Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class I Operating Permits › Section 445B.3365 - Operating permit to construct: Contents; noncompliance with conditions

Current through June 11, 2024
Except as otherwise provided in NAC 445B.33656:
1. The Director shall cite the legal
				authority for each condition contained in an operating permit to
				construct.
2. An operating permit
				to construct must contain the following conditions:
(a) The expiration date of the operating
				permit to construct must be defined as described in NAC 445B.3366.
(b) The holder of the operating permit to
				construct shall retain records of all required monitoring data and supporting
				information for 5 years after the date of the sample collection, measurement,
				report or analysis. Supporting information includes, without limitation, all
				records regarding calibration and maintenance of the monitoring equipment and
				all original strip-chart recordings for continuous monitoring
				instrumentation.
(c) Each of the
				conditions and requirements of the operating permit to construct is severable,
				and if any is held invalid, the remaining conditions and requirements continue
				in effect.
(d) The holder of the
				operating permit to construct shall comply with all conditions of the operating
				permit to construct. Any noncompliance constitutes a violation and is a ground
				for:
(1) An action for
				noncompliance;
(2) The revoking and
				reissuing, or the terminating, of the operating permit to construct by the
				Director; or
(3) The reopening or
				revising of the operating permit to construct by the holder of the operating
				permit to construct as directed by the Director.
(e) The need to halt or reduce activity to
				maintain compliance with the conditions of the operating permit to construct is
				not a defense to noncompliance with any condition of the operating permit to
				construct.
(f) The Director may
				revise, revoke and reissue, reopen and revise, or terminate the operating
				permit to construct for cause.
(g)
				The operating permit to construct does not convey any property rights or any
				exclusive privilege.
(h) The holder
				of the operating permit to construct shall provide the Director, in writing and
				within a reasonable time, with any information that the Director requests to
				determine whether cause exists for revoking or terminating the operating permit
				to construct, or to determine compliance with the conditions of the operating
				permit to construct.
(i) The holder
				of the operating permit to construct shall allow the Director or any authorized
				representative of the Director, upon presentation of credentials, to:
(1) Enter upon the premises of the holder of
				the operating permit to construct where:
(I)
				The stationary source is located;
(II) Activity related to emissions is
				conducted; or
(III) Records are
				kept pursuant to the conditions of the operating permit to construct;
(2) Have access to and copy,
				during normal business hours, any records that are kept pursuant to the
				conditions of the operating permit to construct;
(3) Inspect, at reasonable times, any
				facilities, practices, operations or equipment, including any equipment for
				monitoring or controlling air pollution, that are regulated or required
				pursuant to the operating permit to construct; and
(4) Sample or monitor, at reasonable times,
				substances or parameters to determine compliance with the conditions of the
				operating permit to construct or applicable requirements.
(j) A responsible official of the stationary
				source shall certify that, based on information and belief formed after a
				reasonable inquiry, the statements made in any document required to be
				submitted by any condition of the operating permit to construct are true,
				accurate and complete.