reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.429 - Procedures required to prevent release of contaminants; requirements concerning impoundments

Current through June 11, 2024
1. The holder of
				the permit must institute appropriate procedures to ensure that all mined areas
				do not release contaminants that have the potential to degrade the waters of
				the State.
2. Open pit mines must,
				to the extent practicable, be free-draining or left in a manner which minimizes
				the impoundment of surface drainage and the potential for contaminants to be
				transported and degrade the waters of the State.
3. Underground mines must, to the extent
				practicable, be left in a manner which minimizes the inflow and outflow of
				water through the openings to the mine on the surface of the land.
4. Bodies of water which are a result of mine
				pits penetrating the water table must not create an impoundment which:
(a) Has the potential to degrade the
				groundwaters of the State; or
(b)
				Has the potential to affect adversely the health of human, terrestrial or avian
				life.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.430 - Stabilization of spent ore

Current through June 11, 2024
1. Spent ore which
				has been left on pads or which will be removed from a pad must first
				demonstrate stability of the discharge effluent from the pads or from the spent
				ore such that:
(a) WAD cyanide levels in the
				effluent are less than 0.2 mg/l;
(b) The pH level of the effluent is between
				6.0 and 9.0; and
(c) Contaminants
				in any effluent from the processed ore which would result from meteoric waters
				would not degrade waters of the State.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.431 - Stabilization of tailings

Current through June 11, 2024
Upon termination of the active use of a tailings impoundment,
				  representative samples of the material deposited in the impoundment must be
				  collected and characterized. The tailings must be stabilized during the final
				  closure of a facility so as to inhibit the migration of any contaminant that
				  has the potential to degrade the waters of the State.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24356
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.432 - Minimum design criteria: Generally

Current through June 11, 2024
1. Except as
				otherwise determined by the Department pursuant to subsection 2, the provisions
				of NAC 445A.433 to
				445A.438, inclusive :
(a) Define the minimum design criteria
				required of each process component and the site and operating conditions which
				are considered to exist when these criteria are applied ;
(b) Establish the minimum contaminant control
				technologies required ; and
(c)
				Define the site and operating conditions which must be evaluated.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.433 - Minimum design criteria: Universal requirements; areas where groundwater is near surface; proximity of new process components to dwellings; liability for degradation of water

Current through June 11, 2024
1. The following
				minimum design requirements apply to all process components:
(a) In areas where annual evaporation exceeds
				annual precipitation, a process component must achieve zero
				discharge.
(b) All sources must be
				designed to minimize releases of contaminants into groundwaters or subsurface
				migration pathways so that any release from the facility will not degrade
				waters of the State.
(c) All
				process components must be designed to withstand the runoff from a 24-hour
				storm event with a 100-year recurrence interval for the operating life of the
				components.
(d) The primary fluid
				management system must be designed to be able to remain fully functional and
				fully contain all process fluids including all accumulations resulting from a
				24hour storm event with a 25-year recurrence interval for the operating life of
				the system. The Department may require additional containment based on the
				following factors:
(1) Proximity to surface
				water bodies;
(2) Depth to
				groundwater; and
(3) Proximity to
				population.
Contingency plans for managing process contaminated flows in
				  excess of the design quantity must be described in the appropriate operating
				  plans.
(e) The
				fluid management system must be designed for the operating life of the system
				to be functional for 5 years after the projected operating life of the process
				component and permanent closure period.
(f) The design of the process components must
				take into consideration the proposed range of operating conditions for each
				component and the history of seismic events at the site in order to preclude
				any differential movement or shifting of the subbase, liner or contained
				material which endangers primary or secondary containment integrity.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.434 - Minimum design criteria: Leach pads and other nonimpounding surfaces designed to contain and promote horizontal flow of process fluids

Current through June 11, 2024
Leach pads and other nonimpounding surfaces which are
				  designed to contain, not impound, process fluids and to promote the horizontal
				  flow of process fluids must meet the following requirements:
1. Process fluids must exert only minimal
				hydraulic head on the liner.
2.
				Containment of process fluids must consist of an engineered liner system which
				provides containment equal to or greater than that provided by a synthetic
				liner placed on top of a prepared subbase of 12 inches of native, imported or
				amended soil, which has a maximum recompacted in place coefficient of
				permeability:
(a) Of 1x10-6 cm/sec;
				or
(b) Of 1x10-5 cm/sec when
				combined with a system for the detection of leaks which must be located at
				least beneath those portions of the liner which have the greater potential for
				leakage. The potential for leakage must be determined by:
(1) The extent of the hydraulic head exerted
				on a portion of the liner; and
(2)
				The period of time a portion of the liner is exposed to process
				fluids.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.435 - Minimum design criteria: Ponds

Current through June 11, 2024
1. All ponds which
				are intended to contain process fluids must have a primary synthetic liner and
				a secondary liner. Between the liners there must be a material which has the
				ability to rapidly transport any fluids entering it to a collection point
				which:
(a) Is accessible; and
(b) Has a system for recovering those
				fluids.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.436 - Minimum design criteria: Vats, tanks and other containers which confine process fluids

Current through June 11, 2024
Vats, tanks and other containers which confine process fluids
				  and can be inspected for leaks visually do not require double liners if an area
				  for secondary containment equal to 110 percent of the largest container is
				  provided. Vats, tanks or other containers that are partially buried and cannot
				  be visually inspected must have a system to detect leaks.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24366
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.437 - Minimum design criteria: Tailings impoundments

Current through June 11, 2024
1. A
				tailings impoundment must utilize a system of containment equivalent to:
(a) Twelve inches of recompacted native,
				imported, or amended soils which have an in place recompacted coefficient of
				permeability of no more than 1x10-6 cm/sec; or
(b) Competent bedrock or other geologic
				formations underlying the site which has been demonstrated to provide a degree
				of containment equivalent to paragraph (a).
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.438 - Minimum design criteria: Liners

Current through June 11, 2024
1. When placed on
				native materials, soil liners must have a minimum thickness of 12 inches and be
				compacted in lifts which are no more than 6 inches thick. Except when used in
				tailing impoundments, a soil liner must have a permeability of not more than
				that exhibited by 12 inches of 1x10-7 cm/sec material.
2. Synthetic liners must be rated as having a
				resistance to the passage of process fluids equal to a coefficient of
				permeability of 1x10-11 cm/sec.
3.
				The Department shall review for completeness the applicant's evaluation of the
				following design parameters, where applicable, for a liner:
(a) The type of foundation, slope and
				stability;
(b) The over liner
				protection and provisions for hydraulic relief;
(c) The load and means of applying
				load;
(d) The compatibility of a
				liner with process solutions;
(e)
				The complexity of the leak detection and recovery systems;
(f) The depth from the surface to all
				groundwater; and
(g) The liner's
				ability to remain functionally competent until permanent closure has been
				completed.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.439 - Program required to control quality of construction of liner systems

Current through June 11, 2024
A quality assurance and quality control program must be
				  developed and carried out for the construction of all liner systems. A summary
				  of the quality control data must be submitted to the Department with the
				  as-built drawings.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24372
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.440 - Monitoring: Site of facility

Current through June 11, 2024
1. The program to
				monitor the site of a facility must be designed to monitor the quality of all
				ground and surface water which may be affected by the facility. The type,
				number and location of the monitoring points must be described in the
				application as part of the monitoring plan and must be approved by the
				Department.
2. Final monitoring
				requirements must be established by the Department.
3. Baseline data must be collected before
				operation of the facility.
4. In
				areas where there is a substantial separation between the process components
				and the groundwater, a system for monitoring highly probable escape pathways in
				the unsaturated zone may be required by the Department.
5. The decision where to locate the
				monitoring points for the site must be made after considering the site's
				geology and hydrogeology.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24374
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.441 - Monitoring: Procedure upon variation in parameter or element being monitored

Current through June 11, 2024
If the Department determines that there has been a variation
				  in a parameter or element being monitored by the site-monitoring system as
				  required in NAC 445A.440 which is caused by the facility and has the potential
				  to degrade the waters of the State:
1.
				The holder of the permit shall conduct and submit an evaluation to the
				Department which:
(a) Identifies the source
				and escape pathways of the elements of concern;
(b) Determines the type, extent and ability
				of a system needed to contain or confine any migrating contaminant;
				and
(c) Identifies methods which
				can be carried out to remediate the contamination during the continued
				operation of the facility or at permanent closure.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.442 - Monitoring: Process components

Current through June 11, 2024
1. The Department
				shall determine the extent and complexity to which the holder of a permit must
				monitor individual process components for the release of contaminants after
				reviewing site and process controlled design conditions. Systems designed to
				detect and control leaks from process components must be located at the
				interface of the unit process components and the adjacent environment and be
				able to provide the first indication that pollutants or contaminants have
				escaped their primary containment.
2. The program to monitor the process
				components must include:
(a) A schedule of
				activities;
(b) A roster of current
				job titles for persons responsible for and involved in the monitoring program;
				and
(c) The form and frequency of
				reports to be submitted to the Department.
The Department may randomly collect information or samples
				  for reference. The cost of analyzing samples may be placed upon the holder of
				  the permit.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.443 - Monitoring: Beneficiation process

Current through June 11, 2024
Monitoring of the beneficiation process must include the
				  routine characterization of those process materials which will be disposed. The
				  data obtained must be used by the holder of the permit to evaluate periodically
				  and, when necessary, to refine the plan for the permanent closure of the
				  facility.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.2438
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.444 - Examples of planned and unplanned temporary closures

Current through June 11, 2024
1. The following are examples of planned
				temporary closures which have specific conditions defining their beginning and
				end:
(a) Seasonal closures because of normal
				weather cycles.
(b) Interruptions
				in the active beneficiation processes to provide planned periods of quiescence
				for metallurgical or operating reasons.
(c) Any other planned process condition which
				will interrupt the active beneficiation process.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.445 - Procedure upon unplanned temporary closure of process component

Current through June 11, 2024
1. In the event of an unplanned temporary
				closure of one or more process components, the holder of the permit shall:
(a) Within 30 days after an unplanned
				temporary closure begins, inform the Department of the closure and describe the
				procedures and controls which have been carried out to maintain the process
				components during this period.
(b)
				Within 90 days after the Department has been notified of the unplanned
				temporary closure:
(1) Begin to evaluate the
				procedures which will be required to carry out a permanent closure of the
				process components affected and petition the Department to approve one or more
				procedures needed for the permanent closure of the process components affected;
				or
(2) For just cause, request that
				the Department grant an extension and delay permanent closure. Except as
				otherwise provided in subsection 2 of NAC
				445A.420, the extension may not
				be longer than the remaining term of the existing permit or for 3 years,
				whichever is greater.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.4445 - Unplanned or planned temporary closure: Authority of Department

Current through June 11, 2024
If the Department is notified or otherwise becomes aware of
				  any unplanned or planned temporary closure at a facility where the associated
				  process fluids are not being managed in a manner that is protective of the
				  waters of the State, the Department may:
1. Give notice to the holder of the permit
				that the process fluids are not being managed in a manner that is protective of
				the waters of the State;
2.
				Establish requirements for the holder of the permit to manage, mitigate and
				stabilize the affected process components; and
3. If necessary to stop or prevent the
				degradation of the waters of the State, initiate process fluid management
				activities and implement the requirements established pursuant to subsection
				2.
Added to
				  NAC by Environmental Comm'n by
				  R046-18A,
				  eff. 8/30/2018
NRS
				  445A.425,
				  445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.446 - Permanent closure of facility

Current through June 11, 2024
1. The permanent
				closure of a facility or a source at a facility, as applicable, must be
				initiated:
(a) Following the request of the
				holder of the permit;
(b) For a
				facility which is under a temporary closure, no later than at the end of one
				renewal of a 5-year permit which has been issued pursuant to subsection 2 of
				NAC 445A.420;
(c) When the end of the design life of that
				process component is reached ; or
(d) For an underground mine, and any source
				therein, which has the potential to degrade the waters of the State, before the
				elimination of safe access to the mine.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.447 - Plans for permanent closure; sources not classified as process components

Current through June 11, 2024
1. Plans for permanent closure are required
				for all sources at a facility.
2. A
				final plan for permanent closure of any source which has been identified as a
				process component must be submitted to the Department at least 2 years before
				the anticipated permanent closure of that process component.
3. Sources which have not been classified as
				process components must be evaluated at the end of their operating life to
				determine the potential for pollutants from these sources to migrate and
				degrade the waters of the State under the final proposed site conditions and
				must be closed in accordance with the State Handbook of Best Management
				Practices prepared pursuant to NAC
				445A.336.
4. The Department may require the holder of a
				permit to revise a previously approved final plan for permanent closure if,
				based on new information received by the Department, the Department determines
				that the final plan for permanent closure will not achieve chemical
				stabilization, source removal or mitigation of a process component.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC 445.24388; A
				  by
				  R018-20A,
				  eff. 8/26/2020
NRS
				  445A.425,
				  445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.451 - Applicability

Current through June 11, 2024
The provisions of NAC 445A.450 to 445A.492, inclusive, apply
				  to all public water systems unless a public water system:
1. Consists only of distribution and storage
				facilities and does not have any production, collection or treatment
				facilities;
2. Obtains all of its
				water from, but is not owned or operated by, a public water system to which NAC
				445A.450 to 445A.492, inclusive, apply;
3. Does not sell water to any person;
				and
4. Is not a carrier which
				conveys passengers in interstate commerce.
Bd. of Health, Water
				  Quality Standards Art. 2 §§ 2.3-2.3.1.4, eff. 12-14-77-NAC A by
				  R088-00, 8-3-2001; A by Environmental Comm'n by R126-05,
				  10-31-2005
NRS
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.452 - Construction

Current through June 11, 2024
1. Nothing contained in NAC 445A.450 to
				445A.492, inclusive, may be interpreted to circumvent any of those sections to
				make them less effective.
2. If
				more than one interpretation exists for a section, the more restrictive
				interpretation applies.
Bd. of Health, Water
				  Quality Standards Art. 2 §§ 2.2-2.2.2, eff. 12-14-77-Substituted in
				  revision for NAC 445.246
NRS
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.4525 - Adoption by reference of certain provisions of federal regulations

Current through June 11, 2024
1. The provisions of
				40
				C.F.R. §§
										141.1,
				141.2,
				141.4 to
				141.42,
				inclusive, subsections (a) and (d) of § 141.43 §§ 141.60 to
				141.722, and 141.851 to 141.861, inclusive, inclusive, of the "National Primary
				Drinking Water Regulations," and related federal regulations applicable to
				public water systems, including all tables and appendices therein, as those
				provisions and regulations existed on July 1, 2014, are hereby adopted by
				reference.
2. The provisions of
				40 C.F.R.
				§§
										142.61 to
				142.65,
				inclusive, including all tables therein, as those provisions existed on July 1,
				2014, are hereby adopted by reference.
3. A copy of a publication containing those
				provisions is available by mail from the Superintendent of Documents, United
				States Government Printing Office, P.O. Box 979050, St. Louis, Missouri
				63197-9000, or by toll-free telephone at (866) 512-1800, for the price of $67.
				Copies of those regulations are also available, free of charge, at the Internet
				address
http://www.gpoaccess.gov/cfr/index.html
.
Added to
				  NAC by Bd. of Health by R088-00, eff. 8-3-2001; A by Environmental Comm'n by
				  R126-05, 10-31-2005; R014-08, 4-17-2008; R194-08, 10-27-2009; R061-10,
				  7-22-2010; A by
				  R118-14,
				  eff. 12/22/2014
NRS
					 445A.855,
					 445A.860,
					 445A.863
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.453 - Primary standards: Requirements

Current through June 11, 2024
All public water systems must meet the requirements of NAC
				  445A.450 to 445A.5405, inclusive, and of the "National Primary Drinking Water
				  Regulations," and related federal regulations applicable to public water
				  systems, as adopted by reference in NAC 445A.4525.
Bd. of Health, Water
				  Quality Standards Art. 3, eff. 12-14-77; A 5-3-81-NAC A 3-22-89; 12-3-90;
				  7-16-92; 8-1-94; 3-28-96; 9-6-96; R088-00, 8-3-2001; A by Environmental Comm'n
				  by R126-05, 10-31-2005; R194-08, 10-27-2009
NRS
					 445A.855,
					 445A.860,
					 445A.863
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.454 - Primary standards: Monitoring and analysis

Current through June 11, 2024
1. The
				monitoring requirements for the primary standards set forth in NAC 445A.453
				must be performed as required by
				40 C.F.R. §§
										141.21 to
				141.29,
				inclusive, 141.40, 141.41, 141.42, 141.74, 141.86 to 141.89, inclusive,
				141.131, 141.132, 141.133, 141.172, 141.173, 141.174, 141.402, 141.530 to
				141.564, inclusive, 141.605, 141.621 to 141.628, inclusive, 141.701 to 141.709,
				inclusive, and 141.851 to 141.858, inclusive, as adopted by reference in NAC
				445A.4525.
2. Any analysis
				conducted to determine compliance with the primary standards referenced in NAC
				445A.453 must be performed by a laboratory that is certified pursuant to the
				provisions of NAC 445A.542 to 445A.54296, inclusive, in accordance with:
(a) The method or methods listed in, or
				approved pursuant to, the provisions of NAC 445A.542 to 445A.54296, inclusive,
				for the selected contaminant or contaminants in the drinking water;
				or
(b) Any method for the selected
				contaminant or contaminants in the drinking water approved by the United States
				Environmental Protection Agency as an acceptable alternative test procedure for
				drinking water.
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.455 - Secondary standards: General requirements

Current through June 11, 2024
1.
				Secondary maximum contaminant levels, which apply to public water systems, are
				listed in the following table:
Constituent or Indicator
Secondary Maximum Contaminant Level (milligrams/Liter
							 or mg/L)
Aluminum
0.2 mg/L
Chloride
400 mg/L
Copper
1.0 mg/L
Foaming Agents
0.5 mg/L
Iron
0.6 mg/L
Magnesium
150 mg/L
Manganese
0.1 mg/L
Silver
0.1 mg/L
Sulfate
500 mg/L
Total Dissolved Solids (TDS)
1,000 mg/L
Zinc
5.0 mg/L
Other units or indicators
Color
15 color units
Odor
3.0 threshold odor number
pH
6.5 to 8.5
2.
				Except as otherwise provided in NAC 445A.6682, the standard for fluoride in
				community and nontransient, noncommunity water systems is 2.0 milligrams per
				liter.
Bd. of Health, Water
				  Quality Standards Art. 4 §§ 4.1-4.2, eff. 12-14-77-NAC A 3-22-89;
				  12-3-90; 9-6-96; R118-99, 2-10-2000; A by Environmental Comm'n by R126-05,
				  10-31-2005
NRS
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.456 - Secondary standards: Monitoring; reports; public notice; plan to return water system to compliance

Current through June 11, 2024
1. The secondary
				maximum contaminant levels must be monitored annually for public water systems
				which have surface water sources or groundwater sources under the direct
				influence of surface water, and at least once during every 3-year compliance
				period for systems with groundwater sources, unless otherwise required by the
				Division or the appropriate district board of health. Samples must be collected
				at sample points which are representative of each source after any
				treatment.
2. If the result of an
				analysis made pursuant to subsection 1 indicates that any secondary maximum
				contaminant level listed in NAC 445A.455 is exceeded, the supplier of water
				must report that result to the Division or the appropriate district board of
				health within 30 days and initiate three additional analyses at the same
				sampling point within 90 days. When the average of four analyses made pursuant
				to this subsection exceeds the secondary maximum contaminant level, the
				supplier of water must notify the Division or the appropriate district board of
				health and give notice to the public pursuant to subsection 3 of NAC
				445A.485.
3. Monitoring after
				public notification must be at a frequency designated by the Division or the
				appropriate district board of health and must continue until the level has not
				been exceeded during two successive quarterly periods or until a monitoring
				schedule as a condition to a variance or enforcement action to achieve
				compliance becomes effective.
4. A
				supplier of water is not required to report results to the Division or the
				appropriate district board of health where a state laboratory performs the
				analysis and reports the results to the Division or the appropriate district
				board of health. Except as otherwise provided in this subsection, the public
				water system shall provide the results of any analysis performed pursuant to
				this section to the Division or to the appropriate district board of health by
				the 10th day of the month following receipt of the results.
5. The public water system shall, within 6
				months after giving the notice required by subsection 2, develop a plan to
				return the water system to compliance. This plan must be submitted to, and be
				approved by, the Division or the appropriate district board of health and may
				include:
(a) Acquisition of another suitable
				supply of water which is economically feasible to obtain, available in
				sufficient quantity, and of significantly higher or acceptable
				quality;
(b) Consolidation with an
				adjacent public water system that provides water of sufficient quantity and
				quality;
(c) Treatment of the
				source water; or
(d) Any other
				action sufficient to return the water system to compliance.
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.457 - Secondary standards: Analysis

Current through June 11, 2024
Any analysis conducted to determine compliance with NAC
				  445A.455 must be made in accordance with:
1. The method for the selected contaminant or
				contaminants in the drinking water listed in NAC 445A.542 to 445A.54296,
				inclusive; or
2. Any method for the
				selected contaminant or contaminants in the drinking water approved by the
				United States Environmental Protection Agency as an accepted alternative test
				procedure for drinking water.
Bd. of Health, Water
				  Quality Standards Art. 4 §§ 4.4-4.4.10, eff. 12-14-77-NAC A 3-22-89;
				  3-28-96; A by Environmental Comm'n by R126-05,
				  10-31-2005
NRS
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.458 - Conduct of analysis

Current through June 11, 2024
1. Except as
				otherwise provided in this section, each analysis required by NAC 445A.4525 to
				445A.457, inclusive, must be performed by a laboratory certified pursuant to
				NAC 445A.542 to 445A.54296, inclusive.
2. Turbidity measurements may be made by a
				laboratory certified pursuant to NAC 445A.542 to 445A.54296, inclusive, or by
				public water system personnel utilizing an instrument capable of meeting the
				requirements of
				40 C.F.R. §
										141.74(a)(1), as adopted by
				reference pursuant to NAC 445A.4525.
3. Chlorine residual measurements to comply
				with
				40
				C.F.R. §§
										141.72 and
				141.74,
				as adopted by reference in NAC 445A.4525, must be made by public water system
				personnel utilizing an instrument and methods capable of meeting the
				requirements of
				40 C.F.R. §
										141.74(a)(2), as adopted by
				reference in NAC 445A.4525.
4.
				Chlorine, chloramines or chlorine dioxide residual measurements to comply with
				the maximum residual disinfectant level must be made by public water system
				personnel using an instrument and methods capable of meeting the requirements
				of
				40 C.F.R. §
										141.131(c), as adopted by
				reference in NAC 445A.4525.
5.
				Temperature and pH measurements must be made by the public water system
				utilizing an instrument and methods capable of meeting the requirements of
				40 C.F.R.
				§
										141.23(k)(1), as
				adopted by reference in NAC 445A.4525.
6. Public water systems may direct the
				laboratory which analyzes water samples to submit the results of the sample to
				the Division or the appropriate district board of health.
Bd. of Health, Water
				  Quality Standards Art. 5, eff. 12-14-77-NAC A 3-22-89; 5-23-90; 9-6-96;
				  R048-99, 9-27-99; R203-99, 8-1-2001; R088-00, 8-3-2001; A by Environmental
				  Comm'n by R126-05, 10-31-2005; R194-08,
				  10-27-2009
NRS
					 445A.855,
					 445A.860,
					 445A.863
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.459 - Methods of obtaining samples of water

Current through June 11, 2024
1. Samples of
				water taken for the purpose of a complete chemical analysis must be taken as
				provided in this section.
2. A
				sample taken to analyze levels of components not requiring preservation must be
				collected in a clean glass or plastic half-gallon or gallon container. A
				thoroughly rinsed plastic distilled water bottle or unused plastic milk bottle,
				obtainable at a dairy or a food or drug store, is recommended for this
				purpose.
3. A sample taken to
				analyze levels of nitrates and metals must be collected in a container provided
				by the laboratory performing the analysis, using the appropriate materials for
				preservation provided by the laboratory. These materials may be added to the
				containers by the laboratory before the sample is taken. Care must be exercised
				in using such materials because of their hazardous nature.
4. A sample taken to analyze levels of trace
				organic materials must be taken in a glass container provided by the laboratory
				performing the analysis. The laboratory shall also provide any preservatives
				required for preventing deterioration of the organic materials.
5. If any representative sample is taken from
				a well for the purpose of chemical analysis:
(a) Except as otherwise provided in paragraph
				(b), an amount of water equivalent to 4 to 10 times the bore volume of the well
				must be pumped from the well before the sample is taken.
(b) In the case of a new well, the well must
				be pumped until all artifacts of the drilling process have been removed and the
				water flows clean and clear, and in any event for not less than 24
				hours.
(c) The sample must be taken
				in a manner consistent with that described in chapter 9, section 9.6, of the
Handbook for Sampling and Sample Preservation of Water and
				Wastewater
, EPA- 600/4-82-029.
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.4655 - Sanitary surveys: Frequency

Current through June 11, 2024
1. The Division or
				the appropriate district board of health shall conduct a sanitary survey on all
				public water systems.
2. All public
				water systems using surface water or groundwater under the direct influence of
				surface water will be subject to a sanitary survey at a minimum of once every 3
				years or on a more frequent basis as determined by the Division.
3. All public water systems using solely
				groundwater will be subject to a sanitary survey at a frequency determined by
				the Division but at a minimum of once every:
(a) Three years for all community water
				systems; or
(b) Five years for all
				noncommunity water systems.
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.4665 - Sanitary surveys: Significant deficiencies

Current through June 11, 2024
1. Any
				significant deficiency noted in a sanitary survey must be addressed in writing
				to the Division or to the appropriate district board of health and must include
				a proposed implementation plan and schedule for correction of the deficiency
				within 45 days after the receipt of the sanitary survey report by the public
				water system.
2. A public water
				system shall correct any significant deficiency identified in the sanitary
				survey in accordance with a schedule approved by the Division or the
				appropriate district board of health or, if there is no approved schedule, in
				accordance with the schedule reported pursuant to subsection 1, if those
				deficiencies are within the control of the system.
3. As used in this section, "significant
				deficiency" means any deficiency found at a public water system during a
				sanitary survey that is a violation of any provision of NAC 445A.450 to
				445A.6731, inclusive, which may have the potential to cause a risk to public
				health. A significant deficiency includes, without limitation, unsanitary
				source conditions, treatment plant deficiencies, inadequate disinfectant
				contact time, cross-connections, endangerment of sources, unsanitary storage
				and distribution of water, inadequate pressure, inadequate staff and any other
				deficiency of comparable significance.
Added to NAC by
				  Environmental Comm'n by R126-05, eff. 10-31-2005; A by R194-08,
				  10-27-2009
NRS
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.4845 - Consumer confidence reports

Current through June 11, 2024
Each community public water system shall deliver to its
				  customers on an annual basis consumer confidence reports which contain
				  information on the quality of the water delivered by the system in accordance
				  with the requirements of
				  40 C.F.R. §§
										141.151 to
				  141.155,
				  inclusive, as adopted by reference in NAC 445A.4525.
Added to NAC by
				  Environmental Comm'n by R126-05, eff. 10-31-2005
NRS
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.485 - Notification requirements

Current through June 11, 2024
1. The owner or
				operator of a public water system shall provide notice to the Division or the
				appropriate district board of health of the occurrence of any of the events
				listed in NAC 445A.538, in accordance with the provisions of that
				section.
2. Public notice of
				violations of primary drinking water regulations, and other circumstances with
				potential adverse health effects, is required pursuant to
				NRS
				445A.940 and as follows:
(a) The owner or operator of a public water
				system shall provide notice to persons served by the system for all violations
				of the primary standards, treatment techniques, monitoring requirements,
				testing procedures and other circumstances set forth in NAC 445A.450 to
				445A.5405, inclusive, pursuant to the requirements of this section and
				40 C.F.R. §§
											141.201 to
				141.211,
				inclusive, as adopted by reference in NAC 445A.4525, including, without
				limitation:
(1) Failing to comply with an
				applicable primary standard;
(2)
				Failing to comply with a prescribed treatment technique;
(3) Failing to perform water quality
				monitoring;
(4) Failing to comply
				with testing procedures as prescribed by a drinking water regulation;
(5) Operating under a variance or
				exemption;
(6) Failing to comply
				with the requirements of any schedule that has been set under a variance or
				exemption;
(7) The occurrence of a
				waterborne disease outbreak or other waterborne emergency;
(8) Exceeding the nitrate MCL by a
				noncommunity water system when granted permission by the primacy agency under
				40 C.F.R. §
												141.11(d);
(9) Exceeding the secondary maximum
				contaminant level for fluoride, set forth in subsection 2 of NAC
				445A.455;
(10) Making available
				unregulated contaminant monitoring data; or
(11) Other violations as determined by the
				Division or the appropriate district board of health to require a public
				notice, not already listed in Appendix A to
				40 C.F.R. §§
												141.201 to
				141.211,
				inclusive, as adopted by reference in NAC 445A.4525.
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.487 - Variances: General conditions and procedure for granting

Current through June 11, 2024
1. The Commission may grant a variance from a
				primary drinking water regulation to a public water system which cannot meet a
				requirement respecting a maximum contaminant level specified in such drinking
				water regulation because of characteristics of the raw water source or sources
				which are reasonably available to the system. A variance may be issued to a
				system on the condition that the public water system install the best available
				technology, treatment techniques or other means which the Commission and the
				Administrator of the United States Environmental Protection Agency find are
				reasonably available after taking costs into consideration and based on an
				evaluation satisfactory to the Commission that indicates that alternative
				sources of water are not reasonably available to the public water system.
				Before such a variance may be granted, the Commission must find that the
				variance will not result in an unreasonable risk to health.
2. The Commission may grant a variance to a
				public water system from any provision of a primary drinking water regulation
				which requires the use of a specified treatment technique with respect to a
				contaminant. Before the issuance of such a variance, the public water system
				must demonstrate to the satisfaction of the Commission that the treatment
				technique is not necessary to protect the health of persons because of the
				nature of the raw water source of the system.
3. The Commission may grant a variance from a
				secondary drinking water regulation to a public water system in accordance with
				the procedures for seeking variances from the Commission.
4. Public hearings and other procedures for
				consideration of requests for variances from NAC 445A.450 to 445A.492,
				inclusive, must be conducted in accordance with the procedures for seeking
				variances from the Commission. The Commission will grant a variance from a
				regulation only if it finds from the evidence presented at the hearing that:
(a) There are circumstances or conditions
				which:
(1) Are unique to the
				applicant;
(2) Do not generally
				affect other persons subject to the regulation;
(3) Make compliance with the regulation
				unduly burdensome; and
(4) Cause a
				hardship to and abridge a substantial property right of the applicant;
				and
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.4872 - Variances: Small water systems

Current through June 11, 2024
1. The Commission
				may grant a variance, subject to the provisions of subsection 2, for compliance
				with a requirement specifying a maximum contaminant level or treatment
				technique to:
(a) Public water systems
				serving 3,300 or fewer persons; or
(b) With approval from the Federal
				Government, public water systems serving more than 3,300 persons but fewer than
				10,000 persons,
if the variance meets the requirements of this
				  section.
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.4876 - Variances: Application; payment of costs

Current through June 11, 2024
1. A person
				seeking a variance from the provisions of NAC 445A.450 to 445A.492, inclusive,
				must:
(a) Submit an application for the
				variance to the Secretary of the Commission; and
(b) Submit a payment of $150 to cover the
				costs of:
(1) Publication of notice of the
				application and notice of the date of the public hearing;
(2) A review and analysis of the application
				conducted by a member of the staff; and
(3) Printing and clerical services required
				to prepare the requested variance for submission to the Commission.
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.488 - Variances: Prescription of additional control measures and schedules for compliance

Current through June 11, 2024
1. The Commission
				will, when it grants a variance to a public water system pursuant to NAC
				445A.487 or 445A.4872, prescribe:
(a) A
				schedule for compliance, including increments of progress, with the contaminant
				level requirement with respect to which the variance was granted.
(b) Such additional control measures as it
				may require for the contaminant during the period ending on the date compliance
				with the requirement is required.
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.489 - Exemptions: General conditions and procedure for granting

Current through June 11, 2024
1. The Commission may grant an exemption from
				any requirement respecting a maximum contaminant level or treatment technique
				of an applicable primary drinking water regulation to:
(a) A public water system which was in
				operation on the effective date of the requirement if:
(1) Because of compelling factors, including
				economic considerations, such as qualification of the public water system as
				serving a disadvantaged community, the public water system is unable to comply
				or to implement measures to develop an alternative source of supply;
(2) The granting of the exemption will not
				result in an unreasonable risk to health; and
(3) Management or restructuring changes, or
				both, cannot reasonably be made that will result in compliance with the primary
				drinking water standards or, if compliance cannot be achieved, improve the
				quality of the drinking water; or
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.490 - Exemptions: Prescription of control measures and schedules for compliance; additional requirements

Current through June 11, 2024
1. The Commission
				will, when it grants an exemption to a public water system, prescribe:
(a) A schedule for compliance, including
				increments of progress or measures to develop an alternative source of water
				supply, with the contaminant level or treatment technique requirement with
				respect to which the exemption was granted.
(b) Such control measures as it may require
				for the contaminant during the period ending on the date compliance with the
				requirement is required.
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.491 - Variances and exemptions: Appeals

Current through June 11, 2024
1. Any supplier of
				water who feels aggrieved by the action of the Division or the appropriate
				district board of health in approving or approving with modifications any
				schedule for compliance or effectuation submitted pursuant to a variance or an
				exemption may appeal the action to the Commission or the appropriate district
				board of health by filing a written notice of appeal within 30 days of the
				written decision on the schedule.
2. Users of the public water system who feel
				themselves aggrieved by the action of the Division or the appropriate district
				board of health may appeal in the same manner as the public water system. Such
				an appeal must be supported by a minimum of 10 percent of the users of the
				public water system for public water systems serving a population of less than
				5,000 and by a minimum of 5 percent for public water systems serving a
				population of 5,000 or greater.
3.
				The Commission or the appropriate district board of health will consider all
				such appeals at regularly scheduled public hearings, after receipt of the
				record on appeal.
4. Evidence
				presented to the Commission on appeal is limited to that introduced before the
				Division or the appropriate district board of health.
5. At the conclusion of the hearing, the
				matter stands submitted and the Commission or the appropriate district board of
				health will enter a written decision, including findings of fact, within 14
				days of the hearing date.
Bd. of Health, Water
				  Quality Standards Art. 7 §§ 7.8-7.9.2, eff. 12-14-77-NAC A by
				  Environmental Comm'n by R126-05, 10-31-2005
NRS
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 445A - Water Controls › PUBLIC WATER SYSTEMS › Water Quality › Section 445A.492 - Severability

Current through June 11, 2024
If any of the provisions of NAC 445A.450 to 445A.5405,
				  inclusive, or any application thereof to any person, thing or circumstance is
				  held invalid, it is intended that such invalidity not affect the remaining
				  provisions, or their application, that can be given effect without the invalid
				  provision or application.
Bd. of Health, Water
				  Quality Standards Art. 2 § 2.1.1, eff. 12-14-77-NAC A by Environmental
				  Comm'n by R126-05, 10-31-2005; R194-08,
				  10-27-2009
NRS
					 445A.860