reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67521 - "Chronic health concern" defined

Current through June 11, 2024
"Chronic health concern" means a concern regarding human
				  health that occurs when:
1. Short-term
				exposure to a contaminant does not cause an immediate risk to human health but
				may result in adverse, long-term health symptoms; or
2. Long-term exposure may cause adverse
				health symptoms to develop over a long period.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.675215 - "Commission" defined

Current through June 11, 2024
"Commission" has the meaning ascribed to it in NRS
				  NRS
				  445A.210.
Added to NAC by
				  Environmental Comm'n by R128-04, eff. 2-14-2005
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67522 - "Community water system" defined

Current through June 11, 2024
"Community water system" has the meaning ascribed to it in
				  NRS
				  445A.808.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98; A by
				  R109-22A,
				  eff. 12/29/2022
NRS 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67523 - "Completion of the water project" defined

Current through June 11, 2024
"Completion of the water project" means the time at
				  which:
1. A recipient has satisfied
				all requirements of a construction contract for a water project;
2. The recipient has placed the water project
				in service; and
3. The final
				disbursement of loan funds, including, without limitation, the release of
				retention funds, has been made to the recipient.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67524 - "Construction" defined

Current through June 11, 2024
"Construction" has the meaning ascribed to it in NRS
				  NRS
				  445A.215.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.675245 - "Disadvantaged community" defined

Current through June 11, 2024
"Disadvantaged community" means an area, as compared to other
				  communities in this State, residents disproportionately experience economic,
				  environmental or health issues, including, without limitation, high rates of
				  poverty or unemployment.
Added to
				  NAC by Environmental Comm'n by
				  R099-14,
				  10/24/2014; A by
				  R109-22A,
				  eff. 12/29/2022
NRS 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67525 - "Distribution system" defined

Current through June 11, 2024
"Distribution system" has the meaning ascribed to it in NAC
				  445A.65845.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67526 - "Division" defined

Current through June 11, 2024
"Division" has the meaning ascribed to it in NRS
				  NRS
				  445A.220.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67527 - "Emergency situation" defined

Current through June 11, 2024
"Emergency situation" occurs when:
1. Water at a public water system is
				contaminated or is likely to be contaminated to such an extent that it causes
				an imminent danger to public health and the contamination could not have been
				prevented by the operator of the system;
2. There is a reduction of a source of
				potable drinking water for an extended period; or
3. There is an impact to the delivery of
				potable drinking water that is caused by an emergency or disaster and, in
				relation to that emergency or disaster, a state of emergency or declaration of
				disaster has been proclaimed by the Governor or by resolution of the
				Legislature pursuant to
				NRS
				414.070.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98; A by
				  R109-22A,
				  eff. 12/29/2022
NRS 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67528 - "Environmental assessment" defined

Current through June 11, 2024
"Environmental assessment" means a document prepared by an
				  applicant that:
1. Provides the basis
				for the Division to:
(a) Issue a finding of no
				significant impact; or
(b) Require
				the applicant to prepare and submit an environmental impact
				statement;
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67529 - "Environmental impact statement" defined

Current through June 11, 2024
"Environmental impact statement" means a report that the
				  Division requires an applicant to prepare for a proposed water project if the
				  Division determines that the project will have a significant impact on the
				  quality of the human environment or will generate controversy concerning the
				  natural environment. The statement must include a detailed and formal
				  evaluation of the favorable and adverse environmental and social impacts of the
				  proposed water project and describe any alternative action that may be less
				  environmentally disruptive.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67531 - "EPA" defined

Current through June 11, 2024
"EPA" means the United States Environmental Protection
				  Agency.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67532 - "Finding of no significant impact" defined

Current through June 11, 2024
"Finding of no significant impact" means a determination by
				  the Division, after the review of an environmental assessment, that:
1. A water project will not have a
				significant effect on the human environment; and
2. The Division will not require the
				applicant to submit an environmental impact statement.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98; A by Environmental Comm'n by R128-04,
				  2-14-2005
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67533 - "Intended use plan" defined

Current through June 11, 2024
"Intended use plan" means a report that the Division prepares
				  which describes how this State will use the money it receives from the federal
				  capitalization grant and the money it uses to provide the required matching
				  funds to achieve the objectives of the Safe Drinking Water Act and further the
				  goal of protecting public health.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67534 - "Long-term loan" defined

Current through June 11, 2024
"Long-term loan" is a loan for which the term for repayment
				  exceeds 5 years, but does not exceed 30 years or the life of the water project,
				  whichever is shorter, unless the term is extended by the Division pursuant to
				  NAC 445A.67561.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98; A by
				  R109-22A,
				  eff. 12/29/2022
NRS 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67535 - "Maintenance" defined

Current through June 11, 2024
"Maintenance" means the preservation of the functional
				  integrity and efficiency of the equipment and structures of a water project and
				  includes, without limitation, any necessary preventive maintenance, corrective
				  maintenance and replacement of equipment or structures.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67536 - "Median household income" defined

Current through June 11, 2024
"Median household income" means the most recent median
				  household income:
1. As determined
				from data from the United States Census Bureau;
2. AAs documented by an applicant for the
				service area of the public water system [;] through an income survey;
				or
3. As determined by a method set
				forth in the intended use plan developed pursuant to NAC
				445A.67574,
				445A.67575 and
				445A.67576.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98; A by Environmental Comm'n by R128-04,
				  2-14-2005; A by
				  R109-22A,
				  eff. 12/29/2022
NRS 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67537 - "Mitigation" defined

Current through June 11, 2024
"Mitigation" includes, without limitation:
1. Avoiding an environmental impact by not
				taking certain action;
2.
				Minimizing an environmental impact by limiting the degree or magnitude of an
				action and its implementation;
3.
				Rectifying an environmental impact by repairing, rehabilitating or restoring
				the part of the environment affected;
4. Reducing or eliminating an environmental
				impact over time by preservation and maintenance during the life of the water
				project; or
5. Compensating for an
				environmental impact by replacing or providing substitute resources or
				environments.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67538 - "Noncommunity water system" defined

Current through June 11, 2024
"Noncommunity water system" has the meaning ascribed to it in
				  NRS
				  445A.828.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98; A by
				  R109-22A,
				  eff. 12/29/2022
NRS 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67539 - "Nonprofit" defined

Current through June 11, 2024
"Nonprofit" means that a public water system is legally
				  organized to return no profit to its owners or members and has a federal
				  identification number for tax-exempt status.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.6754 - "Nontransient, noncommunity water system" defined

Current through June 11, 2024
"Nontransient water system" has the meaning ascribed to it in
				  NRS
				  445A.829.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98; A by
				  R109-22A,
				  eff. 12/29/2022
NRS 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67541 - "Operation" defined

Current through June 11, 2024
"Operation" means the management and control of the
				  individual processes and equipment that comprise a public water system. The
				  term includes, without limitation, financial management, the management of
				  personnel and records, laboratory control, process control, safety and planning
				  for emergency operations and efforts to comply with any relevant
				  regulations.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67542 - "Operation and maintenance" defined

Current through June 11, 2024
"Operation and maintenance" means activities that are
				  required to ensure the dependable and economical functioning of a water
				  system.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67543 - "Operator" defined

Current through June 11, 2024
"Operator" has the meaning ascribed to it in NRS
				  NRS
				  445A.830.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67544 - "Priority list" defined

Current through June 11, 2024
"Priority list" means a list that the Division prepares
				  annually which sets forth the order in which the Division will make financial
				  assistance from the Account for the Revolving Fund available to potential water
				  projects.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67545 - "Process of environmental review" defined

Current through June 11, 2024
"Process of environmental review" means the development and
				  evaluation of environmental information concerning a water project that enables
				  the Division, pursuant to NAC
				  445A.6758 to
				  445A.67612, inclusive, and
				  sections 4 and 5, to make a determination whether to:
1. Grant a categorical exclusion;
2. Make a finding of no significant impact;
				or
3. Require the applicant to
				submit an environmental impact statement.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98; A by
				  R109-22A,
				  eff. 12/29/2022
NRS 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67546 - "Professional engineer" defined

Current through June 11, 2024
"Professional engineer" has the meaning ascribed to it in NRS
				  NRS
				  625.060.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67547 - "Public water system" defined

Current through June 11, 2024
"Public water system" has the meaning ascribed to it in NRS
				  NRS
				  445A.235.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67548 - "Recipient" defined

Current through June 11, 2024
"Recipient" means a public water system that has executed a
				  contract for a loan with the Division to receive a loan or other financial
				  assistance from the Account for the Revolving Fund or the Account for SetAside
				  Programs.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98; A by
				  R109-22A,
				  eff. 12/29/2022
NRS 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67549 - "Replacement" defined

Current through June 11, 2024
"Replacement" means the obtaining and installation of any
				  equipment, accessories or appurtenances during the life of a water project that
				  are necessary to maintain the capacity and performance which the water project
				  was designed to achieve. The term does not include major rehabilitation, repair
				  or replacement of any capital or fixed assets of a water project.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.6755 - "Safe Drinking Water Act" defined

Current through June 11, 2024
"Safe Drinking Water Act" has the meaning ascribed to it in
				  NRS
				  NRS
				  445A.240.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67551 - "Service connection" defined

Current through June 11, 2024
"Service connection" has the meaning ascribed to it in NAC
				  445A.66375.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67552 - "Short-term loan" defined

Current through June 11, 2024
"Short-term loan" means a loan for which the term of
				  repayment does not exceed 5 years.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67553 - "Significant noncompliance" defined

Current through June 11, 2024
"Significant noncompliance" occurs when, on two or more
				  occasions during any period of 12 consecutive months, a public water
				  system:
1. Fails to report the results
				of monitoring for;
2. Fails to take
				a sample for; or
3. Exceeds the
				maximum contaminant levels of,
any of the primary drinking water standards set forth in NAC
				  445A.453.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67554 - "State clearinghouse" defined

Current through June 11, 2024
"State clearinghouse" means the process for review by the
				  State as established pursuant to the Governor's executive order concerning
				  intergovernmental review of federal programs of August 15, 1989.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.675545 - "State median household income" defined

Current through June 11, 2024
"State median household income" means the median household
				  income for this State.
Added to NAC by
				  Environmental Comm'n by R128-04, eff. 2-14-2005
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67555 - "Transient water system" defined

Current through June 11, 2024
"Transient water system" has the meaning ascribed to it in
				  NRS
				  445A.848.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98; A by
				  R109-22A,
				  eff. 12/29/2022
NRS 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67556 - "User charge" defined

Current through June 11, 2024
"User charge" means:
1. Any charge levied on the users of a water
				project; or
2. Any portion of the
				ad valorem taxes that are paid by a user for his or her proportionate share of
				the cost of operation and maintenance of a water project, including, without
				limitation, replacement of the water project.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67557 - "Water project" defined

Current through June 11, 2024
"Water project" has the meaning ascribed to it in NAC
				  445A.66585 and includes, without limitation, any project for which the debt
				  obligations of a public water system may be bought or refinanced pursuant to
				  42
				  U.S.C. §
										300j - 12(f)(2).
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67558 - Process for public participation: Notice of workshop; contents of notice

Current through June 11, 2024
1. Except as otherwise provided in subsection
				4 of NAC
				445A.67567, the Division shall,
				as necessary, provide for a public participation process to provide interested
				or affected persons a reasonable opportunity to submit to the Division orally
				or in writing data, views or arguments upon proposed water projects or proposed
				actions or determinations of the Division.
2. Unless a hearing is required, the Division
				shall hold a workshop to satisfy the requirements of subsection 1.
3. The Division shall provide notice of the
				time and place set for the workshop not less than 15 days before the workshop,
				unless a longer period is required. The Division may provide such notice by:
(a) Unless otherwise required by federal law,
				publishing a single notice on an Internet website designed to give general
				public notice;
(b) Mailing the
				notice to each interested person who requests to be on a mailing list
				maintained by the Division;
(c)
				Mailing the notice to the appropriate federal and state agencies and
				municipalities; or
(d) Any other
				means reasonably calculated to provide such notice to the general public and
				any person who may be affected.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.67559 - Procedure for review of actions taken by Division

Current through June 11, 2024
1. An applicant or a recipient who has reason
				to believe that an action taken by an employee of the Division pursuant to NAC
				445A.6751 to 445A.67644, inclusive, 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. The informal discussion must be
				scheduled for a date, place and time mutually agreed upon by the applicant or
				recipient and the Division, except that the informal discussion must be held no
				later than 30 days after the date on which the Division received the
				request.
2. If the informal
				discussion does not resolve the problem, the applicant or the recipient may,
				within 10 business days after the date scheduled for the informal discussion,
				submit a written request to the Division for an informal conference. The
				informal conference must be scheduled for a date, place and time mutually
				agreed upon by the applicant or recipient and the Division, except that the
				informal conference must be held no later than 60 days after the date on which
				the Division received the written request.
3. If the informal conference does not
				resolve the problem, the applicant or the recipient may, within 10 business
				days after the date scheduled for the informal conference, submit a written
				request to the Administrator for a determination. The Administrator shall issue
				a determination not later than 30 days after the date on which the
				Administrator received the written request for a determination.
4. If the determination of the Administrator
				does not resolve the problem, the applicant or the recipient may, within 10
				business days after the date the Administrator issues the determination, submit
				a written request to the Director for a review of the determination of the
				Administrator. The Director shall issue a determination not later than 30 days
				after the date on which the Director received the written request for a review.
				An applicant or recipient may not appeal a determination of the Director. Such
				a determination is the final remedy available to the aggrieved applicant or
				recipient.
5. As used in this
				section, "Director" means the Director of the State Department of Conservation
				and Natural Resources.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98; A by Environmental Comm'n by R128-04,
				  2-14-2005
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › General Provisions › Section 445A.6756 - Resolution of conflicting requirements; severability of provisions

Current through June 11, 2024
1. To the extent that any of the provisions
				of NAC 445A.6751 to 445A.67644, inclusive, conflict with any of the provisions
				of NAC 445A.450 to 445A.6731, inclusive, the provisions of NAC 445A.450 to
				445A.6731, inclusive, prevail.
2.
				If any of the provisions of NAC 445A.6751 to 445A.67644, 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.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98; A by Environmental Comm'n by R128-04,
				  2-14-2005
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Preliminary Procedures for Financing Water Projects and Other Authorized Activities › Section 445A.67561 - Eligibility for short-term or long-term loan for certain types and costs of water projects; limitations; extension of long-term loan

Current through June 11, 2024
1. The Division shall provide an applicant
				with a principal forgiveness loan, short-term loan or long-term loan from the
				Account for the Revolving Fund for a water project pursuant to the criteria set
				forth in this chapter and chapter 445A of NRS.
2. The Division shall determine the
				eligibility of a water project to receive a loan from the Account for the
				Revolving Fund before the Division establishes the priority list pursuant to
				NAC 445A.67567 to
				445A.67571, inclusive.
3. Any change made by an applicant to the
				design of the proposed water project which the applicant makes after the
				Division has determined that the water project is eligible for a loan, but
				before the Board for Financing Water Projects has committed to a loan contract,
				must be reported by the applicant to the Division not later than 15 days after
				the applicant changes the design. The Division may decide that a water project
				is no longer eligible for a loan based upon the design changes.
4. Water projects that are eligible for a
				loan from the Account for the Revolving Fund are limited to systems which are
				not owned by the Federal Government that are:
(a) Publicly or privately owned community
				water systems; or
(b) Nonprofit,
				noncommunity water systems.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Preliminary Procedures for Financing Water Projects and Other Authorized Activities › Section 445A.67562 - Eligibility for short-term loan for certain costs of water project; incorporation of loans

Current through June 11, 2024
1. An applicant is
				eligible to receive a short-term loan from the Account for the Revolving Fund
				for costs concerning:
(a) Planning and
				engineering to:
(1) Determine the causes of a
				problem of a public water system;
(2) Define potential solutions to a problem
				of a public water system; and
(3)
				Develop the information for the letter of intent required pursuant to NAC
				445A.67577.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Preliminary Procedures for Financing Water Projects and Other Authorized Activities › Section 445A.67563 - Ineligibility for financial assistance for certain costs associated with water project

Current through June 11, 2024
Unless expressly authorized by the EPA, the Division shall
				  not provide financial assistance from the Account for the Revolving Fund for
				  the following costs associated with a water project:
1. The construction or rehabilitation of a
				dam;
2. The purchase of water
				rights, unless the water rights are owned by a public water system that is
				being purchased in an effort to consolidate as part of a program to develop the
				capability of a water system;
3.
				The construction or rehabilitation of a reservoir other than:
(a) A finished water reservoir; or
(b) A reservoir that is part of the treatment
				process and is located on the property where the treatment facility is
				located;
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Preliminary Procedures for Financing Water Projects and Other Authorized Activities › Section 445A.67564 - Eligibility for money to refinance water project

Current through June 11, 2024
An applicant is eligible to refinance a water project using
				  money from the Account for the Revolving Fund if the current debt obligation
				  satisfies the requirements of
				  42
				  U.S.C. §
										300j - 12(f)(2).
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Preliminary Procedures for Financing Water Projects and Other Authorized Activities › Section 445A.67565 - Proposal for allotment of money for certain activities; use of money; application for capitalization grant; work plans

Current through June 11, 2024
1.
				Pursuant to the requirements of
				42
				U.S.C. §§
										300j - 12(g)(2) and
				300j
				- 12(k), the Division shall, at least annually, draft a proposal which sets
				forth the amount of money that the Division will allot from the EPA allotment
				of available Safe Drinking Water Act funds for the various activities
				identified in the Account for Set-Aside Programs.
2. The Division shall provide for a public
				participation process to:
(a) Review a draft
				of the intended use plan for the Account for Set-Aside Programs; and
(b) Obtain and review comments and proposals
				concerning the use of funds allocated to the Account for Set-Aside
				Programs.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Preliminary Procedures for Financing Water Projects and Other Authorized Activities › Section 445A.67566 - Solicitation and submission of proposals for water projects and requests to remain on priority list; duties following receipt; preapplications

Current through June 11, 2024
1. At least annually, the Division shall
				solicit from public water systems:
(a)
				Proposals in the form of preapplications for water projects; and
(b) Requests, from each applicant whose water
				project is currently on a priority list, to be included on the next priority
				list. If an applicant has prepared an updated estimate of the cost for the
				water project, the applicant shall submit the updated estimate of the cost for
				the water project with the request to be included on the next priority
				list.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Preliminary Procedures for Financing Water Projects and Other Authorized Activities › Section 445A.67567 - Priority list: Development; consideration of water projects for funding; revision

Current through June 11, 2024
1. At least
				annually, the Division shall develop a statewide priority list of water
				projects from the solicitation process described in NAC
				445A.67566. The Division shall
				prioritize the list to achieve water quality and public health goals consistent
				with the requirements of the Safe Drinking Water Act.
2. Only those projects that are included on
				the priority list will be considered for possible funding. Placement on the
				priority list does not guarantee that a project will receive funding.
3. If the Division receives a preapplication
				or a request to remain on the priority list pursuant to the provisions of
				subsection 1 of NAC
				445A.67566 after the annual
				statewide priority list of water projects has been developed, except as
				otherwise provided in subsection 4, the Division may, after holding a public
				participation workshop pursuant to NAC
				445A.67558 to allow for a period
				of public review and with the approval of the Board for Financing Water
				Projects, revise the priority list to include the water project.
4. Pursuant to subsection 2 of NAC
				445A.67566, if the Division
				receives a proposal in the form of a preapplication for a water project to
				address an emergency situation after the annual statewide priority list of
				water projects has been developed, the Division may, with the approval of the
				Board for Financing Water Projects, revise the priority list to include the
				water project without holding a public participation workshop pursuant to NAC
				445A.67558.
5. The Division may at any time after
				receiving approval from the Board for Financing Water Projects revise the
				ranking of a water project on a priority list if the Division receives
				information concerning a water project that was not available at the time the
				list was developed.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98; A by Environmental Comm'n by R128-04,
				  2-14-2005; A by
				  R109-22A,
				  eff. 12/29/2022
NRS 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Preliminary Procedures for Financing Water Projects and Other Authorized Activities › Section 445A.67568 - Priority list: Considerations; contents

Current through June 11, 2024
1.
				When establishing the priority list, the Division shall consider:
(a) The needs of the public water
				system;
(b) The types of corrective
				actions that are necessary to comply with state law or regulations;
(c) Any relevant court orders concerning the
				public water system;
(d) The total
				amount of money available in the Account for the Revolving Fund; and
(e) Any other factors necessary to carry out
				the provisions of NAC 445A.67569, 445A.6757 and 445A.67571.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Preliminary Procedures for Financing Water Projects and Other Authorized Activities › Section 445A.6757 - Priority list: Approval required; public review and comment; development of final or revised list; correction of minor errors

Current through June 11, 2024
1. Except as otherwise provided in subsection
				4, the priority of water projects determined by the Division pursuant to NAC
				445A.67567 to
				445A.67571, inclusive, is
				subject to the approval of the Board for Financing Water Projects.
2. Except as otherwise provided in subsection
				4 and subsection 4 of NAC
				445A.67558, the Division shall
				hold a public participation workshop pursuant to NAC
				445A.67558 to allow for a period
				of public review of and to comment on its proposed priority list or a revised
				priority list.
3. The Division
				shall consider comments and recommendations made in the public participation
				process in developing its final priority list or a revised priority list to be
				presented to the Board for Financing Water Projects.
4. The Division may, without obtaining the
				approval of the Board for Financing Water Projects or holding a public
				participation workshop, revise a priority list to correct minor typographical
				or technical errors.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98; A by Environmental Comm'n by R128-04,
				  2-14-2005; A by
				  R109-22A,
				  eff. 12/29/2022
NRS 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Preliminary Procedures for Financing Water Projects and Other Authorized Activities › Section 445A.67571 - Priority list: Submission for approval; objections to ranking of water projects

Current through June 11, 2024
1. After the
				Division holds a public participation workshop, if such a workshop is required
				pursuant to NAC
				445A.67568, and at least 3
				working days before the meeting of the Board for Financing Water Projects, the
				Division shall submit the priority list to the Board for review and possible
				approval.
2. Any objection to the
				proposed priority list that is not resolved by the Division before the meeting
				of the Board for Financing Water Projects may be made orally at the meeting of
				the Board.
3. A priority list
				becomes finalized after approval by the Board for Financing Water
				Projects.
Added to
				  NAC by Bd. of Health by R067-98, eff. 7-23-98; A by
				  R099-14,
				  eff. 10/24/2014; A by
				  R109-22A,
				  eff. 12/29/2022
NRS 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Preliminary Procedures for Financing Water Projects and Other Authorized Activities › Section 445A.67573 - Bypassing water project on priority list

Current through June 11, 2024
1. The
				Division may bypass a water project on the priority list:
(a) If the Division determines that the water
				project is not ready to proceed or the applicant for the project:
(1) Withdraws the water project; or
(2) Fails to file a letter of intent as
				required pursuant to NAC
				445A.67577 and
				445A.67578;
				or
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Preliminary Procedures for Financing Water Projects and Other Authorized Activities › Section 445A.67574 - Intended use plan: Incorporation of priority list; inclusion in application for capitalization grant agreement

Current through June 11, 2024
The priority list approved by the Board for Financing Water
				  Projects will be incorporated into the intended use plan developed pursuant to
				  NAC 445A.67575 and 445A.67576 and submitted with other required information to
				  the EPA in the application for the annual capitalization grant agreement or an
				  amendment to a capitalization grant agreement for the Account for the Revolving
				  Fund.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Preliminary Procedures for Financing Water Projects and Other Authorized Activities › Section 445A.67575 - Intended use plan: Preparation; contents

Current through June 11, 2024
An intended use plan must be prepared by the Division which
				  describes how all money deposited into the Account for the Revolving Fund and
				  the Account for Set-Aside Programs will be used. The intended use plan must
				  include a description of:
1. How all
				money that is made available to the Account for the Revolving Fund and the
				Account for Set-Aside Programs will be used, including, without limitation,
				money from the following sources:
(a)
				Capitalization grants; and
(b)
				State matching funds, including, without limitation, gifts, appropriations,
				contributions, grants and bequests of money from any public or private
				source;
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Preliminary Procedures for Financing Water Projects and Other Authorized Activities › Section 445A.67576 - Intended use plan: Public review and comment; availability of final plan

Current through June 11, 2024
1. The Division shall conduct a public
				participation process to obtain public comment and review before finalizing its
				intended use plan.
2. Copies of the
				final intended use plan containing the information set forth in NAC 445A.67575
				must be made available in the offices of the Division, or its successor, and
				posted on the Internet website of the Division.
Added to
				  NAC by Bd. of Health by R067-98, eff. 7-23-98; A by Environmental Comm'n by
				  R128-04, 2-14-2005; A by
				  R099-14,
				  eff. 10/24/2014
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Preliminary Procedures for Financing Water Projects and Other Authorized Activities › Section 445A.67577 - Notification of applicant; filing of letter of intent

Current through June 11, 2024
After the priority list is approved by the Board for
				  Financing Water Projects pursuant to NAC 445A.67571, each applicant on the
				  priority list that wishes to proceed with an application for financial
				  assistance for a proposed water project must file with the Division a letter of
				  intent meeting the requirements of NAC 445A.67578.
Added to
				  NAC by Bd. of Health by R067-98, eff. 7-23-98; A by Environmental Comm'n by
				  R128-04, 2-14-2005; A by R099-14, eff. 10/24/2014
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Preliminary Procedures for Financing Water Projects and Other Authorized Activities › Section 445A.67578 - Letter of intent: Contents; mailing; effect when intent to proceed with project

Current through June 11, 2024
1. The letter of
				intent required pursuant to NAC
				445A.67577 must include:
(a) The name, postal address, electronic mail
				address and telephone number of each applicant;
(b) The title or name, the location and a
				brief description of the proposed water project, including, without limitation,
				maps or preliminary plans;
(c) The
				number of residential service connections with population served and the number
				of nonresidential service connections with population served;
(d) A preliminary estimate of the cost of the
				water project improvement and any additional costs necessary for financing the
				water project improvement;
(e)
				Preliminary environmental information on a form provided by the
				Division;
(f) A description of
				future improvements planned by the applicant, if any, that are not part of the
				capital improvement for which the application is made;
(g) A brief description of how the water
				project improvement would make the system comply with the requirements for
				public water systems;
(h) A
				statement that the plan of water conservation adopted pursuant to
				NRS
				540.121 to
				540.151, inclusive, or
				704.662,
				704.6622 and
				704.6624 will be, or has been,
				filed with the appropriate regulatory body before receipt of the
				loan;
(i) The anticipated schedule
				for filing an application;
(j) A
				request to determine whether the water project is eligible for a categorical
				exclusion;
(k) Whether the
				applicant requests a preapplication conference with the Division;
(l) Any additional information required by
				the Division; and
(m) A brief
				description of any material changes to the water project that were proposed in
				the preapplication.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Preliminary Procedures for Financing Water Projects and Other Authorized Activities › Section 445A.67579 - Preapplication conference

Current through June 11, 2024
The Division shall schedule a preapplication conference
				  if:
1. The applicant requests a
				preapplication conference with the Division in the letter of intent filed
				pursuant to the provisions of NAC 445A.67578; or
2. The Division determines for good cause
				that a preapplication conference is needed.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98; A by Environmental Comm'n by R128-04,
				  2-14-2005
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.6758 - Initiation of process of environmental review; preparation of plan for water project; prerequisite to offer of loan contract; changes in water project or environmental conditions

Current through June 11, 2024
1. The Division
				shall initiate the process of environmental review after:
(a) Receiving a letter of intent from the
				applicant pursuant to the provisions of NAC 445A.67577 and 445A.67578;
				and
(b) The applicant informs the
				Division that the applicant is ready to proceed with the water
				project.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.67581 - Conduct of new process of environmental review after completion of prior environmental review for water project

Current through June 11, 2024
1. If the Division
				determines that an applicant has completed an environmental review for a water
				project:
(a) Within 5 years before the date on
				which the applicant notifies the Division that the applicant is ready to
				proceed with the water project pursuant to the provisions of NAC 445A.6758;
				and
(b) That substantially complies
				with the provisions of NAC 445A.6758 to 445A.67612, inclusive,
the Division may not require the applicant to conduct a new
				  process of environmental review pursuant to the provisions of NAC 445A.6758 to
				  445A.67612, inclusive.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.67582 - Categorical exclusion: Review of request; determination by Division

Current through June 11, 2024
1. The Division shall review a request by an
				applicant for a categorical exclusion based on the environmental information
				provided by the applicant pursuant to paragraph (e) of subsection 1 of NAC
				445A.67578 and any other relevant information that is submitted to the Division
				to determine whether:
(a) The water project is
				eligible for a categorical exclusion; or
(b) The Division shall require the applicant
				to file an environmental assessment pursuant to NAC 445A.67587.