" means the flow of liquid mixtures or substances
				  into the distributing pipe of potable water from any source other than the
				  intended source of the potable water.
Added to NAC by Bd. of
				  Health by R129-98, eff. 3-25-99
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.7524 - "Basal area" defined

Current through June 11, 2024
"Basal area" means the area of natural ground that is covered
				  by the fill material of a mound system.
Added to NAC by Bd. of
				  Health by R129-98, eff. 3-25-99
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.7525 - "Bathroom unit" defined

Current through June 11, 2024
"Bathroom unit" means an area of a single-family dwelling or
				  accessory structure which includes a toilet, a sink, and a bathtub or
				  shower.
Added to NAC by Bd. of
				  Health by R100-07, eff. 10-31-2007
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.7528 - "Building drain" defined

Current through June 11, 2024
"Building drain" means the piping that conveys sewage within
				  a building or structure.
Added to NAC by Bd. of
				  Health by R129-98, eff. 3-25-99
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.753 - "Building sewer" defined

Current through June 11, 2024
"Building sewer" means the piping that extends from the end
				  of the building drain and conveys sewage to a public sewer, private sewer,
				  individual sewage disposal system or other point of disposal.
Added to NAC by Bd. of
				  Health by R129-98, eff. 3-25-99
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.7536 - "Capping fill trench" defined

Current through June 11, 2024
"Capping fill trench" means a standard drain field trench,
				  where the invert of the disposal drain pipe is at or slightly below the natural
				  grade of the existing soil, which is covered by a soil cap composed of selected
				  fill material and used to reduce the total trench depth.
Added to NAC by Bd. of
				  Health by R129-98, eff. 3-25-99
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.754 - "Cesspool" defined

Current through June 11, 2024
"Cesspool" means a covered excavation in the ground which
				  receives the discharge of domestic sewage or other organic wastes from a
				  drainage system which is designed to retain the organic matter and solids while
				  permitting the liquids to seep through the bottom and sides.
Bd. of Health, Indiv.
				  Sewage Disposal Systems Reg. § 1.2, eff. 11-23-72-NAC A by R129-98,
				  3-25-99
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.755 - "Commercial system" defined

Current through June 11, 2024
"Commercial system" means an individual sewage disposal
				  system that serves one or more buildings which are not used as single-family
				  dwellings. The term includes, without limitation, an individual sewage disposal
				  system serving offices, watchmen's quarters, bunkhouses, labor camps, parking
				  facilities for recreational vehicles, factories, multiple-dwelling structures,
				  hotels and shopping centers.
Added to NAC by Bd. of
				  Health by R129-98, eff. 3-25-99
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.758 - "Distribution box" defined

Current through June 11, 2024
"Distribution box" means a watertight structure which
				  receives sewage from a septic tank and distributes such sewage in equal
				  portions to two or more pipelines leading to the disposal area.
Bd. of Health, Indiv.
				  Sewage Disposal Systems Reg. § 1.3, eff.
				  11-23-72
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.759 - "Domestic sewage" defined

Current through June 11, 2024
"Domestic sewage" means liquid and water-borne waste that is
				  derived from the ordinary living process and is of such character as to permit
				  its satisfactory disposal into a public sewer without special treatment or into
				  a private sewage disposal system. The term does not include industrial
				  waste.
Added to NAC by Bd. of
				  Health by R129-98, eff. 3-25-99
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.760 - "Dosing tank" defined

Current through June 11, 2024
"Dosing tank" means a watertight receptacle located between a
				  septic tank and a disposal area equipped with an automatic siphon device or
				  pumps designed to discharge sewage intermittently in the distribution lines in
				  amounts proportioned to the capacity of such lines and to provide adequate rest
				  periods between such discharges.
Bd. of Health, Indiv.
				  Sewage Disposal Systems Reg. § 1.4, eff.
				  11-23-72
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.7603 - "Drainage channel" defined

Current through June 11, 2024
"Drainage channel" means a natural or artificially created
				  ditch that experiences intermittent water flow from storms or runoff from
				  melting snow.
Added to NAC by Bd. of
				  Health by R100-07, eff. 10-31-2007
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.7606 - "Effluent" defined

Current through June 11, 2024
"Effluent" means partially or completely treated sewage that
				  flows out of a septic tank or an alternative treatment system.
Added to NAC by Bd. of
				  Health by R129-98, eff. 3-25-99
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.7608 - "Elevated mound system" defined

Current through June 11, 2024
"Elevated mound system" means a soil absorption system that
				  is elevated above the natural soil surface with a suitable fill
				  material.
Added to NAC by Bd. of
				  Health by R129-98, eff. 3-25-99
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.761 - "Engineer" defined

Current through June 11, 2024
"Engineer" means a person who is licensed by the State Board
				  of Professional Engineers and Land Surveyors to practice professional
				  engineering.
Added to NAC by Bd. of
				  Health by R129-98, eff. 3-25-99
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.7616 - "Graywater" defined

Current through June 11, 2024
"Graywater" means untreated household wastewater that has not
				  come into contact with toilet waste. The term includes, without limitation,
				  used water from bathtubs, showers and bathroom washbasins, and water from
				  machines for washing clothes and laundry tubs, but does not include wastewater
				  from kitchen sinks or dishwashers.
Added to NAC by Bd. of
				  Health by R129-98, eff. 3-25-99
NRS
					 439.200,
					 444.650
Nevada Administrative Code › Chapter 444 - Sanitation › SEWAGE DISPOSAL › General Provisions › Section 444.762 - "Health authority" defined

Current through June 11, 2024
"Health authority" means the officers and agents of the
				  Health Division, or of the local boards of health.
Bd. of Health, Indiv.
				  Sewage Disposal Systems Reg. § 1.5, eff.
				  11-23-72
NRS
					 439.200,
					 444.650