reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.2762 - Reuse category A: Approved uses

Current through June 11, 2024
Reclaimed water that meets the requirements for
				  bacteriological quality set forth in NAC
				  445A.276 for reuse category A
				  may be used for:
1. Spray irrigation
				of land used as a cemetery, commercial lawn, golf course, greenbelt or park
				even if:
(a) Public access to the area of use
				is unrestricted; and
(b) Human
				contact with the reclaimed water can reasonably be expected to
				occur.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.2764 - Reuse category B: Approved uses

Current through June 11, 2024
Reclaimed water that meets the requirements for
				  bacteriological quality set forth in NAC
				  445A.276 for reuse category B
				  may be used for:
1. Spray irrigation
				of land used as a cemetery, commercial lawn, golf course, greenbelt or park if:
(a) Public access to the area of use is
				restricted; and
(b) Human contact
				with the reclaimed water cannot reasonably be expected to occur.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.2766 - Reuse category C: Approved uses

Current through June 11, 2024
1. Reclaimed water
				that meets the requirements for bacteriological quality set forth in NAC
				445A.276 for reuse category C
				may be used for:
(a) Spray irrigation of land
				used as a cemetery, golf course or greenbelt if:
(1) Public access to the area of use is
				restricted;
(2) Human contact with
				the reclaimed water does not occur; and
(3) A buffer zone of not less than 100 feet
				is maintained.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.2768 - Reuse category D: Approved uses

Current through June 11, 2024
1. Reclaimed water
				that meets the requirements for bacteriological quality set forth in NAC
				445A.276 for reuse category D
				may be used for:
(a) Spray irrigation of land
				used for agricultural purposes if:
(1) Public
				access to the area of use is prohibited; and
(2) A buffer zone of not less than 400 feet
				is maintained.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.2771 - Reuse category E: Approved uses

Current through June 11, 2024
Reclaimed water that meets the requirements for
				  bacteriological quality set forth in NAC
				  445A.276 for reuse category E
				  may be used for:
1. Spray irrigation
				of land used for agricultural purposes if:
(a) Public access to the area of use is
				prohibited; and
(b) A buffer zone
				of not less than 800 feet is maintained.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.279 - Determining quality of effluent: Storage reservoirs excluded from treatment process

Current through June 11, 2024
For the purpose of determining the quality of reclaimed
				  water, storage reservoirs do not constitute part of the treatment
				  process.
Added to NAC by
				  Environmental Comm'n, eff. 9-13-91-Substituted in revision for NAC 445.178; A
				  by
				  R101-16A,
				  eff. 12/21/2016
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.280 - Waiver or modification of requirements

Current through June 11, 2024
The Director may waive compliance with or modify any
				  requirement of NAC
				  445A.274 to
				  445A.280, inclusive, and
				  sections 2 to 15, inclusive for a specific proposed use of reclaimed water upon
				  his or her determination that because of the size, type or location of the
				  proposed use, the waiver or modification is consistent with the policy set
				  forth in NRS
				  NRS
				  445A.305.
Added to NAC by
				  Environmental Comm'n, eff. 9-13-91; A by R063-04, 10-6-2004; A by
				  R101-16A,
				  eff. 12/21/2016
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Treatment Works › Section 445A.283 - Permit required to construct, install, expand or modify treatment works

Current through June 11, 2024
No person without first obtaining a permit from the
				  Department may:
1. Construct, install,
				expand or significantly modify any factory, mill, plant or other industrial or
				commercial facility which will result in a discharge not authorized by an
				existing permit to waters of the State.
2. Add extensions to existing municipal or
				privately owned sewer systems or provide new sewer service to existing or newly
				constructed buildings which could cause the raw sewage influent to the
				treatment plant to exceed the limits prescribed by the permit issued in
				accordance with NAC 445A.228 to 445A.263, inclusive.
3. Construct, install or significantly modify
				any facilities designed or used for treatment or discharge of
				pollutants.
Environmental Comm'n,
				  Water Pollution Control Reg. §§ 3.1.1-3.1.3, eff. 5-2-78-Substituted
				  in revision for NAC 445.179
NRS
					 445A.425,
					 445A.585
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Treatment Works › Section 445A.284 - Design and construction of treatment works

Current through June 11, 2024
1. In
				reviewing the design of treatment works, the Department shall use as guidelines
				the applicable requirements of
Ten State Standards
,
				appropriate
American Society of Civil Engineers Manual of Engineering
				Practice
or federal or other accepted engineering
				guidelines.
2. As a minimum,
				sewerage system designs must be based on 100 gallons (378.5 liters) per person
				per day and 3.5 persons per lot or dwelling unit and peak flows, unless the
				design engineer can demonstrate validity of other design criteria derived from
				existing records of the sewering authority for an area of like development on
				the system or from the general plan of the local government.
3. Complete engineering plans and
				specifications prepared by a qualified professional engineer, authorized under
				state law to prepare such plans and specifications, must be submitted, covering
				such items as sewage collection, treatment and disposal and all other matters
				properly relating thereto.
4. If a
				discharge to the waters of the State is proposed, the design of the treatment
				works must ensure compliance with the appropriate provisions of NAC 445A.228 to
				445A.263, inclusive.
Environmental Comm'n,
				  Water Pollution Control Reg. §§ 3.2.1-3.2.4, eff. 5-2-78-Substituted
				  in revision for NAC 445.180
NRS
					 445A.425,
					 445A.445
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Treatment Works › Section 445A.285 - Location of treatment works

Current through June 11, 2024
1. In locating the
				site for a treatment works, the designer shall attempt to select a site that is
				not:
(a) Within 984.3 feet (300 meters) of an
				occupied dwelling or other building.
(b) Within the limits of a 100-year
				floodplain unless protected from the flood to the satisfaction of the
				Department.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Treatment Works › Section 445A.2855 - Plants for sewage treatment: "Experience in operating" defined

Current through June 11, 2024
As used in NAC
				  445A.2855 to
				  445A.293, inclusive, and section
				  2 of this regulation, "experience in operating" means having been actively
				  engaged in the operation and maintenance activities of a plant for sewage
				  treatment.
Added to NAC
				  by Environmental Comm'n by
				  R155-17A,
				  eff. 5/16/2018; A by
				  R126-19A,
				  eff. 12/29/2020
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Treatment Works › Section 445A.286 - Plants for sewage treatment: Applicability of provisions

Current through June 11, 2024
The provisions of NAC
				  445A.2855 to
				  445A.293, inclusive, and section
				  2 of this regulation do not apply to:
1. A package plant for sewage treatment with
				a capacity of 5,000 gallons or less per day; or
2. Any other plant for sewage treatment,
				including, without limitation, a septic system, with a capacity of 10,000
				gallons or less per day.
Added to NAC by
				  Environmental Comm'n, eff. 5-27-92; A by R037-02, 10-18-2002; A by
				  R155-17A,
				  eff. 5/16/2018; A by
				  R126-19A,
				  eff. 12/29/2020
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Treatment Works › Section 445A.2862 - Plants for sewage treatment: Application for certification as operator

Current through June 11, 2024
1. A person responsible for the operation and
				maintenance of a plant for sewage treatment must be certified as an operator of
				a plant for sewage treatment.
2. To
				apply for a full certificate as an operator of a plant for sewage treatment:
(a) An applicant must submit an application
				to the Division or its designee that is accompanied by the appropriate fee set
				forth in NAC
				445A.287.
(b) The applicant must be at least 18 years
				of age, possess a high school diploma or a general educational development
				certificate or its equivalent and meet the following additional educational
				requirements:
(1) For Grade I, completion of
				50 contact hours of education related to sewage treatment.
(2) For Grade II, completion of 100 contact
				hours of education related to sewage treatment, 50 contact hours of which may
				have been completed for Grade I certification pursuant to subparagraph
				(1).
(3) For Grade III, completion
				of 100 contact hours of education related to sewage treatment, all of which may
				have been completed for Grade I and Grade II certification pursuant to
				subparagraphs (1) and (2), respectively, and two postsecondary courses of
				instruction related to sewage treatment.
(4) For Grade IV, completion of 100 contact
				hours of education related to sewage treatment, all of which may have been
				completed for Grade I and Grade II certification pursuant to subparagraphs (1)
				and (2), respectively, and four postsecondary courses of instruction related to
				sewage treatment, two courses of which may have been completed for Grade III
				certification pursuant to subparagraph (3).
(c) The applicant must have the following
				experience in operating a plant for sewage treatment:
Certification Grade
Experience
Grade I
1 year of experience in operating at a
								Classification I facility or higher
Grade II
Grade I Certification and 2 years' experience in
								operating, with at least 1 year at a Classification II facility or
								higher
Grade III
Grade II Certification and 3 years' experience in
								operating, with at least 1 year at a Classification III facility or
								higher
Grade IV
Grade III Certification and at least 4 years'
								experience in operating, with at least 1 year at a Classification IV
								facility
(d)
				Except as otherwise provided in NAC
				445A.2864, the applicant must
				pass the applicable examination or examinations for certification. Except as
				otherwise provided in NAC
				445A.2868, the examinations must
				be taken in ascending order beginning with the Grade I examination for
				certification as an operator of a plant for sewage
				treatment.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Treatment Works › Section 445A.2864 - Plants for sewage treatment: Certification as operator by reciprocity

Current through June 11, 2024
1. A full certificate as an operator of a
				plant for sewage treatment may be issued by the Division without examination as
				required by NAC
				445A.2862 on a case-by-case
				basis to a person in a comparable classification who has passed an equivalent
				written examination and who holds a full certification in another state,
				territory or possession of the United States or another country if the
				requirements for the certification of operators are consistent with and not of
				a lower standard than the provisions of this chapter, as determined by the
				Division.
2. To apply for full
				certification by reciprocity as an operator of a plant for sewage treatment, an
				applicant must submit an application to the Division or its designee, which
				must include, without limitation:
(a) Evidence
				of the education and experience in operating a plant for sewage treatment of
				the applicant supporting the certification at the grade level that is
				requested;
(b) Evidence of any
				continuing education units completed by the applicant for the certification
				held by the applicant;
(c) Evidence
				of the valid, unexpired full certificate held by the applicant for which
				reciprocity is requested; and
(d)
				The fee required pursuant to NAC
				445A.287.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Treatment Works › Section 445A.2866 - Plants for sewage treatment: Restricted certificate as operator

Current through June 11, 2024
1. A person may apply to the Division for a
				restricted certificate as an operator of a plant for sewage treatment if the
				person does not meet the requirements for a full certificate. A restricted
				certificate does not authorize the holder of the certificate to operate in
				direct responsible charge of a plant for sewage treatment at the restricted
				grade level.
2. To apply for a
				restricted certificate, a person must:
(a)
				Meet the following requirements for his or her specific grade:
(1) For Restricted Grade I, a high school
				diploma or a general educational development certificate or the
				equivalent;
(2) For Restricted
				Grade II, hold an active Grade I full certification for a minimum of 1 year and
				meet the Grade II educational requirements set forth in NAC
				445A.2862;
(3) For Restricted Grade III, hold an active
				Grade II full certification for a minimum of 1 year and meet the Grade III
				educational requirements set forth in NAC
				445A.2862; and
(4) For Restricted Grade IV, hold an active
				Grade III full certification for a minimum of 1 year and meet the Grade IV
				educational requirements set forth in NAC
				445A.2862;
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Treatment Works › Section 445A.2868 - Plants for sewage treatment: Renewal of certificate as operator; suspension; renewal of suspended certificate; decertification; renewal of expired certificate

Current through June 11, 2024
1. Any full or
				restricted certificate issued pursuant to NAC
				445A.2862,
				445A.2864 or
				445A.2866 is valid for 2 years
				and may be renewed if the holder of the certificate submits a completed
				application for renewal on the form supplied by the Division before the
				expiration date of the certificate, which must include, without limitation:
(a) Evidence of completion of the
				requirements of continuing education set forth in NAC
				445A.2912; and
(b) The fee for renewal set forth in NAC
				445A.287.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Treatment Works › Section 445A.287 - Plants for sewage treatment: Persons required to be certified as operators; application and fees for certification; renewal of certificate

Current through June 11, 2024
1. The following fees must be paid to the
				Division:
Certification
Fee
Period
Initial full certificate issued pursuant to NAC
								445A.2862.......
... $140
2 years
Initial full certificate issued pursuant to NAC
								445A.2864
								..................................................................................
..... 150
2 years
Renewal of a full certificate
								.......................................................
..... 110
2 years
Initial restricted certificate
								...................................
........ 90
2 years
Renewal of a restricted certificate
								............................................
........ 70
2 years
Conversion of restricted certificate to full
								certificate ................
........ 70
Reinstatement of a certificate
								....................................................
........ 80
2.
				The holder of a certificate must pay to the Division a fee of $20 for each
				duplicate certificate he or she requests. A fee of $25 will be charged to any
				person whose check is returned to the Division because of a lack of
				funds.
Added to NAC by
				  Environmental Comm'n, eff. 5-27-92; A 3-1-94; R037-02, 10-18-2002; A by
				  R155-17A,
				  eff. 5/16/2018; A by
				  R121-19A,
				  eff. 8/26/2020
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Treatment Works › Section 445A.2873 - Plants for sewage treatment: Examination for certification of operators

Current through June 11, 2024
1. The Division shall offer separate
				examinations for certification as an operator of a plant for sewage treatment
				in each of the four grades of certification for qualified applicants.
2. The examinations for certification must be
				offered by the Division at least 3 times per year.
3. The Division, or its designee, shall
				review the qualifications of each applicant for certification who applies to
				take an examination for certification.
Added to NAC
				  by Environmental Comm'n by
				  R155-17A,
				  eff. 5/16/2018
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Treatment Works › Section 445A.2875 - Plants for sewage treatment: Request for special accommodations by applicant with disability

Current through June 11, 2024
If an applicant has a disability that restricts the ability
				  of the applicant to take an examination for certification under standard
				  conditions, the applicant may request special accommodations for taking the
				  examination at the time of application. Such a request must be submitted to the
				  Division in writing.
Added to NAC
				  by Environmental Comm'n by
				  R155-17A,
				  eff. 5/16/2018
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Treatment Works › Section 445A.288 - Plants for sewage treatment: Agreement to operate program for certification of operators

Current through June 11, 2024
1. If the Division
				chooses not to operate the program for the certification of operators of plants
				for sewage treatment, the Division shall enter into an agreement with an
				approved designee pursuant to which the designee agrees to operate the
				program.
2. Any agreement entered
				into pursuant to subsection 1 must provide that the designee will:
(a) Distribute application forms;
(b) Evaluate applications;
(c) Conduct examinations;
(d) Evaluate the training, education and
				experience of the applicants;
(e)
				Inform an applicant that the Division has denied his or her application for
				certification or recommend that the Division certify the applicant;
				and
(f) Perform any other duty
				specified in the agreement.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Treatment Works › Section 445A.289 - Plants for sewage treatment: Schedule for classification

Current through June 11, 2024
1. For the purpose of the certification
				program operated pursuant to the provisions of NAC
				445A.2855 to
				445A.293, inclusive, and except
				as otherwise provided in subsection 2, a plant for sewage treatment must be
				classified in accordance with the following schedule:
Treatment Process
Plant Classification
Stabilization Ponds, Facultative Ponds or
								Lagoons
I
Primary Treatment (settling, grit removal,
								etc.)
Fixed Film Treatment (e.g., trickling filters,
								etc.) for BOD Removal
II
Activated Sludge (without nitrogen removal and
								<20,000 gallons per day)
Solids Treatment (thickening/dewatering)
Fixed Film Treatment (e.g., trickling filters) for
								Nutrient Removal
III
Activated Sludge (with nitrogen removal or
								>20,000 gallons per day)
Tertiary Treatment
IV
Activated Sludge (>10 million gallons per
								day)
Indirect Potable Reuse
2.
				The Division may deviate from this table if it determines that mitigating or
				intensifying factors exist to raise or lower a plant classification. Factors
				may include, without limitation, receiving stream water quality, process
				complexity, waste stream pollutant strength or variations and flow
				variability.
3. As used in this
				section:
(a) "BOD" means biochemical oxygen
				demand.
(b) "Tertiary treatment"
				means the process of treating wastewater beyond secondary treatment units for
				nutrient removal or other advanced removal methods, including, without
				limitation, membrane filtration.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Treatment Works › Section 445A.290 - Plants for sewage treatment: Minimum grades of certification for operators

Current through June 11, 2024
1. The minimum grades of certification for
				operators of plants for sewage treatment are as follows:
GRADES OF CERTIFICATION based on the
							 classification of the plant:
Plant Classification I
Plant Classification II
Plant Classification III
Plant Classification IV
Supervisor
I
II
III
IV
Assistant Supervisor
I
I
II
III
2.
				Any person, other than a supervisor or assistant supervisor, who is working as
				an operator of a plant for sewage treatment must be certified as at least a
				Grade I operator of a plant for sewage treatment, or obtain such certification
				within 1 year after the date on which he or she begins employment at the plant
				for sewage treatment as such an operator.
3. As used in this section:
(a) "Assistant supervisor" means the person
				in direct responsible charge of the operations of a plant for sewage treatment
				in the absence of the supervisor.
(b) "Person in direct responsible charge"
				means a person who is responsible for all activities associated with the
				operations of a plant for sewage treatment and compliance with all applicable
				provisions of NRS and NAC relating to the operations of such a plant.
(c) "Supervisor" means the person in direct
				responsible charge of the operations of a plant for sewage treatment.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Treatment Works › Section 445A.2912 - Plants for sewage treatment: Continuing education requirements for operators

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 3, every 2 years, each holder of a full
				certificate as an operator of a plant for sewage treatment must complete the
				following requirements of continuing education within the effective period of
				the certificate to qualify for the renewal of the certificate:
(a) The holder of a Full Grade I certificate
				must earn at least 5 contact hours of participation in a course of
				training.
(b) The holder of a Full
				Grade II certificate must earn at least 10 contact hours of participation in a
				course of training.
(c) The holder
				of a Full Grade III certificate must earn at least 15 contact hours of
				participation in a course of training.
(d) The holder of a Full Grade IV certificate
				must earn at least 20 contact hours of participation in a course of
				training.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Treatment Works › Section 445A.2915 - Plants for sewage treatment: Approval of courses of training for continuing education

Current through June 11, 2024
1. The Division or
				its designee shall not grant any credit of continuing education to the holder
				of a certificate as an operator of a plant for sewage treatment for completion
				of training pursuant to NAC 445A.2912 unless the course of training is:
(a) Approved by the Division or its designee;
				and
(b) Relevant to the subject
				matter of the certificate.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Treatment Works › Section 445A.292 - Plants for sewage treatment: Provisional certification of operator

Current through June 11, 2024
1. The Division shall renew a provisional
				certificate as an operator of a plant for sewage treatment, without
				examination, only to a person who:
(a) Held a
				provisional certificate on July 1, 1991;
(b) Pays the appropriate fee; and
(c) Submits the proper application for
				certification.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Treatment Works › Section 445A.293 - Plants for sewage treatment: Denial of application for certificate or suspension or revocation of certificate

Current through June 11, 2024
1. If the Division
				determines that an applicant for a full, restricted or provisional certificate
				as an operator of a plant for sewage treatment has engaged in any conduct set
				forth in subsection 3, the Division may deny an application for a certificate
				as an operator of a plant for sewage treatment.
2. If the Division determines that a holder
				of a full, restricted or provisional certificate as an operator of a plant for
				sewage treatment has engaged in any conduct set forth in subsection 3 or
				section 8 of this regulation, the Division may:
(a) Suspend or revoke a
				certificate;
(b) Place the holder
				of the certificate on probation for a specified period of time; or
(c) Take any other disciplinary action
				against the holder of the certificate deemed appropriate by the
				Division.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Treatment Works › Section 445A.294 - Aggrieved person: Request for informal discussion; subsequent request for informal conference; determination final remedy

Current through June 11, 2024
1. Any
				person who has reason to believe that an action taken by the Division pursuant
				to this section and NAC
				445A.2855 to
				445A.293, inclusive, other than
				a disciplinary action, is incorrect or based on inadequate knowledge may,
				within 10 business days after receiving notice of the action, request an
				informal discussion with the employee responsible for the action and the
				immediate supervisor of the employee.
2. If the informal discussion does not
				resolve the problem, the aggrieved person may, within 10 business days after
				the date scheduled for the informal discussion, submit a written request to the
				Administrator of the Division or the Administrator's designee for an informal
				conference. The informal conference must be scheduled for a date, place and
				time mutually agreed upon by the aggrieved person and the Administrator or the
				Administrator's designee, except that the informal conference must be held not
				later than 60 days after the date on which the Administrator or the
				Administrator's designee received the written request.
3. The determination of the Administrator of
				the Division or the Administrator's designee resulting from the informal
				conference cannot be appealed and is the final remedy available to the
				aggrieved person.
Added to NAC by Environmental Comm'n by
				  R126-19A,
				  eff. 12/29/2020
NRS
				  445A.425,
				  445A.860,
				  445A.880
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Zones of Mixing › Section 445A.295 - Purpose

Current through June 11, 2024
A zone of mixing for the assimilation of municipal,
				  agricultural and industrial discharges from point sources which have received
				  the best degree of treatment or control practicable under existing technology
				  is recognized as necessary. The purpose of this limited zone is to provide for
				  a current realistic means of control over such discharges and at the same time
				  achieve the highest attainable level of water quality.
Environmental Comm'n,
				  Water Pollution Control Reg. § 4.1.2 subsec. h par. 1, eff. 5-2-78; A
				  7-2-80-Substituted in revision for NAC 445.187
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Zones of Mixing › Section 445A.296 - Application

Current through June 11, 2024
1. Every application for a zone of mixing
				must:
(a) Be made to the Director and be
				accompanied by a complete and detailed description of the present physical,
				chemical, biological and radiological conditions of the receiving waters and of
				the proposed zone of mixing.
(b)
				Include a demonstration that no violation of water quality standards occurs at
				any point designated by the Director and no appreciable harm to beneficial
				uses, either designated or actual, will result from the proposed zone of mixing
				and such other information as the Director may prescribe.
(c) Identify, by discharge, the individual
				water quality parameters for which the zone of mixing is requested.
(d) Be submitted along with an application
				for a discharge permit or a request for modification of a discharge
				permit.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Zones of Mixing › Section 445A.297 - Review of application by Director

Current through June 11, 2024
1. Each application
				for a zone of mixing must be reviewed in light of the descriptions, statements,
				plans, histories, antidegradation review, if applicable, and other supporting
				information.
2. The review of the
				application must result in a determination by the Director concerning the
				appropriateness of a zone of mixing for each water quality parameter, by
				discharge, identified in the application.
3. Zones of mixing must not be granted by the
				Director unless the applicant and supporting information clearly demonstrate
				that the discharge occurring or proposed to occur:
(a) Does not substantially endanger human
				health or safety;
(b) Will assure
				the protection and propagation of a balanced, indigenous population of
				shellfish, fish and wildlife in and on that body of water;
(c) Will not cause a violation of water
				quality standards at any point designated by the Director; and
(d) Is consistent with the provisions
				relating to antidegradation set forth in sections 3 to 19,
				inclusive.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Zones of Mixing › Section 445A.298 - Establishment by Director

Current through June 11, 2024
1. The Director
				shall establish a zone of mixing so that the standards for quality of water for
				individual parameters determined to be appropriate pursuant to subsection 1 of
				NAC 445A.297 for the receiving
				water, but in no case including esthetic and acute toxicity values, may be
				relaxed within the zone of mixing.
2. In determining the size of a zone of
				mixing, each application must be reviewed on a case-by-case basis taking into
				consideration :
(a) The quality of effluent of
				wastewater discharged;
(b) The
				nature and condition of the receiving water, including the effects of the
				effluent or wastewater on the designated or actual beneficial uses of the
				receiving water and standards for quality of water; and
(c) The antidegradation review performed, if
				required, pursuant to section 15.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Zones of Mixing › Section 445A.299 - Zone of passage

Current through June 11, 2024
Stream-mixing zones in which the standards for water quality
				  may be exceeded must be designed to ensure that a zone of passage is
				  maintained. The allowable stream-mixing zone must be oriented in the stream in
				  a manner which permits the greatest effectiveness of the zone of
				  passage.
Environmental Comm'n,
				  Water Pollution Control Reg. § 4.1.2 subsec. h par. 6, eff.
				  5-2-78-Substituted in revision for NAC 445.191
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Zones of Mixing › Section 445A.300 - Periodic review

Current through June 11, 2024
The Director shall periodically review all zones of mixing
				  and may terminate or modify any such zones for which the conditions of approval
				  of the zone of mixing have changed.
Environmental Comm'n,
				  Water Pollution Control Reg. § 4.1.2 subsec. h par. 10, eff. 5-2-78; A
				  7-2-80-Substituted in revision for NAC 445.192
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Zones of Mixing › Section 445A.301 - Termination

Current through June 11, 2024
The zone of mixing automatically terminates at the expiration
				  of the period in the designation and no rights vest in the designee unless an
				  application for renewal of a zone of mixing has been made.
Environmental Comm'n,
				  Water Pollution Control Reg. § 4.1.2 subsec. h par. 8, eff. 5-2-78; A
				  7-2-80-Substituted in revision for NAC 445.193
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Zones of Mixing › Section 445A.302 - Renewal

Current through June 11, 2024
1. Any zone of mixing may be granted or
				renewed for periods not exceeding 5 years.
2. Applications for renewal:
(a) Must be made before the expiration of the
				period concerning the zone of mixing.
(b) May be granted by the Director if the
				application for renewal:
(1) Has met all of
				the conditions specified for the immediately preceding zone of mixing granted
				pursuant to NAC
				445A.295 to 445A.302, inclusive;
				and
(2) Is consistent with the
				provisions relating to antidegradation set forth in sections 3 to 19,
				inclusive.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.305 - Definitions

Current through June 11, 2024
As used in NAC 445A.305 to 445A.340, inclusive, unless the
				  context otherwise requires, the words and terms defined in NRS
				  NRS
				  445A.315 to
				  445A.370,
				  inclusive, in NRS
				  NRS
				  445A.380 to
				  445A.420,
				  inclusive, and in NAC 445A.306 to 445A.312, inclusive, have the meanings
				  ascribed to them in those sections.
Environmental Comm'n,
				  Diffuse Source Control Reg. part Art. 1, eff. 10-16-80-Substituted in revision
				  for NAC 445.199
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.306 - "Best practices" defined

Current through June 11, 2024
"Best practices" means measures, methods of operation or
				  practices which are reasonably designed to prevent, eliminate or reduce water
				  pollution from diffuse sources and which are consistent with the best practices
				  in the particular field under the conditions applicable. This term is intended
				  to be equivalent to the term "best management practices" as used in federal
				  statutes and regulations.
Environmental Comm'n,
				  Diffuse Source Control Reg. § 1.1, eff. 10-16-80-Substituted in revision
				  for NAC 445.200
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.307 - "Conservation district" defined

Current through June 11, 2024
"Conservation district" has the meaning ascribed to it in NRS
				  NRS
				  548.032.
Environmental Comm'n,
				  Diffuse Source Control Reg. § 1.2, eff. 10-16-80-Substituted in revision
				  for NAC 445.201
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.308 - "Conservation plan" defined

Current through June 11, 2024
"Conservation plan" means a plan prepared in cooperation with
				  or reviewed by a conservation district, which addresses the use, maintenance or
				  improvement of soil, water and plant resources of the land covered by the
				  plan.
Environmental Comm'n,
				  Diffuse Source Control Reg. § 1.3, eff. 10-16-80-Substituted in revision
				  for NAC 445.202
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.309 - "Diffuse source" defined

Current through June 11, 2024
"Diffuse source" includes:
1. Agricultural activity, including return
				flows from irrigation;
2.
				Silvicultural activity;
3. Mining
				activity;
4. Runoff from
				construction activities associated with buildings, roads, dams, utility lines
				or other improvements or facilities;
5. Runoff from roads, streets and
				railroads;
6. Runoff from
				construction activities associated with recreational trails or the use of
				recreational trails;
7.
				Modification of water courses or stream channels; and
8. Runoff from urban areas.
The term includes any of the items specified in this section
				  regardless of whether wheeled, track, stationary or floating equipment is used
				  for earth-moving activity.
Environmental Comm'n,
				  Diffuse Source Control Reg. § 1.4, eff. 10-16-80-NAC A by R096-01,
				  1-18-2002
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.310 - "Municipality" defined

Current through June 11, 2024
"Municipality" means a county or incorporated city.
Environmental Comm'n,
				  Diffuse Source Control Reg. § 1.5, eff. 10-16-80-Substituted in revision
				  for NAC 445.204
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.311 - "Panel" defined

Current through June 11, 2024
"Panel" means a body consisting of three or more members
				  appointed by the Commission from its own membership to consider and decide
				  appeals made to the Commission under NAC 445A.305 to 445A.340,
				  inclusive.
Environmental Comm'n,
				  Diffuse Source Control Reg. § 1.6, eff. 10-16-80-Substituted in revision
				  for NAC 445.205
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.312 - "Resources management plan" defined

Current through June 11, 2024
"Resources management plan" means a plan which is prepared by
				  a federal agency administering land in consultation with the State or a
				  municipality and which is reasonably designed to prevent, eliminate or reduce
				  water pollution from diffuse sources resulting from the use, maintenance or
				  improvement of soil, water and plant resources.
Environmental Comm'n,
				  Diffuse Source Control Reg. § 1.7, eff. 10-16-80-Substituted in revision
				  for NAC 445.206
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.313 - Exemptions

Current through June 11, 2024
1. NAC 445A.305 to 445A.340, inclusive, does
				not require any person to remedy, control or correct any nonconformance with
				standards for water quality which results exclusively from natural rather than
				man-made causes.
2. The following
				activities are not subject to the provisions of NAC 445A.305 to 445A.340,
				inclusive:
(a) Home gardening, landscaping,
				repairs and maintenance;
(b)
				Connection of utility services for single dwellings;
(c) Installation of fences and sign
				posts;
(d) Installation and
				maintenance along existing roadways of overhead transmission lines for
				telephones, telegraph and cable television and of electric transmission lines
				of a design capacity of less than 200 kilovolts; and
(e) Emergency work to protect persons or
				property.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.314 - Administration of controls: Delegation of authority to city or county

Current through June 11, 2024
1. If the Director delegates authority to a
				county but not to a city within it, the county has authority throughout the
				entire area within its boundaries unless otherwise specified in its letter of
				request.
2. If the Director
				delegates authority to the city but not to the county in which the city is
				located, the Division shall assume administration of the program throughout the
				county exclusive of the city or portion of the city for which the delegation is
				made by the Director.
Environmental Comm'n,
				  Diffuse Source Control Reg. §§ 2.3.3 & 2.3.4, eff.
				  10-16-80-Substituted in revision for NAC 445.208
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.315 - Administration of controls by municipality: Written request to Director

Current through June 11, 2024
1. A municipality seeking to administer the
				Department's controls of diffuse sources must submit a written request,
				specifying the personnel, their qualifications and the estimated annual budget
				to be committed to the program by the municipality. The request must be
				addressed to the Director by registered or certified mail.
2. The Director shall inform the municipality
				of his or her decision within 30 days after the receipt of the letter by the
				Department.
Environmental Comm'n,
				  Diffuse Source Control Reg. §§ 2.3.1 & 2.3.2, eff.
				  10-16-80-Substituted in revision for NAC 445.209
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.316 - Administration of controls by municipality: Jurisdiction

Current through June 11, 2024
The municipality may apply specific measures of control only
				  for those surface waters within its jurisdiction in which pollution from a
				  diffuse source has been determined to contribute to a violation of standards
				  for water quality.
Environmental Comm'n,
				  Diffuse Source Control Reg. § 3.1.6, eff. 10-16-80-Substituted in revision
				  for NAC 445.210
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.317 - Administration of controls by municipality: Determination of water pollution

Current through June 11, 2024
1. If a municipality has been delegated
				authority to administer controls of diffuse sources, it must establish a
				program to administer the controls. The municipality may proceed with the
				administration only if its governing body or the Division first determines that
				there exists within or originates from the territory of the municipality water
				pollution from one or more diffuse sources and the pollution contributes to a
				violation of standards for water quality.
2. Such a determination must be based on the
				results of surveying, sampling or testing the affected surface waters or
				pursuant to a written complaint by any person filed with the municipality and
				proof of damage to the person caused by pollution of those waters from a
				diffuse source. Any similar complaint filed with the Division or other state
				agency must be immediately referred to the appropriate municipality for prompt
				investigation and disposition.
3.
				The municipality must determine the person who is responsible for each diffuse
				source of water pollution. The determination must be made by a resolution of
				the governing body. If necessary, further surveying, sampling and testing of
				the affected water and watershed may be made before the
				determination.
4. To the extent
				feasible, the Division shall, upon written request, furnish a municipality with
				technical assistance in determining the existence of such water
				pollution.
5. If the Division makes
				such a determination, it shall send a written notice of the determination, by
				registered or certified mail, to the governing body of the
				municipality.
6. If the governing
				body is aggrieved by the determination of the Division, the governing body may
				appeal to the Commission for a hearing on the matter. Such an appeal must be in
				writing and filed with the Commission no later than 45 days after the date on
				which the governing body receives the notice.
7. The Commission will conduct the hearing
				and decide the appeal or appoint a panel to do so.
8. The decision of the Commission or panel
				constitutes a final administrative decision.
Environmental Comm'n,
				  Diffuse Source Control Reg. §§ 3.1.1-3.1.4 & 3.1.7, eff.
				  10-16-80-Substituted in revision for NAC 445.211
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.318 - Administration of controls by municipality: Time to begin after determination is made

Current through June 11, 2024
1. A municipality
				must proceed to administer its program within 60 days after the date of its own
				determination or its receipt of notice of the Division's
				determination.
2. If an appeal to
				the Commission has been filed, administrative action by the municipality is
				stayed until 60 days after the date of the decision by the Commission or
				panel.
3. If a judicial review is
				being conducted, administrative action by the municipality is stayed until a
				decision is rendered by the court.
Environmental Comm'n,
				  Diffuse Source Control Reg. § 3.1.5, eff. 10-16-80-Substituted in revision
				  for NAC 445.212
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.319 - Administration of controls by municipality: Inspection of equipment; access to waters; notice

Current through June 11, 2024
1. Whenever it is
				necessary to enforce the provisions of NAC 445A.305 to 445A.340, inclusive, a
				representative of a municipality may, upon presenting proper credentials:
(a) Enter any premises;
(b) Inspect any monitoring equipment or
				method; and
(c) Have access to,
				survey, sample and test any surface waters, within its jurisdiction for the
				purpose of determining the commencement, existence or degree of pollution from
				a diffuse source.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.320 - Administration of controls by municipality: Notice of violation; meeting with person responsible

Current through June 11, 2024
1. A municipality
				administering controls of diffuse sources must give to any person responsible
				for a diffuse source which is contributing to a violation of standards for
				water quality a written notice specifying the nature and location of the source
				or activity contributing to the violation. The notice must be given by personal
				service or sent by registered or certified mail.
2. Within 30 days after receipt of a notice,
				the person responsible shall meet with a representative of the municipality to
				discuss his or her solution, which must be presented in the form of a plan of
				the best practices for control of water pollution from a diffuse
				source.
Environmental Comm'n,
				  Diffuse Source Control Reg. §§ 3.3.1 & 3.3.2, eff.
				  10-16-80-Substituted in revision for NAC 445.214
NRS
					 445A.425,
					 445A.570