reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.67634 - Construction contracts for public water system that is publicly owned: Compliance with certain requirements; resolution of disputes related to bidding

Current through June 11, 2024
If a public water system is publicly owned:
1. The recipient must comply with any
				applicable provisions of chapter 338 of NRS, chapter 338 of NAC and all
				applicable federal laws and regulations regarding the award and administration
				of contracts for water projects.
2.
				The recipient shall ensure compliance with all legal requirements for
				advertising for bids and awarding construction contracts.
3. The Division may review the awards to
				ensure that the recipient and its consultants and contractors have complied
				with any applicable federal and state laws.
4. The recipient is solely responsible for
				the resolution of any disputes relating to bidding. The Division shall not
				participate in the resolution of such a dispute.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98; A by Environmental Comm'n by R128-04,
				  2-14-2005
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.67635 - Compliance with federal and state law regarding labor and wages

Current through June 11, 2024
A recipient shall comply with the provisions of the
				  Davis-Bacon Act, 40 U.S.C. §§ 276 a et seq., if they apply, the
				  applicable provisions of chapter 338 of NRS and all other applicable state and
				  federal labor laws.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.67636 - Participation by disadvantaged businesses: Generally

Current through June 11, 2024
1. A
				recipient shall comply with any applicable equivalency requirement of federal
				law concerning the participation of disadvantaged businesses.
2. A recipient shall attempt to comply with
				the fair share percentages established annually for disadvantaged businesses by
				the Division and the EPA. A recipient not meeting these goals shall submit
				evidence of compliance with the affirmative steps identified in NAC
				445A.67637.
3. A recipient shall submit with his or her
				request for approval to award a construction contract, a report of
				participation by disadvantaged businesses in the form prescribed by the
				Division. If the low bidder on any construction contract does not meet the fair
				share requirements for disadvantaged businesses, the recipient shall submit to
				the Division evidence of compliance by the bidder with the affirmative steps
				identified in NAC
				445A.67637.
4. A recipient shall submit to the Division,
				in the form prescribed by the Division, a report of participation by
				disadvantaged businesses following any quarter during which a procurement equal
				to the value that is required by federal requirements is executed for the water
				project. As used in this subsection, "quarter" means a quarter in the federal
				fiscal year.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98; A by
				  R109-22A,
				  eff. 12/29/2022
NRS 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.67637 - Participation by disadvantaged businesses: Awarding of subcontracts

Current through June 11, 2024
A recipient shall ensure that, if his or her contractor for a
				  water project awards any subcontracts relating to the water project, the
				  contractor complies with any applicable equivalency requirement of federal law
				  and takes affirmative steps to ensure that disadvantaged businesses are used to
				  the extent possible as sources of supplies, equipment, construction and
				  services. These affirmative steps must include:
1. Including such businesses on solicitation
				lists;
2. Ensuring that such
				businesses are solicited if they are potential sources;
3. Dividing total requirements, if
				economically feasible, into small tasks or quantities to permit maximum
				participation by disadvantaged businesses;
4. Establishing a schedule for the delivery
				of a requirement, if the requirement permits, to allow maximum participation by
				disadvantaged businesses;
5. Using
				the list of vendors certified through the federal Disadvantaged Business
				Enterprise Program, as maintained by the United States Department of
				Transportation, or an equivalent list of such vendors; and
6. Ensuring that all subcontractors for the
				water project comply with the provisions of subsections 1 to 5,
				inclusive.
Added to
				  NAC by Bd. of Health by R067-98, eff. 7-23-98; A by Environmental Comm'n by
				  R128-04, 2-14-2005; A by
				  R099-14,
				  eff. 10/24/2014; A by
				  R109-22A,
				  eff. 12/29/2022
NRS 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.67638 - Notification of Division: Award of prime construction contract; steps in construction; beginning of operation of project

Current through June 11, 2024
1. A
				recipient shall notify the Division in writing within 5 working days after the
				award of the prime construction contract for the water project.
2. A recipient shall notify the Division
				promptly in writing of:
(a) The beginning of
				construction of the water project;
(b) Any substantial change in the scope of
				the water project and each executed change order;
(c) The date on which construction of the
				water project is anticipated to be completed;
(d) The cessation of all major construction
				work on the water project where the cessation of work is expected to or does
				continue for 30 days or more;
(e)
				Any circumstance or condition that is expected to or does delay the completion
				of construction for 90 days or more after the anticipated date of completion of
				construction of the water project;
(f) The completion of construction of the
				water project; and
(g) The
				beginning of the operation of the water project.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.67639 - Oversight inspections

Current through June 11, 2024
The Division may conduct oversight inspections during the
				  construction of a water project. to ascertain that the recipient is
				  constructing the project according to the approved plans and specifications and
				  applicable contract requirements.
Added to
				  NAC by Bd. of Health by R067-98, eff. 7-23-98; A by Environmental Comm'n by
				  R128-04, 2-14-2005; A by
				  R099-14,
				  eff. 10/24/2014
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.6764 - Submission to Division of manual of operations and maintenance for water project

Current through June 11, 2024
Not later than 90 days after a water project is completed,
				  the recipient shall submit to the Division a draft of the manual of operations
				  and maintenance for the water project required pursuant to NAC
				  445A.6667.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98; A by Environmental Comm'n by R128-04,
				  2-14-2005
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.67641 - Submission to Division of set of as-built drawings of water project

Current through June 11, 2024
No later than 90 days after the completion of a water
				  project, the recipient shall supply the Division with one set of drawings of
				  the water project as it was built.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.67642 - Final inspection and certification of performance of water project; corrective action

Current through June 11, 2024
1. After completion
				of the water project and before a recipient submits certification of a water
				project required pursuant to subsection 2, the recipient shall coordinate with
				the Division a final inspection of the water project to ensure that the
				facilities of the water project are operating and capable of satisfying the
				applicable requirements for public health and water quality.
2. Within a specified period agreed upon by
				the Division after the completion of a water project, the recipient shall
				certify to the Division that the water project meets all applicable performance
				standards. At the request of a recipient, the Division may assist the recipient
				in developing applicable performance standards.
3. If the recipient is not able to provide
				the certification required pursuant to subsection 2 because the water project
				does not meet applicable performance standards:
(a) The recipient shall prepare a report of
				corrective action that provides:
(1) An
				analysis of the cause of the failure of the water project to meet performance
				standards; and
(2) An estimate of
				the nature, scope and cost of necessary corrective action.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.67643 - Claims arising from or related to water project: Notification of Division; resolution

Current through June 11, 2024
A recipient:
1.
				Shall notify the Division of any claims against the owner, the professional
				engineer, the contractor or any subcontractor arising from or related to the
				water project; and
2. Is
				responsible for the resolution of those claims.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.67644 - Approval required to abandon, discontinue use of or dispose of water project

Current through June 11, 2024
1. A recipient
				shall not abandon, substantially discontinue the use of or dispose of a water
				project during its useful life without the prior written approval of the
				Division.
2. As used in this
				section, "useful life" means the period during which a water project provides a
				service without becoming obsolete or inoperable.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.685 - Definitions

Current through June 11, 2024
As used in NAC 445A.685 to 445A.805, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 445A.686 to
				  445A.727, inclusive, have the meanings ascribed to them in those
				  sections.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90; A by R115-10, 1-13-2011-Substituted in
				  revision for NAC 445.4205
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.686 - "Act" defined

Current through June 11, 2024
"Act" means the Clean Water Act,
				  33 U.S.C.
				  §§
										1251 et seq., as amended.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42051
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.687 - "Alternative" defined

Current through June 11, 2024
"Alternative," as used to describe a method of treating
				  wastewater, means any proven process or technique for the treatment of
				  wastewater which provides for the reclamation and reuse of water, recovers
				  energy, productively recycles the constituents of wastewater or otherwise
				  eliminates the discharge of pollutants. The term includes:
1. Land application of effluent and
				sludge.
2. Recharge of
				aquifers.
3. Aquaculture.
4. Direct reuse.
5. Horticulture.
6. Revegetation of disturbed land.
7. Containment ponds.
8. The composting and drying of sludge before
				land application.
9.
				Self-sustaining incineration.
10.
				Recovery of methane.
11. Individual
				and on-site systems.
12.
				Small-diameter pressure and vacuum sewers or small-diameter gravity sewers
				carrying partially or fully treated wastewater.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42052
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.688 - "Best practicable waste treatment technology" defined

Current through June 11, 2024
1. "Best practicable waste treatment
				technology" means the cost-effective technology that can treat wastewater,
				combined sewer overflows and nonexcessive infiltration and inflow, to meet the
				enforceable requirements of the Act, the requirements of a discharge permit
				issued by the Division or to protect the public health.
2. As used in this section:
(a) "Nonexcessive infiltration" means the
				quantity of infiltration that cannot be economically and effectively eliminated
				from a sewer system, as determined by a cost-effect analysis.
(b) "Nonexcessive inflow" means a rate of
				inflow that does not cause chronic operational problems, such as surcharging,
				backups, bypasses or overflows, related to hydraulic overloading of treatment
				works.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.689 - "Building" defined

Current through June 11, 2024
"Building" means the erection, acquisition, alteration,
				  remodeling, improvement or extension of any treatment works or project for the
				  control of pollution.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42054
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.690 - "Categorical exclusion" defined

Current through June 11, 2024
"Categorical exclusion" means an exemption from any
				  provisions of NAC 445A.685 to 445A.805, inclusive, that would otherwise apply,
				  granted to a category of actions that do not individually or cumulatively have
				  a significant effect on the human environment and for which no environmental
				  assessment or environmental impact statement is required.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42055
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.691 - "Combined sewer" defined

Current through June 11, 2024
"Combined sewer" means a sewer that is designed as a sanitary
				  sewer and a storm sewer.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42056
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.692 - "Completion" defined

Current through June 11, 2024
"Completion," as applied to a project, means the time when
				  all the requirements of the construction contract have been satisfied and final
				  payment, including retention, has been made.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42057
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.693 - "Construction" defined

Current through June 11, 2024
"Construction" means any erection, building, alteration,
				  remodeling, improvement or extension of treatment works or any combination of
				  these activities.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42058
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.694 - "Conventional" defined

Current through June 11, 2024
"Conventional," as used to describe a method of treating
				  wastewater, means a process or technique for the treatment of wastewater at a
				  centralized treatment plant by means of a biological, physical or chemical unit
				  process followed by direct point source discharge to surface waters.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42059
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.695 - "Department" defined

Current through June 11, 2024
"Department" means the State Department of Conservation and
				  Natural Resources.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.4206
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.696 - "Director" defined

Current through June 11, 2024
"Director" means the Director of the Department.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42061
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.697 - "Disadvantaged business" defined

Current through June 11, 2024
"Disadvantaged business" means a business owned or controlled
				  by women or members of a racial or ethnic minority group.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42062
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.698 - "Division" defined

Current through June 11, 2024
"Division" means the Division of Environmental Protection of
				  the Department.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42063
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.699 - "Enforceable requirements of the Act" defined

Current through June 11, 2024
1.
				Except as otherwise provided in this section, "enforceable requirements of the
				Act" means any condition or limitation of a permit issued pursuant to
				33 U.S.C. §
										1342 or
				33 U.S.C. §
										1344, the violation of which may result in
				the issuance of an order for compliance or the commencement of a civil or
				criminal action pursuant to
				33
				U.S.C. §
										1319 or any other applicable
				law.
2. If no permit of the kind
				described in subsection 1 has been issued, the term means any requirement
				which, in the judgment of the Division, is to be included in the permit when it
				is issued.
3. If there is no
				requirement for a permit, the term means any requirement that the Division
				determines is necessary for the best practicable waste treatment technology to
				meet applicable criteria.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42064
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.700 - "Environmental assessment" defined

Current through June 11, 2024
"Environmental assessment" means a concise document
				  that:
1. Provides sufficient evidence
				and analysis to determine whether an environmental impact statement or a
				finding of no significant impact is appropriate;
2. Aids compliance by an agency with the Act
				if no environmental impact statement is necessary; and
3. Facilitates preparation of an
				environmental impact statement if one is necessary.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42065
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.701 - "Environmental impact statement" defined

Current through June 11, 2024
"Environmental impact statement" means the statement required
				  by NAC 445A.754.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42066
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.702 - "Excessive infiltration or inflow" defined

Current through June 11, 2024
"Excessive infiltration or inflow" means the quantity of
				  infiltration or inflow that can be economically eliminated from a sewer system,
				  as determined by a cost-effect analysis comparing the cost of correcting the
				  conditions causing the infiltration or inflow to the total cost of transporting
				  and treating the infiltration or inflow.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42067
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.703 - "Facility plan" defined

Current through June 11, 2024
"Facility plan" means any necessary plan or study
				  that:
1. Investigates the need for any
				proposed facility; and
2. Relates
				directly to treatment works needed to comply with enforceable requirements of
				the Act or to any other project eligible to receive financial assistance from
				the fund.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42068
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.704 - "Finding of no significant impact" defined

Current through June 11, 2024
"Finding of no significant impact" means a document that
				  presents briefly the reasons why an action, not otherwise excluded, will not
				  have a significant effect on the human environment and for which an
				  environmental impact statement will therefore not be prepared. The term
				  includes an environmental assessment and any summary of such an
				  assessment.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42069
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.705 - "Fund" defined

Current through June 11, 2024
"Fund" means the revolving fund created pursuant to the Act
				  to provide loans and other forms of financial assistance for the construction
				  of wastewater treatment works or pollution control projects.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.4207
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.706 - "Infiltration" defined

Current through June 11, 2024
"Infiltration" means the entry of water, other than
				  wastewater, into a sewer system, including sewer service connections, from the
				  ground through such means as defective pipes, pipe joints, connections or
				  manholes.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42071
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.707 - "Inflow" defined

Current through June 11, 2024
"Inflow" means the entry of water, other than wastewater,
				  into a sewer system, including sewer service connections, from sources such as
				  roof leaders, cellar drains, springs and swampy areas, manhole covers,
				  cross-connections between storm sewers and sanitary sewers, catch basins,
				  cooling towers, storm waters, surface runoff, street wash waters or
				  drainage.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42072
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.708 - "Innovative" defined

Current through June 11, 2024
"Innovative," as used to describe a method of treating
				  wastewater, means a process or technique for the treatment of wastewater that
				  is developed but which has not been fully proven under the circumstances of its
				  contemplated use and which represents a significant advance over the state of
				  the art in terms of significant reduction in life cycle cost or significant
				  environmental benefits through:
1. The
				reclaiming and reuse of water or the elimination of the discharge of pollutants
				by other means;
2. The use of
				techniques for recycling, such as land treatment;
3. The more efficient use of energy and
				resources;
4. The use of new or
				improved methods of managing the treatment of waste for combined municipal and
				industrial systems; or
5. The
				confined disposal for pollutants to prevent water or other environmental
				pollution.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42073
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.709 - "Interceptor sewer" defined

Current through June 11, 2024
1. "Interceptor
				sewer" means a sewer designed to intercept wastewater from a final point in a
				collector sewer and to convey the wastewater directly to a treatment facility
				or another interceptor.
2. As used
				in this section, "collector sewer" means a sanitary sewer, within a publicly
				owned treatment system, that:
(a) Is located
				in the public right-of-way; and
(b)
				Collects wastewater discharged through building sewers and conducts it into
				larger interceptor sewers or to pumping or treatment works.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.710 - "Maintenance" defined

Current through June 11, 2024
"Maintenance" means the preservation of the functional
				  integrity and efficiency of the equipment and structures of treatment works.
				  The term includes preventive maintenance, corrective maintenance and
				  replacement of such equipment.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42075
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.711 - "Mitigation" defined

Current through June 11, 2024
"Mitigation" includes:
1. Avoiding an environmental impact by not
				taking a certain action or parts of an action.
2. Minimizing an environmental impact by
				limiting the degree or magnitude of the action and its
				implementation.
3. Rectifying an
				environmental impact by repairing, rehabilitating or restoring the part of the
				environment affected.
4. Reducing
				or eliminating an environmental impact over time by preservation and
				maintenance during the life of the action.
5. Compensating for an environmental impact
				by replacing or providing substitute resources or environments.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42076
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.712 - "Municipality" defined

Current through June 11, 2024
"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 authority over the disposal of sewage, industrial wastes or
				other wastes; or
2. Any Indian
				tribe or authorized Indian tribal organization.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42077
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.713 - "Nonpoint source" defined

Current through June 11, 2024
"Nonpoint source" means a source of waterborne sediments,
				  nutrients or organic and toxic substances originating from activities involving
				  the use of land, such as agriculture, mining, forestry, urban development or
				  construction. The term does not include a discharge at a specific, single
				  location such as a pipe.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42078
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.714 - "Operation" defined

Current through June 11, 2024
"Operation" means control of the unit processes and equipment
				  which comprise treatment works. The term includes financial management, the
				  management of personnel and records, laboratory control, process control,
				  safety and planning for emergency operations.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42079
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.715 - "Operation and maintenance" defined

Current through June 11, 2024
"Operation and maintenance" means those activities required
				  to ensure the dependable and economical functioning of treatment works.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.4208
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.716 - "Person" defined

Current through June 11, 2024
1. "Person" means
				the United States, to the extent authorized by federal law, any interstate
				agency, the State or any agency or institution thereof, or any municipality or
				other political subdivision of the State.
2. As used in this section, "interstate
				agency" means an agency of two or more states:
(a) Established by or pursuant to an
				agreement or compact approved by the Congress of the United States;
				or
(b) Having substantial powers or
				duties pertaining to the control of water pollution.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.717 - "Pollution" defined

Current through June 11, 2024
"Pollution" means the man-made or man-induced alteration of
				  the chemical, physical, biological and radiological integrity of water.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42082
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.718 - "Pollution control project" defined

Current through June 11, 2024
"Pollution control project" means any eligible component of a
				  program for management established pursuant to
				  33 U.S.C. §
										1329.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42083
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.719 - "Priority list" defined

Current through June 11, 2024
"Priority list" means the ordered listing, prepared annually,
				  of projects for which the Department expects to provide financial assistance
				  from the fund.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42084
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.720 - "Project" defined

Current through June 11, 2024
"Project" means the activities or tasks identified in an
				  agreement for financial assistance for which the recipient may expend, obligate
				  or commit money.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42085
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.721 - "Recipient" defined

Current through June 11, 2024
"Recipient" means an entity that receives financial
				  assistance from the fund.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42086
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.722 - "Replacement" defined

Current through June 11, 2024
"Replacement" means obtaining and installing equipment,
				  accessories or appurtenances necessary during the life of treatment works to
				  maintain the capacity and performance for which the works have been designed
				  and constructed. The term does not include major rehabilitation, repair or
				  replacement of any capital or fixed assets of treatment works.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42087
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.723 - "Sanitary sewer" defined

Current through June 11, 2024
"Sanitary sewer" means a conduit intended to carry liquid-
				  and water-carried wastes from a residence, commercial building, industrial
				  plant or institution together with small quantities of ground, storm or surface
				  waters that are not admitted intentionally.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42088
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.724 - "Storm sewer" defined

Current through June 11, 2024
"Storm sewer" means a sewer designed to carry only storm
				  waters, surface runoff, street wash waters or drainage.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42089
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.725 - "Treatment works" defined

Current through June 11, 2024
"Treatment works" means:
1. Any device or system used in the storage,
				treatment, recycling or reclamation of municipal sewage or industrial wastes of
				a liquid nature, including any interceptor sewer, outfall sewer, sewage
				collection system, pumping, power or other equipment, and the appurtenances of
				any of these.
2. Any extension,
				improvement, remodeling, addition or alteration of any device or system
				described in subsection 1.
3. Any
				unit essential to provide a reliable recycled supply, such as a stand-by
				treatment unit or clear well facility.
4. Any works, including any land that is an
				integral part of the treatment process or that is used for ultimate disposal of
				residues resulting from the treatment.
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.
6. Any pollution control project.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.4209
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.726 - "User charge" defined

Current through June 11, 2024
"User charge" means a charge levied in accordance with
				  33 U.S.C. §
										1284(b) on the users of a
				  treatment works, or that portion of the ad valorem taxes paid by a user for his
				  or her proportionate share of the cost of operation and maintenance, including
				  replacement, of the works.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42091
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.727 - "Wastewater" defined

Current through June 11, 2024
"Wastewater" means a combination of the liquid- and
				  water-carried wastes from a residence, commercial building, industrial plant or
				  institution and any groundwater, surface water or storm water that is present.
				  The term includes any pollution having a source that cannot be identified and
				  which may best be controlled by the implementation of a program for management
				  established pursuant to
				  33 U.S.C. §
										1329.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42092
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.728 - Purpose and use of revolving fund created pursuant to Clean Water Act

Current through June 11, 2024
1. The primary purpose of the fund is to
				provide financial assistance as described in this section, other than grants,
				to municipalities for the construction of publicly owned wastewater treatment
				works and for the implementation of programs for the management of nonpoint
				sources of water pollution.
2. The
				fund may be used to:
(a) Provide a loan at or
				below the market rate of interest;
(b) Guarantee a municipal obligation or
				purchase insurance for such an obligation if required to improve access to
				credit or reduce the rate of interest paid by the municipality; or
(c) Refinance a municipal obligation for an
				eligible wastewater facility at or below market rates if the debt is incurred
				and construction begins after March 7, 1985. A municipality that requests
				refinancing must comply with all the requirements of NAC 445A.685 to 445A.805,
				inclusive.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.729 - Effect of review or approval of documents by or for Division

Current through June 11, 2024
Review or approval of facility plans, design drawings and
				  specifications or other documents by or for the Division is for administrative
				  purposes only and does not relieve the applicant of the responsibility properly
				  to plan, design, build and effectively operate and maintain the treatment works
				  described in the agreement for financial assistance as required under law,
				  regulations, permits, and good management practices. The Division is not
				  responsible for increased costs resulting from defects in the design, plans and
				  specifications or other pertinent documents.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42094
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › General Provisions › Section 445A.730 - Resolution of disputes concerning administration of provisions

Current through June 11, 2024
Any dispute concerning the administration of the provisions
				  of NAC 445A.685 to 445A.805, inclusive, that is not otherwise resolved must be
				  referred to the Administrator for decision. The decision of the Administrator
				  is subject to review by the Director. As used in this section, Administrator
				  means the Administrator of the Division.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42095
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Preliminary Planning of Projects › Section 445A.733 - Proposed wastewater treatment works: Contents of facility plan

Current through June 11, 2024
A facility plan for a proposed wastewater treatment works
				  must include:
1. A description of the
				proposed treatment works and the complete waste treatment system of which it is
				a part.
2. A description of the
				best practicable wastewater treatment technology.
3. A cost-effect analysis of the feasible
				conventional, innovative and alternative wastewater treatment works, processes
				and techniques capable of meeting the applicable effluent, water quality and
				public health requirements over the design life of the facility while
				recognizing environmental and other nonmonetary considerations.
4. A demonstration of the nonexistence or
				possible existence of excessive infiltration or inflow in the sewer
				system.
5. An analysis of any
				potential open-space and recreation opportunities associated with the
				project.
6. An environmental
				information document that includes an adequate evaluation of the environmental
				impacts of alternatives. This evaluation must discuss all significant
				environmental effects of the proposed project and the implications of the
				project with respect to:
(a) Threatened or
				endangered species;
(b)
				Wetlands;
(c) Farmland;
(d) Fish and wildlife;
(e) Cultural resources;
(f) Open spaces;
(g) Environmentally sensitive
				areas;
(h) Air quality;
(i) Water quality;
(j) Consistency with land use
				plans;
(k) Energy use;
(l) Long-term versus short-term
				trade-offs;
(m) Growth
				inducement;
(n) Floodplains;
				and
(o) Consistency with areawide
				planning, such as basin plans and plans prepared pursuant to section 208 of the
				Act,
				33 U.S.C. §
											1288.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Preliminary Planning of Projects › Section 445A.734 - Proposed wastewater treatment works: Cost-effect analysis

Current through June 11, 2024
1. A cost-effect analysis prepared pursuant
				to NAC 445A.733 must include:
(a) A
				description of the relationship between the capacity of alternatives and the
				needs to be served, including capacity or future growth expected after the
				treatment works become operational. The description must include estimates from
				significant industrial and commercial users documenting the need for capacity
				and the characteristics of existing or projected flows.
(b) An evaluation of improved effluent
				quality attainable by upgrading the operation and maintenance and efficiency of
				existing facilities as an alternative or supplement to the construction of new
				facilities.
(c) An evaluation of
				the alternative methods for the reuse or ultimate disposal of treated
				wastewater and sludge resulting from the treatment process.
(d) An evaluation of systems with
				revenue-generating applications.
(e) An evaluation of opportunities to reduce
				the use of energy or to recover energy.
(f) Information concerning total capital
				costs and annual operation and maintenance costs, as well as estimated annual
				or monthly costs to residential, commercial and industrial users.