reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 445A - Water Controls › ON-SITE SEWAGE DISPOSAL SYSTEMS › Operation and Monitoring of Systems › Section 445A.9666 - Effluent absorption system

Current through June 11, 2024
1. The effluent
				from a septic tank or other treatment unit must be disposed of through a soil
				absorption trench or other effluent absorption system pursuant to NAC 445A.9666
				to 445A.969, inclusive, and approved by the Division or other administrative
				authority.
2. The size and type of
				effluent absorption system required for an on-site sewage disposal system must
				be determined according to:
(a) The
				requirements for the sizing of the septic tank as determined pursuant to NAC
				445A.9656;
(b) The long-term
				acceptance rate calculations made pursuant to NAC 445A.9674; and
(c) The results of percolation tests or other
				soils analyses conducted pursuant to NAC 445A.9668 or 445A.967. The slowest
				percolation rate generated by the percolation tests or other soils analysis
				must be used to determine the required size of the effluent absorption
				area.
Nevada Administrative Code › Chapter 445A - Water Controls › ON-SITE SEWAGE DISPOSAL SYSTEMS › Operation and Monitoring of Systems › Section 445A.9668 - Performance of percolation test

Current through June 11, 2024
1. If a percolation
				test is performed pursuant to NAC 445A.961, the test must be performed by a
				qualified person, including, without limitation, a design engineer, a soils
				scientist or a geologist, approved by the Division or other administrative
				authority, and must be performed in accordance with this section.
2. The percolation test data must be taken
				from a minimum of two test holes in the area of the proposed effluent
				absorption system. The person conducting the percolation test must:
(a) Dig or bore the test holes to the
				proposed depth of the absorption system.
(b) Ensure that the test holes have vertical
				sides and are not less than 4 inches or more than 12 inches in width.
(c) Scratch the bottom and side surfaces of
				the test holes with a sharp or pointed instrument to expose the natural soil
				interface.
(d) Remove all loose
				material from the bottom of the test holes.
(e) Add at least 2 inches of coarse sand or
				gravel aggregate to the bottom of the test holes to prevent scouring.
(f) Remove any soil which sloughs into the
				holes before or during the percolation test.
Nevada Administrative Code › Chapter 445A - Water Controls › ON-SITE SEWAGE DISPOSAL SYSTEMS › Operation and Monitoring of Systems › Section 445A.967 - Determination of soil characteristics using alternative method in lieu of percolation test

Current through June 11, 2024
1. In lieu of
				performing a percolation test, the design engineer, soils scientist or
				geologist performing an investigation of soil characteristics to prepare an
				engineering report pursuant to NAC 445A.961 may include a determination of soil
				characteristics using an alternative method described in one or more of the
				following publications:
(a)
Standard
				Practice for Surface Site Characterization for On-Site Septic Systems
,
				published by ASTM International, document number ASTM D5879-95(2003).
(b)
Standard Practice for Subsurface
				Site Characterization of Test Pits for On-Site Septic Systems
,
				published by ASTM International, document number ASTM
				D5921-96(2003)e1.
(c)
Standard Practice for Soil Investigation and Sampling by Auger
				Borings
, published by ASTM International, document number ASTM
				D1452.07a(2007).
AS The above publications are hereby adopted by reference and
				  are available from ASTM International at 100 Barr Harbor Drive, P.O. Box C700,
				  West Conshohocken, Pennsylvania, 19428-2959, by telephone at (610) 832-9585, by
				  facsimile at (610) 832-9555 or at the Internet address
http://www.astm.org
, for the price of
				  $31 for the publications in paragraphs (a) and (c) and $42 for the publication
				  in paragraph (b).
Nevada Administrative Code › Chapter 445A - Water Controls › ON-SITE SEWAGE DISPOSAL SYSTEMS › Operation and Monitoring of Systems › Section 445A.9672 - Classification of soil types

Current through June 11, 2024
The following is a table which must be used for the
				  classification of soils types:
Click
				  here to view image.
Added to NAC by
				  Environmental Comm'n by R194-07, eff. 8-26-2008
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › ON-SITE SEWAGE DISPOSAL SYSTEMS › Operation and Monitoring of Systems › Section 445A.9674 - Calculation of required size of effluent absorption area

Current through June 11, 2024
1. The required size of the effluent
				absorption area for an on-site sewage disposal system must be calculated based
				on the long-term acceptance rate of the soil at the site, unless the system
				uses an elevated mound system or an intermittent sand filter system for
				effluent absorption. An elevated mound system or an intermittent sand filter
				system must use the table set forth in NAC 445A.9686 for determining the size
				of the absorption area. The long-term acceptance rate, as determined by either
				the percolation rate of the soil or soil texture, must be determined in
				accordance with the following table:
Long-Term Acceptance Rates (LTAR) for Wastewater
Application to Soil Absorption Systems
Percolation Rate (minutes/inch)
Typical Soil Textures
Maximum Loading Rate/LTAR (gallons/square
							 foot/day)
[LESS THEN OR EQUAL TO] 5
Gravel to Coarse to Medium Sand
See NAC 445A.9666
6-10
Fine Sand to Loamy Sand
1.1
11-20
Sandy Loam to Loam
1.0
21-30
Loam
0.7
31-40
Loam to Silty Loam
0.5
41-60
Clay Loam to Clay
0.4
Over 60
Silty Clay Loam/Silty Clay
0.2
2.
				The absorption area required for an on-site sewage disposal system, unless an
				elevated mound system or intermittent sand filter system is used, must be
				calculated as Q/LTAR=A, where:
(a) "A" is the
				absorption area required;
(b) "Q"
				is the average projected daily sewage flow based on septic tank or other
				treatment unit size; and
(c) "LTAR"
				is the long-term acceptance rate of the soil at the site.
For example, if a 3,000 gallon septic tank is proposed and
				  the site consists of loam with a long-term acceptance rate of 0.7 gallons per
				  square foot per day, the calculation would be 3,000 gallons per day divided by
				  0.7 gallons per square foot per day for a total required absorption area of
				  4,286 square feet. Thus, the required septic tank capacity determined from the
				  table set forth in NAC 445A.9656 must be divided by the long-term acceptance
				  rate from the table set forth in this section to determine the minimum
				  absorption area required.
Nevada Administrative Code › Chapter 445A - Water Controls › ON-SITE SEWAGE DISPOSAL SYSTEMS › Operation and Monitoring of Systems › Section 445A.9676 - Absorption trench system

Current through June 11, 2024
1. An on-site
				sewage disposal system may use absorption trenches as the effluent absorption
				system, unless limiting conditions exist at the site which preclude such use,
				including, without limitation, high groundwater, highly permeable stratum,
				sloping terrain, shallow bedrock or a layer of semi-impervious soil with a
				percolation rate that is slower than 120 minutes per inch. In such a case, an
				alternative effluent absorption system may be used in accordance with NAC
				445A.9678 to 445A.969, inclusive.
2. An absorption trench system used in an
				on-site sewage disposal system must meet the following design and construction
				criteria:
(a) The trench must not be excavated
				if the soil is saturated. Surfaces in a trench which are smeared or compacted
				must be scarified to the depth to which the soils are smeared or compacted, and
				all loose material must be removed.
(b) The bottom of the trench must be level
				and must not be less than 1 foot or more than 3 feet in width.
(c) The length of each trench and the number
				of trenches needed must be determined by calculating the total absorption area
				required pursuant to subsection 3.
(d) The distance between trenches must be at
				least 4 feet, with an additional 2 feet added for each foot of depth of the
				trench below the bottom of the distribution piping. The depth must be measured
				from the centerline of the trench.
(e) The distribution pipe in each trench must
				be placed in clean, graded aggregate ranging in size from 3/4 inch average
				diameter to 2 1/2 inches in diameter. The aggregate must extend from at least 2
				inches above the distribution pipe to at least 12 inches below the distribution
				pipe. If the trench is more than 6 feet below the finished grade, the aggregate
				must extend not less than 12 inches below the ground surface to avoid anaerobic
				conditions in the trench.
(f) The
				aggregate in the trench must be covered with untreated building paper, straw
				with a minimum thickness of 1 inch, geotextile fabric or a similar covering
				approved by the Division or other administrative authority. The top of the
				trench must be backfilled with not less than 4 inches or more than 6 inches of
				soil, and fines must be kept from entering the trench from poorly cleaned
				gravel or poorly cleaned cover. As used in this paragraph, "fines" means any
				small, crushed or powdered material which may seriously impair the absorption
				ability of the aggregate used in an absorption trench.
Nevada Administrative Code › Chapter 445A - Water Controls › ON-SITE SEWAGE DISPOSAL SYSTEMS › Operation and Monitoring of Systems › Section 445A.9678 - Alternative absorption system

Current through June 11, 2024
1. If an on-site
				sewage disposal system cannot use absorption trenches pursuant to NAC 445A.9676
				because of limiting conditions, including, without limitation, high
				groundwater, highly permeable stratum, sloping terrain or shallow bedrock, the
				Division or other administrative authority may approve the use of an
				alternative absorption system.
2.
				Any plumbing fixture served by an alternative absorption system must be a
				low-flow fixture designed for an on-site sewage disposal system that is used
				where the percolation rates are slower than 60 minutes per inch. Each such
				fixture must be specifically identified by the design engineer on the design
				specifications for the alternative absorption system.
3. A design engineer who is designing an
				alternative absorption system must consult the
Design Manual: On-site
				Wastewater Treatment and Disposal Systems
and the
On-site
				Wastewater Treatment Systems Manual
, both of which are adopted by
				reference pursuant to NAC 445A.9592.
4. In addition to the provisions of
				subsection 3, a design engineer who is designing an alternative absorption
				system must contact and consult with the Division or other administrative
				authority concerning design parameters before submitting design specifications
				pursuant to NAC 445A.9614.
Added to NAC by
				  Environmental Comm'n by R194-07, eff. 8-26-2008
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › ON-SITE SEWAGE DISPOSAL SYSTEMS › Operation and Monitoring of Systems › Section 445A.968 - Absorption bed

Current through June 11, 2024
1. If the use of an
				absorption trench is not practical, an absorption bed may be used in lieu of an
				absorption trench, if justified by the design engineer. The bottom of the
				absorption bed must serve as the primary absorptive medium.
2. An absorption bed used in an on-site
				sewage disposal system must meet the following design and construction
				criteria:
(a) The absorption bed must not be
				placed on a slope with a grade of more than 5 percent.
(b) The bottom of the absorption bed must be
				level.
(c) The percolation rate of
				the soils at the bottom of the absorption bed must not be more than 60 minutes
				per inch.
(d) The area of the
				sidewall or the depth of the aggregate beneath each distribution pipe must not
				be less than 12 inches or more than 36 inches.
(e) An absorption bed must have at least two
				distribution pipes, which must not be less than 4 feet or more than 6 feet
				apart and laid with perforations facing down. The distribution pipes must be:
(1) Level and placed not less than 3 feet or
				more than 6 feet from the sidewalls of the bed;
(2) Not longer than 110 feet;
(3) Placed on at least 12 inches of clean,
				graded aggregate and covered by at least 2 inches of aggregate; and
(4) Not less than 4 inches in diameter,
				unless a pressure distribution system is used. Distribution pipes used in a
				pressure distribution system must meet the requirements for a pressure
				distribution system set forth in NAC 445A.969.
Nevada Administrative Code › Chapter 445A - Water Controls › ON-SITE SEWAGE DISPOSAL SYSTEMS › Operation and Monitoring of Systems › Section 445A.9682 - Stepped network of trenches using relief lines

Current through June 11, 2024
1. On
				sloping terrain where a conventional absorption trench or bed system cannot be
				installed or is not practical, a stepped network of trenches using relief lines
				between the trenches may be used.
2. A design engineer who includes a stepped
				network of trenches using relief lines in the design specifications for an
				on-site sewage disposal system must expressly justify the use of such a
				system.
3. A stepped network of
				trenches utilizing relief lines must allow the effluent from a completely
				filled trench to overflow through relief lines into a trench at a lower
				elevation, as shown in subsection 8.
4. The size of the absorption area required
				for a stepped network of trenches using relief lines must be calculated based
				on the long-term acceptance rates set forth in NAC 445A.9674, and must conform
				to the requirements for sizing a standard absorption trench pursuant to NAC
				445A.9676. Percolation testing or soils analyses conducted pursuant to NAC
				445A.9668 or 445A.967 must be performed at the location of each stepped trench.
				The size of the required absorption area must be calculated based on the
				slowest percolation rate or the most restrictive soil found.
5. Trenches for a stepped network of trenches
				using relief lines must be spaced at least 10 feet apart.
6. The leaching aggregate must extend at
				least 4 inches above the top of the distribution pipe. The depth of aggregate
				beneath the distribution pipe is site-specific and must be determined by the
				design engineer with approval from the Division or other administrative
				authority.
7. The invert of the
				relief line must be located not less than 1 inch or more than 2 inches above
				the top of the distribution pipe.
8. The following is a diagram of a stepped
				network of trenches utilizing relief lines:
Click
				  here to view image.
Click
				  here to view image.
Added to NAC by
				  Environmental Comm'n by R194-07, eff. 8-26-2008
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › ON-SITE SEWAGE DISPOSAL SYSTEMS › Operation and Monitoring of Systems › Section 445A.9684 - Capping fill trench

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, a capping fill trench may be used where
				conditions relating to high groundwater prohibit the installation of an
				absorption trench pursuant to NAC 445A.9676.
2. A capping fill trench must not be used if
				the soil in which the capping fill is to be placed is saturated.
3. The soil surrounding and beneath the
				bottom of a capping fill trench must have a percolation rate that is more than
				10 minutes per inch but less than or equal to 120 minutes per inch. A capping
				fill trench must not be installed on a slope that is more than 5 percent with a
				percolation rate slower than 60 minutes per inch, but may be installed on a
				slope of not more than 10 percent if the percolation rate is equal to or faster
				than 60 minutes per inch.
4. The
				required absorption area of the capping fill trench must be determined by
				calculating the size of the effective sidewall pursuant to NAC
				445A.9676.
5. A minimum depth of 4
				feet must be maintained between the bottom of the capping fill trench and the
				level of the seasonal high groundwater or any impermeable barrier or other
				limiting feature.
6. The invert of
				the distribution pipe must be placed less than 12 inches below the existing
				grade of the native soil. At least 2 inches of aggregate must be placed over
				the distribution pipe. The depth of aggregate beneath the distribution pipe is
				site-specific and must be determined by the design engineer with approval from
				the Division or other administrative authority.
7. The aggregate covering the distribution
				pipe must be covered with untreated building paper, straw with a minimum
				thickness of 1 inch, geotextile fabric or a similar covering approved by the
				Division or other administrative authority.
8. Each capping fill trench must be
				constructed before the capping fill is constructed.
9. The existing vegetative mat in the fill
				area must be disrupted by scarification or plowing to remove roots and other
				organic matter that may slow the percolation rate. The soil to be used as
				capping fill must be of a texture similar to the native soil. The native soil
				and the capping fill must be mixed at their point of interface.
10. The capping fill must:
(a) Be placed over the aggregate and the
				cover set forth in subsection 7 to a depth of not less than 12 inches or more
				than 18 inches.
(b) Be graded to
				provide positive drainage away from the absorption trenches and toward the
				perimeter of the capping fill.
(c)
				Be placed in such a manner as to prevent the compaction of the scarified soil
				at the interface of the native soil and capping fill.
(d) Extend at least 10 feet beyond the
				sidewall of the absorption trench.
Nevada Administrative Code › Chapter 445A - Water Controls › ON-SITE SEWAGE DISPOSAL SYSTEMS › Operation and Monitoring of Systems › Section 445A.9686 - Elevated mound system

Current through June 11, 2024
1. An elevated
				mound system consists of a suitable fill material, an absorption area made of
				coarse aggregate and fill material with a distribution network, and a soil cap.
				In an elevated mound system, the effluent must be gravity fed, pumped or
				siphoned into the upper part of the absorption area through a distribution
				network. The effluent must pass through the aggregate and the fill material,
				with treatment of the wastewater occurring as it passes through the fill
				material and the unsaturated zone of the native soil.
2. In preparing an elevated mound system, the
				site must be scarified, except that tree stumps and other herbaceous materials
				must be left in place after mowing or cutting to prevent excessive alteration
				of the soil structure. Mound construction must begin immediately after
				scarification, and each layer of the absorption system must be placed in such a
				manner as to prevent differential settling and to promote uniform
				density.
3. An elevated mound
				system must not be constructed on a slope that is:
(a) More than 6 percent if the soils
				comprising the slope have percolation rates slower than 60 minutes per inch;
				or
(b) More than 12 percent if the
				soils comprising the slope have percolation rates equal to or greater than 60
				minutes per inch.
Nevada Administrative Code › Chapter 445A - Water Controls › ON-SITE SEWAGE DISPOSAL SYSTEMS › Operation and Monitoring of Systems › Section 445A.9688 - Intermittent sand filter system

Current through June 11, 2024
1. In an
				intermittent sand filter system, the effluent must be pumped or siphoned into
				the absorption area and through a distribution network located in the upper
				part of a sand filter containment vessel. The upper part of the vessel must be
				made of coarse aggregate. The effluent must pass through the aggregate and then
				infiltrate the filter media below. Treatment of the effluent must occur as it
				passes through the filter media and into the unsaturated zone of the natural
				soil.
2. The pressurized wastewater
				delivery system must provide even distribution in the sand filter through good
				engineering practice. The design engineer must:
(a) Specify all necessary controls, pipes,
				valves, orifices, filter cover materials, gravel or other distribution media,
				including, without limitation, monitoring and servicing components in the
				design specifications submitted pursuant to NAC 445A.9614; and
(b) Ensure that the topsoil cover is not less
				than 6 inches or more than 12 inches in depth and graded to drain off the top
				of the sand filter.
Nevada Administrative Code › Chapter 445A - Water Controls › ON-SITE SEWAGE DISPOSAL SYSTEMS › Operation and Monitoring of Systems › Section 445A.9692 - Holding tank system

Current through June 11, 2024
1. The installation
				of a holding tank system for domestic sewage requires a permit. The Division or
				other administrative authority may issue a permit for a site that meets all of
				the following conditions:
(a) The site cannot
				be approved for installation of a standard subsurface disposal
				system.
(b) A public or community
				sewerage system is not available or expected to be available within 5 years
				after completion of the site.
(c)
				The holding tank is intended to serve a county, state or national park, or an
				occasional-use facility, including, without limitation, a county fair or rodeo,
				or the holding tank is under the control of a city or other legal entity
				authorized to construct, operate and maintain a public or community sewerage
				system.
(d) The projected daily
				sewage flow is not more than 500 gallons, unless otherwise allowed by the
				Division or other administrative authority.
(e) The setbacks required pursuant to NAC
				445A.965 can be met.
(f) Only
				domestic sewage will be discharged into the holding tank.
Nevada Administrative Code › Chapter 445A - Water Controls › ON-SITE SEWAGE DISPOSAL SYSTEMS › Operation and Monitoring of Systems › Section 445A.9694 - Cluster system

Current through June 11, 2024
1. A cluster system
				may be installed when lot sizes, location or other site conditions make
				conventional sewage disposal unacceptable and when a local governing agency or
				its recognized entity, as listed in subsection 1 of NAC 445A.231, assumes
				responsibility for the operation and maintenance of a cluster system and the
				obtaining of a permit for the cluster system from the Division or other
				administrative authority.
2. A
				cluster system approved pursuant to this section must obtain an individual
				permit pursuant to NAC 445A.9602 which must be issued by the Division or other
				administrative authority to the local governing body or its recognized entity,
				as listed in subsection 1 of NAC 445A.231, which is responsible for the cluster
				system.
3. Cluster systems must be
				designed and constructed in accordance with the requirements of NAC 445A.950 to
				445A.9706, inclusive. A cluster system must be maintained in accordance with
				the requirements of the individual permit issued for that cluster
				system.
4. The tank size of a
				cluster system must not exceed 25,000 gallons, and the amount of sewage flow
				from the tank must not exceed the limits of subsection 2 of NAC
				445A.9602.
Added to NAC by
				  Environmental Comm'n by R194-07, eff. 8-26-2008
NRS
					 445A.425,
					 445A.480
Nevada Administrative Code › Chapter 445A - Water Controls › ON-SITE SEWAGE DISPOSAL SYSTEMS › Miscellaneous Provisions › Section 445A.970 - Operations and maintenance manual; records concerning all operations and maintenance activities

Current through June 11, 2024
1. A draft
				operations and maintenance manual for an on-site sewage disposal system must be
				submitted together with the design specifications pursuant to NAC 445A.9614. A
				final version of the manual, which is stamped, signed and dated by the design
				engineer, must be submitted together with the certificate of completion
				required pursuant to NAC 445A.9618.
2. The type and size of an on-site sewage
				disposal system determine the extent of operations and maintenance activities
				required for the system. The manual must include, without limitation,
				procedures and schedules for the following:
(a) Response to emergencies, including,
				without limitation, notification of users, the Division or other administrative
				authority and, if necessary, the appropriate local health authority.
(b) Reporting the cause of any failure or
				malfunction in writing to the Division or other administrative
				authority.
(c) Making any repairs,
				replacements or modifications of design that are required to restore the system
				to proper operation.
(d) Inspection
				of facilities to ascertain operational efficiency and the general condition of
				equipment, using a checklist.
(e)
				Pumping of septic tanks, pump or siphon chambers, or other storage or treatment
				tanks by a septic tank pumping contractor who has been issued a permit under
				chapter 444 of NAC and periodic pumping and maintenance of other pretreatment
				mechanisms by qualified persons approved by the Division or other
				administrative authority.
(f)
				Maintenance of pumps, motors and switches.
(g) Replacement of worn or damaged
				equipment.
(h) Monitoring of water
				usage and generation of wastewater.
(i) Dosing and resting cycles for the drain
				field, if applicable.
(j)
				Determining water levels in trenches or other drain fields.
(k) Monitoring of groundwater quality and
				adjacent surface water quality, if necessary.
(l) Other activities as determined by the
				design engineer.
(m) Sample forms
				for all operations and maintenance activities.
Nevada Administrative Code › Chapter 445A - Water Controls › ON-SITE SEWAGE DISPOSAL SYSTEMS › Miscellaneous Provisions › Section 445A.9702 - Decommissioning of system

Current through June 11, 2024
1. An owner or
				operator of an on-site sewage disposal system must decommission the on-site
				sewage disposal system if:
(a) A community or
				public sewerage system becomes available and the buildings that the on-site
				sewage disposal system serves are connected to that sewerage system;
(b) The source of sewage to the on-site
				sewage disposal system is permanently eliminated;
(c) The on-site sewage disposal system is
				operated in violation of any chapter of NRS or NAC 445A.950 to 445A.9706,
				inclusive, and an approval to repair and a certificate of completion of the
				repair have not subsequently been issued for the system;
(d) The on-site sewage disposal system has
				been constructed, installed, altered or repaired without a permit required
				pursuant to NAC 445A.950 to 445A.9706, inclusive, and a permit has not
				subsequently been issued for the system; or
(e) The on-site sewage disposal system has
				been operated or used without a required certificate of completion or
				authorization notice from the Division or other administrative authority and a
				certificate of completion or authorization notice by the Division or other
				administrative authority has not subsequently been issued for the
				system.
Nevada Administrative Code › Chapter 445A - Water Controls › ON-SITE SEWAGE DISPOSAL SYSTEMS › Miscellaneous Provisions › Section 445A.9704 - Systems in operation before August 26, 2008

Current through June 11, 2024
1. All
				on-site sewage disposal systems that are in operation before August 26, 2008,
				may request, by submitting a notice of intent to continue operation, a general
				or individual permit, as applicable, from the Division or other administrative
				authority to continue operation until:
(a) The
				system fails pursuant to NAC 445A.962;
(b) Groundwater is affected by the
				system;
(c) Expansion or alteration
				of the system is proposed; or
(d) A
				public or community sewerage system is available.
Nevada Administrative Code › Chapter 445A - Water Controls › ON-SITE SEWAGE DISPOSAL SYSTEMS › Miscellaneous Provisions › Section 445A.9706 - Enforcement action for violation of regulations

Current through June 11, 2024
1. A
				person who owns or operates an on-site sewage disposal system in violation of
				any applicable provision of NAC 445A.950 to 445A.9706, inclusive, or the
				provisions of the applicable permit issued by the Division or other
				administrative authority may be subject to an enforcement action pursuant to
				NRS
				445A.675 and
				445A.690
				to
				445A.705,
				inclusive.
2. Violations of a
				permit may include, without limitation:
(a)
				Failure to collect, analyze and report sampling results.
(b) Submission of any misleading or
				inaccurate information relating to the on-site sewage disposal system to the
				Division or other administrative authority.
(c) Submission of any fraudulent information
				to the Division or other administrative authority, including, without
				limitation:
(1) Measurements or test results
				for which measurements or tests were not conducted;
(2) Measurements or test results obtained by
				deliberately and knowingly making measurements or collecting test samples at
				times and places other than those specified in the permit or in NAC 445A.950 to
				445A.9706, inclusive; or
(3) Test
				results obtained through the use of unapproved or erroneous procedures for
				sampling, preservation, storage or analysis.
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.974 - Definitions

Current through June 11, 2024
As used in NAC
				445A.974 to
				445A.999, inclusive, unless the
				context otherwise requires, the words and terms defined in NAC
				445A.975 to
				445A.981, inclusive, have the
				meanings ascribed to them in those sections.
Added
				to NAC by Environmental Comm'n by
				R126-19A,
				eff. 12/29/2020
NRS
				445A.425,
				445A.860,
				445A.880
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.975 - "Administrator" defined

Current through June 11, 2024
"Administrator" means the Administrator of the Division or his
				or her designee.
Added
				to NAC by Environmental Comm'n by
				R126-19A,
				eff. 12/29/2020
NRS
				445A.425,
				445A.860,
				445A.880
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.977 - "Certificate" defined

Current through June 11, 2024
"Certificate" means a full, restricted or provisional
				certificate to operate a plant for sewage treatment issued pursuant to NAC
				445A.2862 to
				445A.293, inclusive, or a full,
				operator-in-training or provisional certificate to operate a public water
				system issued pursuant to NAC
				445A.617 to
				445A.652,
				inclusive.
Added
				to NAC by Environmental Comm'n by
				R126-19A,
				eff. 12/29/2020
NRS
				445A.425,
				445A.860,
				445A.880
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.979 - "Hearing officer" defined

Current through June 11, 2024
"Hearing officer" means a person appointed by the Administrator
				to preside over and make recommendations to the Administrator concerning any
				disciplinary action initiated by the Division pursuant to NAC
				445A.974 to
				445A.999,
				inclusive.
Added
				to NAC by Environmental Comm'n by
				R126-19A,
				eff. 12/29/2020
NRS
				445A.425,
				445A.860,
				445A.880
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.981 - "Respondent" defined

Current through June 11, 2024
"Respondent" means a person who has been sent a notice of
				hearing pursuant to NAC
				445A.988.
Added
				to NAC by Environmental Comm'n by
				R126-19A,
				eff. 12/29/2020
NRS
				445A.425,
				445A.860,
				445A.880
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.983 - Grounds

Current through June 11, 2024
In addition to any other grounds for disciplinary action
				provided by statute or regulation, the Division may take disciplinary action
				against a holder of a certificate if the holder has:
1. Engaged in fraud or deceit in obtaining or
			 attempting to obtain or renew a certificate;
2. Cheated on any examination required to
			 obtain or renew a certificate;
3.
			 Committed an act of gross negligence, incompetence or misconduct in the
			 performance of his or her duties as a holder of a certificate;
4. Violated any requirement for a holder of a
			 certificate set forth in NAC
			 445A.2862 to
			 445A.293, inclusive, or NAC
			 445A.617 to
			 445A.652, inclusive, as
			 applicable;
5. Aided or abetted any
			 person in the violation of any requirement for a holder of a certificate set
			 forth in NAC
			 445A.2862 to
			 445A.293, inclusive, or NAC
			 445A.617 to
			 445A.652, inclusive, as
			 applicable;
6. Been convicted of or
			 entered a plea of guilty or nolo contendere to any crime of which an essential
			 element is dishonesty or which is directly related to any activity for which a
			 certificate is required pursuant to NAC
			 445A.2862 to
			 445A.293, inclusive, or NAC
			 445A.617 to
			 445A.652, inclusive, as
			 applicable;
7. Provided services
			 for which a certificate is required pursuant to NAC
			 445A.2862 to
			 445A.293, inclusive, or NAC
			 445A.617 to
			 445A.652, inclusive, as
			 applicable, after the certificate has expired or been suspended or
			 revoked;
8. Been disciplined by
			 another state or territory, the District of Columbia, a foreign country, the
			 Federal Government or any other governmental agency if at least one of the
			 grounds for discipline is the same as or substantially similar to any grounds
			 set forth in this section or NAC
			 445A.293 or
			 445A.646, as
			 applicable;
9. Demonstrated
			 disregard for the health and safety of the public and the
			 environment;
10. Acted outside the
			 rights and privileges of the certificate that the person holds;
11. Willfully made any false statement or
			 failed to correct a false statement previously made to a governmental agency
			 with regulatory authority that is material to the administration or enforcement
			 of any statutory or regulatory provision to which the certificate applies;
			 or
12. Failed to comply with an
			 order issued by the Administrator.
Added
				to NAC by Environmental Comm'n by
				R126-19A,
				eff. 12/29/2020
NRS
				445A.425,
				445A.860,
				445A.880
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.985 - Notice of intent to take action; response; termination of action if satisfactory response provided; circumstances under which response may not be submitted

Current through June 11, 2024
1. Except as
			 otherwise provided in NAC
			 445A.986, if the Division has
			 cause to believe that a holder of a certificate has engaged in any action that
			 constitutes grounds for disciplinary action, the Division may issue a notice of
			 intent to take disciplinary action.
2. A notice of intent to take disciplinary
			 action issued pursuant to subsection 1 must:
(a) Be served on the holder by personal
			 delivery or sent by certified mail at the mailing address identified on the
			 most recent application for a certificate or application for renewal, as
			 applicable; and
(b) Include,
			 without limitation:
(1) A statement of the
			 legal authority for the disciplinary action;
(2) The name and contact information of the
			 employee of the Division to which the holder must send a response;
(3) A statement of the facts which support
			 the decision of the Division to take disciplinary action; and
(4) Except as otherwise provided in
			 subsection 5, a statement that the Division shall send a notice of hearing
			 pursuant to NAC
			 445A.988 if the holder does not,
			 within 10 business days after receipt of the notice issued pursuant to
			 subsection 1, provide a written response that, to the satisfaction of the
			 Division, clearly sets forth the reasons why the Division should not proceed
			 with a hearing on the alleged grounds for disciplinary action.
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.986 - Immediate summary suspension of certificate; hearing

Current through June 11, 2024
1. The Division may suspend a certificate
			 without complying with the requirements of NAC
			 445A.985 if the Division finds
			 that, based upon the evidence in the possession of the Division, the public
			 health, safety or welfare imperatively requires emergency action and the
			 immediate summary suspension of the certificate.
2. If the Division summarily suspends a
			 certificate pursuant to subsection 1, the Division shall provide notice of the
			 summary suspension to the holder of the certificate by certified mail at the
			 most recent mailing address identified on the application for a certificate or
			 application for renewal, as applicable. The notice must include:
(a) The finding of the Division made pursuant
			 to subsection 1;
(b) A statement of
			 the legal authority for the disciplinary action; and
(c) A statement of the facts which support
			 the position of the Division for the disciplinary action.
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.987 - Appointment and duties of hearing officer; change of hearing officer for good cause

Current through June 11, 2024
1. Before sending a
			 notice of hearing pursuant to NAC
			 445A.988, the Administrator
			 shall appoint a hearing officer. The hearing officer:
(a) Shall perform his or her duties in
			 addition to his or her regularly assigned duties; and
(b) Shall not hear requests for variances
			 from the requirements of any applicable regulation.
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.988 - Notice of hearing; date of hearing

Current through June 11, 2024
1. The Division
			 shall send a notice of hearing to the holder of a certificate if:
(a) The holder does not provide a
			 satisfactory response setting forth the reasons why the Division should not
			 proceed with a hearing on the alleged grounds for disciplinary action pursuant
			 to subsection 2 of NAC
			 445A.985;
(b) The holder is not entitled to provide
			 such a response pursuant to subsection 5 of NAC 445A.985; or
(c) The Division has summarily suspended the
			 certificate pursuant to NAC
			 445A.986.
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.989 - Written notice of witnesses and exhibits; supplemental documents; exclusion

Current through June 11, 2024
1. Except as otherwise provided in subsection
			 2, not later than 5 days before the date of the hearing set forth in the notice
			 of hearing sent pursuant to NAC
			 445A.988, the respondent must
			 provide the Division with written notice of the identity of each witness and
			 any document that the respondent may offer in support of his or her position.
			 The notice must include a copy of each document unless the document is in the
			 possession or control of the Division.
2. The respondent may supplement any
			 documents provided pursuant to subsection 1 on or before the date of the
			 hearing only if the respondent demonstrates that the supplemental documents
			 could not reasonably be obtained and provided within the time required by
			 subsection 1.
3. The hearing
			 officer may exclude any witness or exhibit that is not timely provided pursuant
			 to subsection 1.
Added
				to NAC by Environmental Comm'n by
				R126-19A,
				eff. 12/29/2020
NRS
				445A.425,
				445A.860,
				445A.880
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.990 - Requirements for motions and responses; motion to declare certain testimony and documents confidential

Current through June 11, 2024
1. All motions,
			 unless made during a hearing, must be:
(a)
			 Made in writing;
(b) Served on all
			 parties of record by mail as evidenced by a certificate of mailing;
			 and
(c) Filed with the hearing
			 officer at least 10 business days before the date of the hearing with the
			 certificate of mailing for all parties of record.
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.991 - Order to file briefs

Current through June 11, 2024
1. A hearing
			 officer may order the parties to file briefs with the hearing officer before a
			 hearing.
2. Any brief filed with a
			 hearing officer must be accompanied by a certificate of mailing for all parties
			 of record.
Added
				to NAC by Environmental Comm'n by
				R126-19A,
				eff. 12/29/2020
NRS
				445A.425,
				445A.860,
				445A.880
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.992 - Appearance at hearing; qualifications of attorney

Current through June 11, 2024
1. A
			 party may appear in person at a hearing or may be represented by an
			 attorney.
2. An attorney who
			 represents a party at a hearing must be:
(a)
			 Admitted to practice and in good standing before the highest court of any state
			 of the United States; and
(b) If
			 the attorney is not admitted to practice and in good standing before the
			 Supreme Court of Nevada, associated with an attorney who is so admitted and in
			 good standing.
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.993 - Continuance or recess

Current through June 11, 2024
A hearing officer may, in his or her discretion, either before
				or during a hearing, grant a continuance or recess.
Added to NAC by
				Environmental Comm'n by R126-19, eff. 12/29/2020
NRS 445A.425,
				  445A.860,
				  445A.880
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.994 - Failure to appear; hearing without participation of respondent

Current through June 11, 2024
If:
1. A respondent
			 fails to appear at a hearing;
2.
			 The hearing officer has not granted a continuance;
3. The Division offers proof that the
			 respondent was given proper notice of the hearing; and
4. The hearing officer makes a determination
			 that the respondent was given proper notice of the hearing,
the hearing officer may proceed to hear the case on its merits
				without the participation of the respondent.
Added
				to NAC by Environmental Comm'n by
				R126-19A,
				eff. 12/29/2020
NRS
				445A.425,
				445A.860,
				445A.880
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.995 - Order of proceedings; preponderance of evidence; availability of electronic recording

Current through June 11, 2024
1. At a hearing
			 conducted pursuant to NAC
			 445A.974 to
			 445A.999, inclusive:
(a) The Division shall present witnesses and
			 evidence first and the respondent may cross-examine the witnesses. The Division
			 shall have an opportunity for redirect examination of the witnesses.
(b) After the Division has completed its
			 presentation of witnesses and evidence, the respondent may present witnesses
			 and evidence and the Division may cross-examine the witnesses. The respondent
			 shall have the opportunity for redirect examination of the witnesses.
(c) After the respondent has completed his or
			 her presentation of witnesses and evidence, the Division may present any
			 rebuttal witnesses and evidence and respondent may cross-examine the
			 witnesses.
(d) The hearing officer
			 may question any witness, party, counsel or representative at any
			 time.
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.996 - Written recommendations of hearing officer; duties of Administrator; final decision; appeal

Current through June 11, 2024
1. After the close
			 of a hearing held pursuant to NAC
			 445A.995, the hearing officer
			 shall prepare written recommendations on the issues presented at the hearing
			 and submit the recommendations to the Administrator within 30 days after the
			 date on which the hearing concluded.
2. The Administrator shall:
(a) Read the record, consider the
			 recommendations of the hearing officer and adopt, modify or reject the
			 recommendations;
(b) Based on a
			 preponderance of evidence, issue written findings of fact, conclusions of law
			 and his or her decision on the issues; and
(c) Serve on all parties of record by
			 personal delivery or certified mail a copy of the decision and the accompanying
			 findings of fact and conclusions of law within 45 days after the date on which
			 the hearing concluded.
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.997 - Appeal: Notice and service; response by Division

Current through June 11, 2024
1. A
			 respondent may, within 10 business days after service of a decision issued by
			 the Administrator pursuant to NAC
			 445A.996, file a notice of
			 appeal with the Commission.
2. A
			 notice of appeal filed pursuant to this section must be served on all parties
			 by personal delivery or certified mail and must:
(a) Identify the decision from which the
			 respondent appeals, the date on which the decision was issued and the basis for
			 the appeal;
(b) State with
			 particularity each point of law or fact which, in the opinion of the
			 respondent, the Administrator overlooked or misconstrued;
(c) Identify the parts of the record that the
			 respondent deems relevant to the appeal; and
(d) State each argument in support of the
			 appeal that the respondent intends to present.
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.998 - Appeal: Oral argument; written decision; final decision; judicial review

Current through June 11, 2024
1. Upon the filing of a response to the
			 notice of appeal pursuant to NAC
			 445A.997 or the expiration of
			 the time for filing such a response, the Executive Secretary of the Commission
			 shall schedule oral argument on the appeal for not later than 60 days after the
			 notice of appeal was received, unless each party to the hearing waives the
			 right to a hearing within the 60-day period in writing and for good cause
			 shown.
2. Oral argument before the
			 Commission must be limited to 15 minutes for each party. The respondent must
			 present his or her argument first but may reserve time for rebuttal following
			 the presentation of argument by the Division. The Commission will consider only
			 evidence which was submitted to the hearing officer and identified in the
			 notice of appeal or the response to the notice of appeal.
3. The Commission may affirm, reverse or
			 modify the decision of the Administrator or remand the case to the
			 Administrator. The Commission will issue a written decision on the
			 appeal.
4. Unless the Commission
			 remands a case to the Administrator, the decision of the Commission is a final
			 decision in a contested case. Any person aggrieved by such a decision is
			 entitled to judicial review pursuant to
			 NRS
			 233B.130.
Added
				to NAC by Environmental Comm'n by
				R126-19A,
				eff. 12/29/2020
NRS
				445A.425,
				445A.860,
				445A.880