reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.781 - Audit of financial records relating to project

Current through June 11, 2024
1.
				Whenever an audit is required by federal law or by an agency of the Federal
				Government, or whenever it determines that an audit is necessary to ensure the
				integrity of the fund, the Division may require that an audit be performed of
				financial records relating to a project.
2. Any audit required pursuant to this
				section must be performed at the expense of the recipient by a certified public
				accountant who is independent of the recipient.
3. A report of the audit must be prepared by
				the auditor in the form prescribed by the Division.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42154
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.782 - Use of value engineering

Current through June 11, 2024
1. The applicant
				shall conduct value engineering if the total estimated cost of building the
				treatment works is more than $10,000,000.
2. Any recommendations derived from the value
				engineering must be implemented to the extent feasible.
3. As used in this section, "value
				engineering" means a specialized technique for controlling costs which uses a
				systematic and creative approach to identify and to focus on any unnecessary
				cost to reduce the cost of a project without affecting the reliability or
				efficiency of the project.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42155
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.783 - Projects involving collection system work

Current through June 11, 2024
If a project involves collection system work, that
				  work:
1. Must be for the replacement
				or major rehabilitation of an existing collection system and must be necessary
				to the integrity and performance of the complete waste treatment system;
				or
2. Must be for a new
				cost-effective collection system in an existing community which has sufficient
				existing or planned capacity to adequately treat such collected wastewater.
				Collection systems which primarily serve undeveloped areas are not eligible for
				financial assistance. If assistance is awarded, the recipient shall provide
				assurances that the existing population will connect to the collection system
				within a reasonable time after completion of the project.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42156
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.784 - Assurance of access to privately owned individual system

Current through June 11, 2024
An applicant for a privately owned individual system shall
				  provide assurance of access to the system at all reasonable times for such
				  purposes as inspection, monitoring, building, operating, rehabilitation and
				  replacement.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42157
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.785 - Amount of infiltration and inflow into sewer system

Current through June 11, 2024
1. Except as otherwise provided in this
				subsection, an applicant shall demonstrate to the satisfaction of the Division
				that each sewer system discharging into the proposed treatment works project is
				not or will not be subject to excessive infiltration or inflow. Inflow into
				combined sewers shall not be considered excessive in any event.
2. If the rate of inflow results or will
				result in chronic operational problems, the applicant shall perform a study of
				the sewer system to determine the quantity of excessive inflow and propose a
				program to eliminate the problem.
3. If the applicant believes that any
				specific portion of the sewer system is subject to excessive infiltration, the
				applicant may confirm that belief through a cost-effect analysis and propose a
				program of rehabilitation to eliminate the problem.
4. If an existing sewer system is subject to
				excessive operation and maintenance costs, overflows or blockages because of
				deterioration or overloading of the system, the applicant may perform an
				analysis of the system and propose a program of sewer replacement to eliminate
				or substantially reduce the problem.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42158
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.786 - Approval of system of user charges or ordinance governing sewer use

Current through June 11, 2024
An applicant must obtain the approval of the Division for any
				  system of user charges or ordinance governing sewer use. If any such system or
				  ordinance is in effect, the applicant shall demonstrate to the satisfaction of
				  the Division that it complies with the requirements of NAC 445A.787 or NAC
				  445A.788 and 445A.789, as appropriate, and is enforced.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42159
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.787 - Requirements for ordinance governing sewer use

Current through June 11, 2024
An ordinance governing sewer use must:
1. Prohibit any new connections from inflow
				sources into treatment works;
2.
				Require that new sewers and connections to treatment works be properly designed
				and constructed; and
3. Require
				that all wastewater introduced into the treatment works not contain toxic or
				other pollutants in amounts or concentrations that:
(a) Endanger the safety of the public or the
				physical integrity of the treatment works; or
(b) Violate effluent or water quality
				limitations.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.788 - Requirements for system of user charges

Current through June 11, 2024
A system of user charges must:
1. Be designed to produce the money required
				for costs of operation, maintenance and replacement of treatment
				works;
2. Provide that each user
				who discharges pollutants which cause an increase in the cost of managing the
				effluent or sludge from the treatment works shall pay for the increased
				cost;
3. Provide that each user or
				class of users shall pay its share of the cost of operation, maintenance and
				replacement of treatment works within the service area of the applicant, based
				upon the proportionate contribution by the user or class to the total
				wastewater load;
4. Provide that
				each user will be notified at least annually, in conjunction with a regular
				bill or other means acceptable to the Division, of that portion of the bill
				attributable to the costs of operation, maintenance and replacement;
				and
5. Include an adequate system
				of financial management that will account accurately for revenues generated by
				the system and expenditures for operation, maintenance and replacement based on
				an adequate budget identifying the basis for determining the annual operation
				and maintenance costs and the costs of personnel, material, energy and
				administration.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42161
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.789 - Adoption of system of user charges

Current through June 11, 2024
One or more municipal legislative enactments must incorporate
				  the system of user charges. If a project accepts wastewater from other
				  municipalities, the subscribers receiving waste treatment services from the
				  recipient shall adopt a system of user charges meeting the requirements of NAC
				  445A.788. This system must be incorporated in an appropriate legislative
				  enactment by each municipality contributing wastes to the treatment
				  works.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42162
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.790 - Effect of system of user charges on inconsistent agreements

Current through June 11, 2024
A system of user charges supersedes any agreement or contract
				  to the extent the agreement or contract is inconsistent with any provision of
				  NAC 445A.788 or 445A.789.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42163
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.791 - Periods for adoption and implementation of sewer use ordinance and system of user charges

Current through June 11, 2024
A recipient shall adopt its sewer use ordinance and implement
				  its system of user charges before the treatment works is placed in operation.
				  The recipient shall implement the system of user charges and sewer use
				  ordinance during the entire useful life of the treatment works.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42164
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.792 - Approval of award of contract for construction relating to project; resolution of disputes regarding bidding

Current through June 11, 2024
1. Before awarding
				any construction contract relating to a project, an applicant for financial
				assistance shall submit to the Division, in the form prescribed by it, a
				request for approval of the award.
2. The Division may approve the award of the
				contract only to the lowest responsive, responsible bidder. The Division shall
				also review the request for approval to ensure that the applicant, his or her
				consultants and his or her contractors have complied with the positive effort
				policies relating to disadvantaged businesses.
3. The Division shall not participate in the
				resolution of any dispute relating to bidding. The resolution of any such
				dispute is the sole responsibility of the applicant. A request for approval
				must not be granted until any such dispute has been resolved.
4. A request for approval must not be granted
				until it can be demonstrated that the project is consistent with approved water
				management plans and that a valid discharge permit has been issued for the
				project.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42165
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.793 - Period for award of prime construction contract; extension of period

Current through June 11, 2024
1. Except as otherwise provided in subsection
				2, a recipient of financial assistance shall award the prime construction
				contract within 90 days after the Division approves the award of the contract.
				If the contract is not awarded within that time, the agreement for financial
				assistance is null and void.
2. The
				Division may, upon the request of a recipient, grant an extension of the time
				provided by subsection 1 in any case where unusual or extenuating circumstances
				exist. Any request for an extension must be made in writing and must set forth
				facts justifying the extension.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90; A by R115-10, 1-13-2011-Substituted in
				  revision for NAC 445.42166
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.794 - Compliance with federal and state law regarding labor and wages

Current through June 11, 2024
1. A recipient of financial assistance shall
				comply with the provisions of the Davis-Bacon Act, 40 U.S.C. §§ 276 a
				et seq., if they apply, and the provisions of NRS
				NRS 338.010 to
				338.090,
				inclusive.
2. The Division shall
				review the final contract documents to verify that the proper federal and state
				wage determinations have been included.
3. The recipient is responsible for assuring
				compliance with all applicable labor laws.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42167
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.795 - Participation by disadvantaged businesses: Generally

Current through June 11, 2024
1. An
				applicant for financial assistance shall comply with the requirements of
				federal law concerning the participation of disadvantaged businesses.
2. Each recipient of financial assistance
				shall attempt to comply with the fair share percentages established annually
				for disadvantaged businesses by the Division and the United States
				Environmental Protection Agency. Any recipient not meeting these goals shall
				submit evidence of compliance with the affirmative steps identified in NAC
				445A.796.
3. An applicant for
				financial assistance shall submit with his or her request for approval of an
				award a report, in the form prescribed by the Division, of participation by
				disadvantaged businesses. If the low bidder on any construction contract does
				not meet the fair share requirements for disadvantaged businesses, the
				applicant shall submit to the Division evidence of compliance by the bidder
				with the affirmative steps identified in NAC 445A.796.
4. A recipient of financial assistance shall
				submit to the Division, in the form prescribed by the Division, a report of
				participation by disadvantaged businesses following any quarter during which
				any procurement of $10,000 or more is executed for the project. As used in this
				subsection, "quarter" means a quarter in the federal fiscal year.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42168
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.796 - Participation by disadvantaged businesses: Awarding of subcontracts

Current through June 11, 2024
If the contractor for a project awards any subcontracts
				  relating to the project, he or she shall take affirmative steps to ensure that
				  disadvantaged businesses are used to the extent possible as sources of
				  supplies, equipment, construction and services. These affirmative steps must
				  include:
1. Including such businesses
				on solicitation lists.
2. Assuring
				that such businesses are solicited if they are potential sources.
3. Dividing total requirements, if
				economically feasible, into small tasks or quantities to permit maximum
				participation by disadvantaged businesses.
4. Using the services of Nevada Economic
				Development Company and the Nevada Office of Small Business to locate
				disadvantaged businesses capable of performing the work to be
				subcontracted.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42169
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.797 - Notification of Division regarding steps in construction and beginning of operation of project

Current through June 11, 2024
A recipient of financial assistance shall notify the Division
				  promptly in writing of:
1. The award
				of the prime construction contract for the project.
2. The beginning of construction of the
				project, stating the date on which he or she anticipates construction will be
				completed.
3. Any substantial
				change in the scope of the project. No such change may be undertaken until it
				has been approved in writing by the Division.
4. The cessation of all major construction
				work on the project, in any case where the cessation of work is expected to or
				does continue for 30 days or more.
5. Any circumstance or condition that is
				expected to or does delay the completion of construction for 90 days or more
				after the anticipated date of completion reported pursuant to subsection
				2.
6. The completion of
				construction of the project.
7. The
				beginning of the operation of the project.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.4217
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.798 - Entry by representative of Division onto site of project

Current through June 11, 2024
During the construction of a project, the recipient shall
				  permit any authorized representative of the Division to enter onto the site of
				  the project at any reasonable time.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42171
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.799 - Oversight inspections; final construction inspection

Current through June 11, 2024
1. The Division may conduct oversight
				inspections during the construction of a project. The primary purpose of any
				such inspection must be to ascertain that the recipient is constructing the
				project according to applicable contract requirements. The first inspection
				must normally be conducted at the time the project is 10 percent complete.
				Subsequent inspections must be conducted only if they are deemed necessary by
				the Division.
2. The Division shall
				conduct a final construction inspection of each project. The primary purpose of
				this inspection must be to ascertain that the project has been constructed
				according to the approved plans and specifications and to ensure that required
				mitigation measures have been implemented. At the time of the inspection, the
				completion date for the project must be established for the purpose of
				beginning the 1-year period for certification of the performance of the
				project.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42172
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.800 - Submission of copies of change orders

Current through June 11, 2024
A copy of each executed change order must be submitted to the
				  Division.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42173
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.801 - Submission and approval of operation and maintenance manual for project

Current through June 11, 2024
Before a project is 90 percent completed, a recipient shall
				  submit to the Division an operation and maintenance manual for the project. Not
				  more than 90 percent of the total financial assistance for the project may be
				  provided until the manual has been reviewed and approved by the
				  Division.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42174
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.802 - Submission of set of as-built drawings of project

Current through June 11, 2024
A recipient shall supply the Division with one set of
				  as-built drawings of the project.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42175
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.803 - Certification of performance of project; corrective action

Current through June 11, 2024
1. The Division shall establish, in
				consultation with each recipient, the date that project operations are capable
				of being initiated for the purpose of establishing the procedure for
				certification of the performance of the project.
2. Before any certification of performance
				for a project is submitted, the Division shall conduct an inspection of the
				project to ensure that its facilities are operating and capable of meeting
				discharge standards.
3. After a
				project has been in operation for 1 year, the recipient shall submit a
				certification that the project meets or fails to meet performance standards.
				The project must comply with all applicable design specifications and, except
				for a nondischarging project, all applicable effluent requirements. Any
				nondischarging project must, where appropriate, meet requirements for the
				elimination of overflows and the reduction of infiltration or inflow. At the
				request of a recipient, the Division shall assist in developing applicable
				performance standards.
4. If the
				project cannot be affirmatively certified, the recipient shall prepare a report
				of corrective action which includes an analysis of the cause of the failure of
				the project to meet performance standards and an estimate of the nature, scope
				and cost of necessary corrective action. The Division shall conduct follow-up
				inspections as necessary to determine whether the project meets performance
				standards. The cost of any corrective action is not eligible for financial
				assistance.
5. As used in this
				section, "performance standards" means the criteria used to evaluate the
				compliance of a project with the requirements contained in design
				specifications and a discharge permit.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42176
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.804 - Notification of claims arising from or related to project

Current through June 11, 2024
A recipient shall notify the Division of any claims against
				  the owner, the engineer, the contractor or any subcontractor arising from or
				  related to the project.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42177
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.805 - Approval required to abandon, discontinue use of or dispose of project

Current through June 11, 2024
A recipient shall not abandon, substantially discontinue his
				  or her use of, or dispose of a project during its useful life without the prior
				  written approval of the Division.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42178
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.810 - Definitions

Current through June 11, 2024
As used in NAC 445A.810 to 445A.925, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 445A.811 to
				  445A.840, inclusive, have the meanings ascribed to them in those
				  sections.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87; A 10-21-87; R042-01,
				  10-25-2001
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.811 - "Application" defined

Current through June 11, 2024
"Application" means the form provided by the Division that is
				  used to apply for a permit for underground injection, including any
				  modifications of or additions to the form.
Added to NAC by
				  Environmental Comm'n, eff. 10-21-87; A by R042-01,
				  10-25-2001
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.812 - "Aquifer" defined

Current through June 11, 2024
"Aquifer" means a geological formation, group of formations
				  or part of a formation capable of yielding a significant amount of water to a
				  well or spring.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.4221
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.813 - "Area of review" defined

Current through June 11, 2024
"Area of review" means the area surrounding an injection well
				  as determined pursuant to NAC 445A.897 and 445A.898.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.42215
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.814 - "Casing" defined

Current through June 11, 2024
"Casing" means a pipe or tubing which is lowered into a
				  borehole during or after drilling to:
1. Support the sides of the hole and prevent
				the walls from collapsing;
2.
				Prevent loss of drilling mud into porous ground; or
3. Prevent water, gas or other fluids from
				entering or leaving the hole.
Added to NAC by
				  Environmental Comm'n, eff. 10-21-87-Substituted in revision for NAC
				  445.4222
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.815 - "Catastrophic collapse" defined

Current through June 11, 2024
"Catastrophic collapse" means a sudden and complete failure
				  of overlying strata caused by the removal of underlying materials.
Added to NAC by
				  Environmental Comm'n, eff. 10-21-87-Substituted in revision for NAC
				  445.42225
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.816 - "Cementing" defined

Current through June 11, 2024
"Cementing" means the pumping of cement into a drilled hole
				  or the forcing of cement behind the casing.
Added to NAC by
				  Environmental Comm'n, eff. 10-21-87-Substituted in revision for NAC
				  445.4223
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.8163 - "Cesspool" defined

Current through June 11, 2024
"Cesspool" means a drywell which receives untreated sanitary
				  waste containing human excreta and which may have an open bottom or perforated
				  sides, or both.
Added to NAC by
				  Environmental Comm'n by R042-01, eff. 10-25-2001
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.8167 - "Community water system" defined

Current through June 11, 2024
"Community water system" has the meaning ascribed to it in
				  40 C.F.R. §
										144.86(d), as that section
				  existed on July 1, 2000.
Added to NAC by
				  Environmental Comm'n by R042-01, eff. 10-25-2001
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.817 - "Confining zone" defined

Current through June 11, 2024
"Confining zone" means a geological formation, group of
				  formations or part of a formation capable of limiting the movement of fluids
				  from a zone of injection.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.42235
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.818 - "Contaminant" defined

Current through June 11, 2024
"Contaminant" has the meaning ascribed to it in NRS
				  NRS
				  445A.325.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.4224
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.819 - "Degrade" defined

Current through June 11, 2024
"Degrade" means to cause or create an increase in the amount
				  or concentration of any substance in an underground source of drinking water to
				  an extent that:
1. A regulation
				prescribing primary drinking water standards or secondary maximum contaminant
				levels is violated; or
2. The
				Director finds that the existing or potential municipal, industrial, domestic
				or agricultural use of that water is impaired.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC 445.42245; A
				  by
				  R101-16A,
				  eff. 12/21/2016
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.8195 - "Delineate" defined

Current through June 11, 2024
"Delineate" means the first step in the assessment process
				  pursuant to which the boundaries of a groundwater protection area are
				  identified as a part of the source water assessment and protection program of
				  this State.
Added to NAC by
				  Environmental Comm'n by R042-01, eff. 10-25-2001
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.820 - "Department" defined

Current through June 11, 2024
"Department" means the State Department of Conservation and
				  Natural Resources.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.4225
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.821 - "Director" defined

Current through June 11, 2024
"Director" means the Director of the Department or the
				  Director's designated agent.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.42255
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.8213 - "Division" defined

Current through June 11, 2024
"Division" means the Division of Environmental Protection of
				  the Department.
Added to NAC by
				  Environmental Comm'n by R042-01, eff. 10-25-2001
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.8217 - "Drywell" defined

Current through June 11, 2024
"Drywell" means a well, other than an improved sinkhole or a
				  subsurface fluid distribution system, that is completed above the water table
				  so that the bottom and sides of the well are typically dry except when
				  receiving fluids.
Added to NAC by
				  Environmental Comm'n by R042-01, eff. 10-25-2001
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.822 - "Fault" defined

Current through June 11, 2024
"Fault" means a surface or zone of fractured rock along which
				  displacement has occurred.
Added to NAC by
				  Environmental Comm'n, eff. 10-21-87-Substituted in revision for NAC
				  445.4226
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.823 - "Fluid" defined

Current through June 11, 2024
"Fluid" means any material or substance which flows or moves
				  whether in a semisolid, liquid, sludge, gaseous or other form or state.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.42265
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.824 - "Formation" defined

Current through June 11, 2024
"Formation" means a body of rock characterized by a degree of
				  lithologic homogeneity which is prevailingly tabular and is mappable on the
				  earth's surface or traceable in the subsurface.
Added to NAC by
				  Environmental Comm'n, eff. 10-21-87-Substituted in revision for NAC
				  445.4227
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.825 - "Groundwater" defined

Current through June 11, 2024
"Groundwater" means water below the surface of the land which
				  is in a zone of saturation.
Added to NAC by
				  Environmental Comm'n, eff. 10-21-87-Substituted in revision for NAC
				  445.42275
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.8255 - "Groundwater protection area" defined

Current through June 11, 2024
"Groundwater protection area" means a geographic area that
				  is:
1. Near to or surrounding public
				water wells, including, without limitation, community water systems and
				nontransient noncommunity water systems that use groundwater as a source of
				drinking water; and
2. Delineated
				as a groundwater protection area pursuant to the source water assessment and
				protection program of this State.
Added to NAC by
				  Environmental Comm'n by R042-01, eff. 10-25-2001
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.826 - "Hazardous waste" defined

Current through June 11, 2024
"Hazardous waste" means a waste defined as such under the
				  Resource Conservation and Recovery Act,
				  42 U.S.C. §§
										6901 et seq., as those sections existed on
				  June 1, 2001.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87; A by R042-01,
				  10-25-2001
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.8263 - "Improved sinkhole" defined

Current through June 11, 2024
"Improved sinkhole" means a naturally occurring karst
				  depression or other natural crevice found in volcanic terrain and other
				  geologic settings that has been modified by humans to direct or emplace fluid
				  into the subsurface.
Added to NAC by
				  Environmental Comm'n by R042-01, eff. 10-25-2001
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.8267 - "Injection" defined

Current through June 11, 2024
"Injection" means the subsurface emplacement of fluids
				  through a well.
Added to NAC by
				  Environmental Comm'n by R042-01, eff. 10-25-2001
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.827 - "Injection well" defined

Current through June 11, 2024
"Injection well" means a well used for the subsurface
				  emplacement of fluids, except fluids associated with active drilling.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87; A 10-21-87; R042-01,
				  10-25-2001
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.828 - "Mechanical integrity" defined

Current through June 11, 2024
"Mechanical integrity" means a condition of an injection well
				  where there is:
1. No significant
				leakage in the casing, tubing or packer; and
2. No significant movement of a fluid into an
				underground source of drinking water through vertical channels adjacent to the
				well bore.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.4229
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.8282 - "Motor vehicle waste disposal well" defined

Current through June 11, 2024
"Motor vehicle waste disposal well" means a well that
				  receives or has received fluids from the repair and maintenance of vehicles,
				  including, without limitation, fluids from an auto body repair shop, an
				  automotive repair shop, a new or used car dealership, a specialty repair shop
				  or any other facility that repairs or maintains vehicles.
Added to NAC by
				  Environmental Comm'n by R042-01, eff. 10-25-2001
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.8285 - "Nontransient noncommunity water system" defined

Current through June 11, 2024
"Nontransient noncommunity water system" has the meaning
				  ascribed to it in
				  40 C.F.R. §
										144.86(e), as that section
				  existed on July 1, 2000.
Added to NAC by
				  Environmental Comm'n by R042-01, eff. 10-25-2001
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.8287 - "Other sensitive groundwater area" defined

Current through June 11, 2024
"Other sensitive groundwater area" means an area which has
				  been identified as critical to protecting underground sources of drinking water
				  from contamination, but which has not been delineated as a groundwater
				  protection area.
Added to NAC by
				  Environmental Comm'n by R042-01, eff. 10-25-2001
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.829 - "Packer" defined

Current through June 11, 2024
"Packer" means a device lowered into a well to produce a seal
				  which is fluid-tight.
Added to NAC by
				  Environmental Comm'n, eff. 10-21-87-Substituted in revision for NAC
				  445.42295
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.830 - "Permit" defined

Current through June 11, 2024
"Permit" means an authorization, license or other document
				  which is issued by the Director to carry out the provisions of NAC 445A.810 to
				  445A.925, inclusive.
Added to NAC by
				  Environmental Comm'n, eff. 10-21-87-Substituted in revision for NAC
				  445.423
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.831 - "Person" defined

Current through June 11, 2024
"Person" means a natural person, association, partnership,
				  corporation, governmental entity or an agent or employee thereof.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.42305
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.832 - "Plugging" defined

Current through June 11, 2024
"Plugging" means the stoppage of the flow of water, oil or
				  gas into or from a formation through a borehole or well penetrating that
				  formation.
Added to NAC by
				  Environmental Comm'n, 10-21-87-Substituted in revision for NAC
				  445.4231
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.833 - "Radioactive waste" defined

Current through June 11, 2024
"Radioactive waste" means any waste which contains
				  radioactive material in concentrations which exceed those listed in 10 C.F.R.
				  Part 20, Appendix B, Table II Column 2.
Added to NAC by
				  Environmental Comm'n, eff. 10-21-87-Substituted in revision for NAC
				  445.42315
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.8332 - "Sanitary waste" defined

Current through June 11, 2024
"Sanitary waste" means liquid or solid wastes originating
				  solely from humans and human activities, including, without limitation, wastes
				  collected from toilets, showers, washbasins, sinks used for cleaning domestic
				  areas, sinks used for food preparation, operations for washing clothing, and
				  sinks or machines used for washing dishes, glasses and utensils used to serve
				  food or beverages. The sources of such waste include, without
				  limitation:
1. Single or multiple
				residences, hotels and motels, restaurants, bunkhouses, schools, ranger
				stations, crew quarters, guard stations, campgrounds, picnic grounds and
				day-use recreation areas; and
2.
				Commercial and industrial facilities, so long as the waste is not mixed with
				industrial waste.
Added to NAC by
				  Environmental Comm'n by R042-01, eff. 10-25-2001
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.8335 - "Septic system" defined

Current through June 11, 2024
"Septic system" means a well that is used to emplace sanitary
				  waste below the surface and is typically composed of a septic tank and a
				  subsurface fluid distribution system or disposal system.
Added to NAC by
				  Environmental Comm'n by R042-01, eff. 10-25-2001
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.8337 - "Source water assessment and protection program" defined

Current through June 11, 2024
"Source water assessment and protection program" means a
				  program designed by the Bureau of Health Protection Services of the Division of
				  Public and Behavioral Health of the Department of Health and Human Services to
				  protect drinking water sources which is developed in accordance with
				  42 U.S.C. §
										300j-13, as that section existed on July 1,
				  2000, and pursuant to which groundwater protection areas are delineated by
				  conducting local assessments for each public water system, including, without
				  limitation:
1. Delineating the
				boundaries of the areas providing source waters for public water
				systems;
2. Identifying significant
				potential sources of contaminants in such areas;
3. Determining the susceptibility of public
				water systems in delineated areas to those sources of contaminants;
				and
4. Making information
				concerning the assessment process available to the public.
Added to NAC by
				  Environmental Comm'n by R042-01, eff. 10-25-2001
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.834 - "Stimulation of a well" defined

Current through June 11, 2024
"Stimulation of a well" means the following processes used to
				  clean the well bore, enlarge a channel and increase the porosity in the
				  interval to be injected:
1.
				Surging;
2. Jetting;
3. Blasting;
4. Treatment with acid; and
5. Hydraulic fracturing.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.4232
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.835 - "Subsidence" defined

Current through June 11, 2024
"Subsidence" means a lowering of the surface of natural land
				  which is caused by:
1. The movement of
				the earth;
2. A lowering of the
				pressure of fluids;
3. The removal
				of underlying supporting material by mining or solution of solids, artificially
				or by natural causes;
4. A
				compaction of the soil because of wetting (hydrocompaction);
5. Oxidation of organic matter in soils;
				or
6. An increased load on the
				surface of the land.
Added to NAC by
				  Environmental Comm'n, eff. 10-21-87-Substituted in revision for NAC
				  445.42325
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.8355 - "Subsurface fluid distribution system" defined

Current through June 11, 2024
"Subsurface fluid distribution system" means an assemblage of
				  perforated pipes, drain tiles or other similar mechanisms intended to
				  distribute fluids below the surface of the ground.
Added to NAC by
				  Environmental Comm'n by R042-01, eff. 10-25-2001
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.836 - "Total dissolved solids" defined

Current through June 11, 2024
"Total dissolved solids" means the total dissolved solids
				  after filtration as determined by the method specified in 40 C.F.R. Part
				  136.
Added to NAC by
				  Environmental Comm'n, eff. 10-21-87-Substituted in revision for NAC
				  445.4233
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.837 - "Underground source of drinking water" defined

Current through June 11, 2024
"Underground source of drinking water" means all aquifers
				  within this State regardless of the quality of the water, except those exempted
				  pursuant to NAC 445A.850 to 445A.855, inclusive.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.42335
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.838 - "Well" defined

Current through June 11, 2024
"Well" means:
1. A
				bored, drilled or driven shaft with a depth greater than the largest surface
				dimension;
2. A hole which is dug,
				with a depth greater than the largest surface dimension;
3. An improved sinkhole; or
4. A subsurface fluid distribution system,
				not including subsurface fluid distribution systems associated with septic
				systems that have a capacity of 5,000 gallons or less per day.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87; A by R042-01, 10-25-2001; R103-04,
				  2-11-2005
NRS
					 445A.425