reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.247 - Entry and inspection of premises; sampling; copying of records

Current through June 11, 2024
The holder of the permit shall allow the Director or the
				  authorized representative of the Director, upon the presentation of his or her
				  credentials:
1. To enter upon the
				holder's premises in which an effluent source is located or in which any
				records are required to be kept under terms and conditions of the
				permit;
2. To have access to and
				copy any records required to be kept under terms and conditions of the
				permit;
3. To inspect any
				monitoring equipment or method required in the permit;
4. To sample any discharge of pollutants;
				or
5. To sample any influent of a
				holder.
Environmental Comm'n,
				  Water Pollution Control Reg. §§ 2.4.3.3, 2.4.3.3.3 & 2.4.3.3.4,
				  eff. 5-2-78; A 12-20-79; §§ 2.4.3.3.1 & 2.4.3.3.2, eff. 5-2-78;
				  § 2.4.3.3.5, eff. 10-26-79-Substituted in revision for NAC
				  445.159
NRS
					 445A.425,
					 445A.465,
					 445A.655
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.248 - Cost of testing and sampling borne by discharger

Current through June 11, 2024
The cost of all testing and sampling as may be required and
				  specified in a permit or order by the Department must be provided and paid for
				  by the discharger.
Environmental Comm'n,
				  Water Pollution Control Reg. § 2.7.2, eff. 5-2-78-Substituted in revision
				  for NAC 445.160
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.249 - Procedures to monitor, record and report

Current through June 11, 2024
The Director shall use procedures consistent with any
				  national monitoring, recording and reporting requirements specified by the
				  Administrator in regulations issued pursuant to the Act.
Environmental Comm'n,
				  Water Pollution Control Reg. § 7.4, eff. 2-26-75-Substituted in revision
				  for NAC 445.161
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.250 - Monitoring

Current through June 11, 2024
1. Any discharge authorized by a permit may
				be subject to such monitoring requirements as may be reasonably required by the
				Director including the installation, use and maintenance of monitoring
				equipment or methods, including, where appropriate, biological monitoring
				methods.
2. Any discharge
				authorized by a permit which:
(a) Is not a
				minor discharge; or
(b) The
				Regional Administrator requests, in writing, be monitored,
must be monitored.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.251 - Recording of results of monitoring

Current through June 11, 2024
The Director shall specify the following recording
				  requirements for any permit which requires monitoring of the authorized
				  discharge:
1. The holder of the permit
				shall maintain records of all information resulting from any monitoring
				activities required of it in its permit;
2. Any records of monitoring activities and
				results must include for all samples:
(a) The
				date, exact place and time of sampling;
(b) The dates that analyses were
				performed;
(c) Who performed the
				analyses;
(d) The analytical
				techniques or methods used; and
(e)
				The results of such analyses; and
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.252 - Periodic reporting of results of monitoring

Current through June 11, 2024
The Director shall require periodic reporting, at a frequency
				  of not less than once per year, on the proper reporting form of monitoring
				  results obtained by a holder of a permit pursuant to monitoring requirements in
				  its permit. The Director may also require the submission of other appropriate
				  information regarding monitoring results.
Environmental Comm'n,
				  Water Pollution Control Reg. § 7.3, eff. 2-26-75-Substituted in revision
				  for NAC 445.164
NRS
					 445A.425,
					 445A.465,
					 445A.660
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.253 - Disposal of pollutants into wells

Current through June 11, 2024
1. Any disposal of
				pollutants into wells must be regulated to protect the public health and
				welfare and to prevent pollution of the ground and surface water resources of
				the State.
2. If an applicant for a
				permit proposes to dispose of pollutants into wells as part of a program to
				meet the proposed terms and conditions of a permit, the Director shall specify
				additional terms and conditions in the final permit which must prohibit the
				proposed disposal or must control the proposed disposal in order to prevent
				pollution of ground and surface waters of the State and to protect the public
				health and welfare.
3. Any permit
				issued for the disposal of pollutants into wells must be issued in accordance
				with the procedures and requirements specified in NAC 445A.070 to 445A.340,
				inclusive, and 445A.810 to 445A.925, inclusive.
4. The Director shall utilize in his or her
				review of any permits proposed to be issued for the disposal of pollutants into
				wells any policies, technical information or requirements specified by the
				Administrator in regulations issued pursuant to the Act or in directives issued
				to the regional offices of the United States Environmental Protection
				Agency.
Environmental Comm'n,
				  Water Pollution Control Reg. §§ 2.9.1-2.9.4, eff. 5-2-78-NAC A by
				  R020-99, 9-27-99; R083-08, 8-26-2008
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.254 - Standards for pretreatment; adoption by reference; inspection

Current through June 11, 2024
1. Any person who discharges a pollutant into
				any waters of this State or into a publicly owned treatment works shall comply
				with the appropriate standards for pretreatment and the limitations and
				prohibitions applicable to the type of pollutant discharged which are contained
				in
				40 C.F.R. §§
										401.10 to
				469.26,
				inclusive.
2. The Commission adopts
				by reference
				40 C.F.R. §§
										401.10 to
				469.26,
				inclusive, as they existed on December 3, 1984. The pamphlets containing these
				sections are available by mail from the Superintendent of Documents, U.S.
				Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or
				by toll-free telephone at (866) 512-1800, for the following prices:
(a) Code of Federal Regulations, Protection of
							 Environment, 40, Parts 400 to 424.
$6.50
(b) Code of Federal Regulations, Protection of
							 Environment, 40, Part 425 to End..
$12.00
3.
				Any person who discharges a pollutant into a publicly owned treatment works
				shall allow the Director to enter the person's premises in which an effluent
				source is located, or to sample any discharge.
Added to NAC by
				  Environmental Comm'n, eff. 12-3-84-Substituted in revision for NAC
				  445.1655
NRS
					 445A.425,
					 445A.465,
					 445A.655
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.255 - Discharge from publicly owned treatment works: Notice to Director

Current through June 11, 2024
1. If the permit is for a discharge from a
				publicly owned treatment works, the holder of the permit shall provide notice
				to the Director of:
(a) Any new introduction
				of pollutants into the treatment works from a source which would be a new
				source as defined in section 306 of the Act if the source were discharging
				pollutants;
(b) Any new
				introduction of pollutants into the treatment works from a source which would
				be subject to section 301 of the Act if the source were discharging pollutants,
				except for such categories and classes of point sources or discharges as are
				specified by the Director; and
(c)
				Any substantial change in the volume or character of pollutants being
				introduced into the treatment works at the time of issuance of the
				permit.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.256 - Discharge from publicly owned treatment works capable of administering pretreatment program

Current through June 11, 2024
1. If the permit is
				for a discharge from a publicly owned treatment works capable of administering
				a pretreatment program as determined by the State, the holder of the permit
				shall require any industrial user of the treatment works to comply with the
				requirements of
				33 U.S.C. §§
										1284(b),
				1317
				and
				1318.
				The holder of the permit shall require that each industrial user subject to
				33 U.S.C. §
										1317 submit written notices no less often
				than every 9 months describing the user's progress in complying with the
				requirements imposed pursuant to that section.
2. As a means of ensuring that compliance,
				the holder shall use a system of permits or any other administrative device
				deemed appropriate which requires compliance by the industrial user with the
				pretreatment program.
Environmental Comm'n,
				  Water Pollution Control Reg. § 2.4.3.5, eff. 5-2-78; A 10-26-79-NAC A
				  12-3-84-Substituted in revision for NAC 445.167
NRS
					 445A.425,
					 445A.465,
					 445A.525
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.257 - Discharge from publicly owned treatment works without pretreatment program

Current through June 11, 2024
1. Any industrial
				user who discharges into a publicly owned treatment works that does not have a
				state approved pretreatment program may be granted a permit by the State. The
				Division may administer the program of pretreatment for any publicly owned
				treatment works that does not have a pretreatment program and ensure the
				compliance of each user of the program with the requirements of
				33 U.S.C. §§
										1284(b),
				1317
				and
				1318
				and
				40
				C.F.R. §§ 401.10 et seq.
2. The Division may administer the
				pretreatment program for any publicly owned treatment works that does not have
				a state approved pretreatment program and ensure compliance by any industrial
				user subject to the pretreatment program with the requirements of
				33 U.S.C. §§
										1284(b),
				1317
				and
				1318,
				and any regulations adopted thereunder.
Environmental Comm'n,
				  Water Pollution Control Reg. § 2.4.3.5.1, eff. 10-26-79; A 12-20-79-NAC A
				  12-3-84; R020-99, 9-27-99; R092-04, 2-14-2005
NRS
					 445A.425,
					 445A.465,
					 445A.525
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.258 - Consistency of discharges with terms and conditions of permit; expansion of facilities, increase in production or modification of process

Current through June 11, 2024
1. All discharges authorized by the permit
				must be consistent with the terms and conditions of the permit. Facility
				expansions, production increases or process modifications which result in any
				new or increased discharges of pollutants must be reported by submitting a new
				permit application or, if the discharge does not violate effluent limitations
				specified in the permit, by submitting to the Director a notice of new or
				increased discharges of pollutants.
2. The discharge of any pollutant not
				identified and authorized by the permit or the discharge of any pollutant more
				frequently than or at a level in excess of that identified and authorized by
				the permit constitutes a violation of the terms and conditions of the
				permit.
Environmental Comm'n,
				  Water Pollution Control Reg. § 2.4.3.1, eff. 5-2-78; A
				  12-20-79-Substituted in revision for NAC 445.169
NRS
					 445A.425,
					 445A.465,
					 445A.505
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.259 - Maintenance of facilities required

Current through June 11, 2024
The holder of the permit shall at all times maintain in good
				  working order and operate as efficiently as possible any facilities or systems
				  of control installed by the holder to achieve compliance with the terms and
				  conditions of the permit.
Environmental Comm'n,
				  Water Pollution Control Reg. § 2.4.3.6, eff. 5-2-78-Substituted in
				  revision for NAC 445.170
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.260 - Emergency powers of Director

Current through June 11, 2024
In accordance with the powers granted in NRS
				  NRS
				  33.010, subsection 1 of NRS
				  NRS 445A.445
				  and NRS
				  NRS
				  445A.675 and
				  445A.685
				  to
				  445A.705,
				  inclusive, the Director may take any appropriate action authorized under the
				  law against a pollution source or any combination of sources which the Director
				  has evidence is presenting an imminent and substantial endangerment to the
				  health and welfare of persons, where such endangerment is to the livelihood of
				  such persons.
Environmental Comm'n,
				  Water Pollution Control Reg. § 2.10.1, eff. 5-2-78-NAC A by R020-99,
				  9-27-99
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.261 - Modification, suspension or revocation of permit: Grounds

Current through June 11, 2024
The permit may be modified, suspended or revoked in whole or
				  in part for cause including, but not limited to, the following:
1. A violation of any term or condition of
				the permit.
2. Obtaining a permit
				by misrepresentation or failure to disclose fully all relevant facts.
3. A change in conditions or the existence of
				a condition, which requires either a temporary or permanent reduction or an
				elimination of the permitted activity. Any such revocation, modification or
				suspension is effective no later than 30 days after the holder of the permit
				receives written notice, issued by the Director, of the facts or conduct
				warranting such action.
4. A
				determination by the Department that the permitted activity endangers human
				health or the environment and can only be regulated to acceptable levels by
				modifying, suspending or revoking the permit.
5. Material and substantial alterations or
				additions to the permitted facility or activity that occurred after the permit
				was issued which justify the application of new permit conditions or permit
				conditions that differ from the permit conditions in the existing
				permit.
6. The Department receives
				new information which was not available at the time the permit was issued that
				would have justified the application of different conditions of the
				permit.
7. The standards or
				regulations on which the permit was based have changed.
8. The Department receives notification of a
				proposed transfer of the permit.
9.
				A demonstration by any interested person that factors relating to an industrial
				user are fundamentally different from the factors considered during development
				of a categorical pretreatment standard applicable to that user. The
				demonstration must be made in accordance with
				40
				C.F.R. §
										403.13.
10. A demonstration by any interested person
				that a publicly owned treatment works consistently removes a pollutant for
				which a categorical pretreatment standard has been established. The
				demonstration must be in accordance with
				40 C.F.R. §
										403.7.
Environmental Comm'n,
				  Water Pollution Control Reg. §§ 2.4.3.2-2.4.3.2.3, eff. 5-2-78; A
				  12-20-79; §§ 2.4.3.2.4 & 2.4.3.2.5, eff. 12-20-79-NAC A by
				  R020-99, 9-27-99
NRS
					 445A.425,
					 445A.465,
					 445A.600
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.262 - Modification of permit to meet toxic effluent standard

Current through June 11, 2024
If a toxic effluent standard or prohibition (including any
				  schedule of compliance specified in the effluent standard or prohibition) is
				  established under section 307(a) of the Act for a toxic pollutant which is
				  present in the discharge of the holder of the permit and the standard or
				  prohibition is more stringent than any limitation upon the pollutant in the
				  permit, the Director shall revise or modify the permit in accordance with the
				  toxic effluent standard or prohibition and so notify the holder.
Environmental Comm'n,
				  Water Pollution Control Reg. § 2.4.3.7, eff. 5-2-78; A
				  12-20-79-Substituted in revision for NAC 445.173
NRS
					 445A.425,
					 445A.465,
					 445A.600
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.263 - Modification, suspension or revocation of permit: Procedure

Current through June 11, 2024
1. Except as otherwise provided in this
				section, the Director may, after notice and opportunity for a public hearing,
				modify, suspend or revoke any permit in whole or in part during its term for
				cause, including, but not limited to, the causes listed in NAC 445A.261, or for
				failure or refusal of the holder of the permit to carry out the requirements of
				NAC 445A.247.
2. The Director may,
				upon the request of the holder of the permit, modify a schedule of compliance
				in an issued permit if:
(a) He or she
				determines good cause, including, without limitation, an act of God, or a
				strike, flood, materials shortage or any other event over which the holder has
				little or no control, exists for the modification; and
(b) Within 30 days after receipt of notice
				from the Director, the Regional Administrator does not object in
				writing.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › General Permits › Section 445A.266 - Issuance of permit; notice of intent to engage in activity; location of facility approved to operate under permit; requirements for discharge

Current through June 11, 2024
1. A general permit may be issued for:
(a) A discharge;
(b) The reuse or ultimate disposal of treated
				wastewater and sludge; or
(c)
				Rolling stock for work in waters of this State, including, but not limited to,
				dredging or filling, bank stabilization or restoration, channel clearance,
				construction of irrigation diversions or pipe crossings, and the clearance of
				vegetation, debris or temporary obstructions.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › General Permits › Section 445A.267 - Procedures for issuance, reissuance, denial, modification, suspension or revocation of permit

Current through June 11, 2024
A general permit must be issued, reissued, denied, modified,
				  suspended or revoked in accordance with the provisions of NAC 445A.261 and
				  445A.263 and NRS
				  NRS
				  445A.600.
Added to NAC by
				  Environmental Comm'n, eff. 3-18-92-Substituted in revision for NAC
				  445.1751
NRS
					 445A.425,
					 445A.465,
					 445A.600
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › General Permits › Section 445A.268 - Application for permit; request to be included in permit; fees

Current through June 11, 2024
1. A general permit may be issued upon proper
				application by a group of dischargers whose facilities meet the requirements of
				NAC 445A.266. The application must:
(a) Include:
(1) The name and address of the
				discharger;
(2) The exact location
				of the discharge;
(3) The nature of
				the discharge;
(4) The name and
				location of the receiving waters;
(5) The quantity and quality of the
				discharge; and
(6) Any other
				information deemed necessary by the Director for the determination of whether
				the discharger should be included in the general permit;
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › General Permits › Section 445A.269 - Notice of requirement to obtain individual permit; grant of additional time

Current through June 11, 2024
1. If the holder of
				a general permit is required to obtain an individual permit pursuant to
				NRS
				445A.480, the Director must inform the holder
				of the requirement by written notice. The written notice must include:
(a) A brief statement of the reasons for the
				decision to require an individual permit;
(b) An application form for an individual
				permit;
(c) The fee schedule of an
				application for an individual permit;
(d) The time by which the application must be
				received by the Department; and
(e)
				A statement that coverage by the general permit expires on the effective date
				of the individual permit.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › General Permits › Section 445A.270 - Petition for exclusion from permit; application for individual permit

Current through June 11, 2024
1. Any interested person may file a written
				petition with the Director requesting that the holder of a general permit be
				excluded from the general permit and be required to apply for and obtain an
				individual permit.
2. If a holder
				of a general permit has petitioned the Director to be excluded from the general
				permit pursuant to subsection 1, he or she must apply for an individual permit
				within 30 days after filing the petition with the Director.
Added to NAC by
				  Environmental Comm'n, eff. 3-18-92-Substituted in revision for NAC
				  445.1754
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › General Permits › Section 445A.271 - Termination of applicability of permit upon issuance of individual permit

Current through June 11, 2024
If an individual permit is issued to a discharger otherwise
				  subject to a general permit, the applicability of the general permit to the
				  individual permittee is automatically terminated on the effective date of the
				  individual permit.
Added to NAC by
				  Environmental Comm'n, eff. 3-18-92-Substituted in revision for NAC
				  445.1755
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › General Permits › Section 445A.272 - Termination of applicability of individual permit upon inclusion in general permit

Current through June 11, 2024
A holder of an individual permit who is excluded from a
				  general permit solely because he or she holds the individual permit may request
				  that the individual permit be revoked and that he or she be included in the
				  general permit. The applicability of the individual permit is automatically
				  terminated upon notification by the Director that the discharger is included in
				  the general permit.
Added to NAC by
				  Environmental Comm'n, eff. 3-18-92-Substituted in revision for NAC
				  445.1756
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Corrective Action › Section 445A.273 - Definitions

Current through June 11, 2024
As used in NAC 445A.273 to 445A.2739, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 445A.2731 to
				  445A.2737, inclusive, have the meanings ascribed to them in those
				  sections.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425,
					 445A.680
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Corrective Action › Section 445A.2731 - "Corrective action" defined

Current through June 11, 2024
"Corrective action" means the permanent remedial action that
				  is taken after the release of a hazardous substance, hazardous waste or
				  regulated substance to prevent the element or chemical from posing a threat or
				  potential threat to the present or future health of the public or to the
				  environment.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425,
					 445A.680
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Corrective Action › Section 445A.2732 - "Cost" and "costs" defined

Current through June 11, 2024
"Cost" or "costs" means all costs and expenses which are
				  incurred and money which is expended by the Division and reimbursed at a later
				  date by an owner or operator.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425,
					 445A.680
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Corrective Action › Section 445A.2733 - "Fee" defined

Current through June 11, 2024
"Fee" means an amount of money determined by the Division as
				  an estimate of the costs and expenses that will be incurred by the Division
				  pursuant to NAC 445A.273 to 445A.2739, inclusive, which is assessed in advance
				  of expenditure by the Division.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425,
					 445A.680
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Corrective Action › Section 445A.2734 - "Major corrective site" defined

Current through June 11, 2024
"Major corrective site" means a site which:
1. Is the subject of an administrative order
				issued by the Division or a civil action brought by the Division against the
				owner or operator;
2. Is a
				treatment, storage or disposal site, or any combination thereof, as defined by
				federal or state law, and has been identified as having contaminated soil or
				groundwater;
3. Is the subject of a
				written corrective action agreement between the Division and the owner,
				operator or responsible federal agency or agencies; or
4. Has an estimated yearly oversight cost to
				the Division which exceeds $10,000, including all costs incurred by the
				Division for the staff time required, overhead, contract support, equipment and
				travel.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425,
					 445A.680
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Corrective Action › Section 445A.2735 - "Minor corrective action site" defined

Current through June 11, 2024
"Minor corrective action site" means a site:
1. At which the environmental contamination
				is relatively confined with minimal actual or potential impact on human health
				or the environment;
2. At which an
				identified owner or operator is present who is working in cooperation with the
				Division for remediation of the site;
3. For which no civil action is pending and
				no administrative orders have been issued to the owner or operator;
4. Which is not under corrective action by
				the Division using federal funding related to leaking underground storage tanks
				or related state funding; and
5.
				Which is not a treatment, storage or disposal site under federal law.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425,
					 445A.680
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Corrective Action › Section 445A.2736 - "Operator" defined

Current through June 11, 2024
"Operator" means a person who is in control of or has
				  responsibility for the daily operation of a site, business or other operation
				  where a hazardous substance, hazardous waste or a regulated substance is or has
				  been disposed of, used or stored.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425,
					 445A.680
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Corrective Action › Section 445A.2737 - "Owner" defined

Current through June 11, 2024
"Owner" means a person who owns property on which a hazardous
				  substance, hazardous waste or a regulated substance is or has been disposed of,
				  used or stored.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425,
					 445A.680
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Corrective Action › Section 445A.2738 - Recovery of costs and fees: Minor sites; federal funding for leaking underground storage tanks; state funding

Current through June 11, 2024
1. The Division
				shall not seek to recover costs or fees for minor sites.
2. The Division shall seek to recover costs
				or fees for sites where federal funding for leaking underground storage tanks
				or state funding is used.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425,
					 445A.680,
					 445A.700
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Corrective Action › Section 445A.2739 - Reimbursement of costs and assessment of fees: Major sites

Current through June 11, 2024
The Division may seek reimbursement for costs or assess fees
				  on a cooperative basis with the owner or operator for major sites as
				  follows:
1. If the Division estimates
				that the total time for oversight by the Division will be less than 240 hours
				and that the time to achieve site closure will be less than one year, the
				Division shall determine the costs or fees using the average salary of the
				oversight personnel including fringe benefits, indirect costs, travel costs and
				operating expenses.
2. If the
				Division estimates that the total time for oversight by the Division will be
				240 hours or more or that the time to achieve site closure will be one year or
				more, the Division and the owner or operator of the site may enter into a
				contract with a third person to provide the oversight required by the Division.
				Before such a contract is executed, the Division shall enter into a consent
				agreement with the owner or operator of the site. The agreement must:
(a) State the estimated reimbursable costs to
				be incurred by the Division for the oversight;
(b) Identify the tasks to be performed by the
				contractor for the oversight and state the associated costs; and
(c) Include a provision requiring that the
				costs and fees included in the contract be reevaluated annually on the basis of
				the projected tasks for each subsequent year.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.274 - Definitions

Current through June 11, 2024
As used in NAC
				  445A.274 to
				  445A.280, inclusive, and
				  sections 2 to 15, inclusive, unless the context otherwise requires, the words
				  and terms defined in NAC
				  445A.2741 to
				  445A.2747, inclusive, and
				  sections 2 to 9, inclusive have the meanings ascribed to them in those
				  sections.
Added to NAC by
				  Environmental Comm'n by R063-04, eff. 10-6-2004; A by
				  R101-16A,
				  eff. 12/21/2016
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.2741 - "Area of use" defined

Current through June 11, 2024
"Area of use" means a site, or an area of land, where
				  reclaimed water is in use pursuant to NAC
				  445A.274 to
				  445A.280, inclusive , and
				  sections 2 to 15, inclusive .
Added to NAC by
				  Environmental Comm'n by R063-04, eff. 10-6-2004; A by
				  R101-16A,
				  eff. 12/21/2016
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.27412 - "Augmentation" defined

Current through June 11, 2024
"Augmentation" has the meaning ascribed to it in NRS
				  NRS
				  534.0125.
Added to
				  NAC by Environmental Comm'n by
				  R101-16A,
				  eff. 12/21/2016
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.2742 - "Buffer zone" defined

Current through June 11, 2024
"Buffer zone" means a bounded area adjacent to, and
				  surrounding, an area of use, that is subject to the provisions of NAC
				  445A.2756.
Added to NAC by
				  Environmental Comm'n by R063-04, eff. 10-6-2004
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.27421 - "Environmental buffer" defined

Current through June 11, 2024
"Environmental buffer" means a naturally occurring zone that
				  provides sufficient retention time for reclaimed water before the reclaimed
				  water is recovered into an extraction well for potable use.
Added to
				  NAC by Environmental Comm'n by
				  R101-16A,
				  eff. 12/21/2016
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.27423 - "Food crop" defined

Current through June 11, 2024
"Food crop" means any agricultural product that is grown for
				  human consumption.
Added to
				  NAC by Environmental Comm'n by
				  R101-16A,
				  eff. 12/21/2016
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.2743 - "Graywater" defined

Current through June 11, 2024
"Graywater" has the meaning ascribed to it in NAC
				  444.7616.
Added to NAC by
				  Environmental Comm'n by R063-04, eff. 10-6-2004
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.2744 - "Impoundment" defined

Current through June 11, 2024
"Impoundment" means a lake, reservoir or lined holding
				  basin.
Added to NAC by
				  Environmental Comm'n by R063-04, eff. 10-6-2004
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.27441 - "Indirect potable reuse" defined

Current through June 11, 2024
"Indirect potable reuse" means the discharge of reclaimed
				  water into an aquifer for the purpose of augmentation or recharge of a drinking
				  water source where the reclaimed water travels through an environmental buffer
				  before the reclaimed water is recovered into an extraction well for potable
				  use.
Added to
				  NAC by Environmental Comm'n by
				  R101-16A,
				  eff. 12/21/2016
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.27443 - "Log" defined

Current through June 11, 2024
"Log" means the removal value measuring the ability of a
				  treatment process to remove pathogenic microorganisms, which is determined by
				  taking the logarithm of the ratio of pathogen concentration in the influent and
				  effluent water of a treatment process. For example, 1 log is equal to a 90
				  percent reduction of pathogenic microorganisms; 2 log is equal to a 99 percent
				  reduction of pathogenic microorganisms; 3 log is equal to a 99.9 percent
				  reduction of pathogenic microorganisms. Log is calculated using the equation
				  below:
Click Here
				  To View Image
Added to
				  NAC by Environmental Comm'n by
				  R101-16A,
				  eff. 12/21/2016
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.27445 - "Reclaimed water" defined

Current through June 11, 2024
"Reclaimed water" means sewage that has been treated by a
				  physical, biological or chemical process, which is intended for a use
				  identified in NAC
				  445A.276 to
				  445A.2771, inclusive, and
				  section 11 and that meets the corresponding water quality criteria for the
				  specified use. The term does not include graywater.
Added to
				  NAC by Environmental Comm'n by
				  R101-16A,
				  eff. 12/21/2016
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.2745 - "Spray irrigation" defined

Current through June 11, 2024
"Spray irrigation" means irrigation using sprinklers that are
				  located above the ground surface.
Added to NAC by
				  Environmental Comm'n by R063-04, eff. 10-6-2004
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.27452 - "Spreading basin" defined

Current through June 11, 2024
"Spreading basin" means a surface impoundment used for the
				  percolation of reclaimed water through an environmental buffer into an aquifer
				  for indirect potable reuse.
Added to
				  NAC by Environmental Comm'n by
				  R101-16A,
				  eff. 12/21/2016
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.2746 - "Subsurface irrigation" defined

Current through June 11, 2024
"Subsurface irrigation" means irrigation using an underground
				  distribution system.
Added to NAC by
				  Environmental Comm'n by R063-04, eff. 10-6-2004
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.2747 - "Surface irrigation" defined

Current through June 11, 2024
"Surface irrigation" means irrigation using a flood
				  irrigation system or a drip irrigation system. The term does not include spray
				  irrigation.
Added to NAC by
				  Environmental Comm'n by R063-04, eff. 10-6-2004
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.2748 - "Treated effluent" defined (Repealed)

Current through June 11, 2024
Added to NAC by
				  Environmental Comm'n by R063-04, eff. 10-6-2004; R by
				  R101-16A,
				  eff. 12/21/2016
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.27482 - "Unregulated constituent" defined

Current through June 11, 2024
"Unregulated constituent" means a constituent that does not
				  have any adopted standards or advisory concentrations or
				  levels.
Added to
				  NAC by Environmental Comm'n by
				  R101-16A,
				  eff. 12/21/2016
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.2749 - Limitation on meaning of "agricultural purposes

Current through June 11, 2024
For the purposes of NAC 445A.274 to 445A.280, inclusive, the
				  term "agricultural purposes" does not include the growing of crops for human
				  consumption.
Added to NAC by
				  Environmental Comm'n by R063-04, eff. 10-6-2004
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.27495 - Applicability

Current through June 11, 2024
The provisions of NAC
				  445A.274 to
				  445A.280, inclusive, and
				  sections 2 to 15, inclusive, are not applicable to:
1. Colorado River return flow credits
				governed by federal decree;
2. Any
				activities related to the Colorado River that are governed by federal law,
				contracts or judicial precedents; or
3. Any credits administered by the United
				States Bureau of Reclamation.
Added to
				  NAC by Environmental Comm'n by
				  R101-16A,
				  eff. 12/21/2016
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.275 - General requirements and restrictions

Current through June 11, 2024
1. A person
				shall not use reclaimed water unless:
(a) The
				person has:
(1) Received the approval of the
				Division of a plan for the management of reclaimed water; and
(2) Obtained a permit pursuant to NAC
				445A.228 to
				445A.263, inclusive;
				and
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.2754 - Irrigation: Requirements and restrictions

Current through June 11, 2024
1. A person
				using reclaimed water for irrigation shall not:
(a) Allow the reclaimed water to run off the
				site being irrigated.
(b) Except as
				otherwise provided in NAC
				445A.2762 and
				445A.2768, use reclaimed water
				to irrigate food crops .
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.2756 - Buffer zones: Size; boundaries; restriction

Current through June 11, 2024
1.
				Except as otherwise provided in NAC
				445A.2766,
				445A.2768 and
				445A.2771, the Division will
				establish the size of A buffer zone.
2. The inner boundary of A buffer zone is
				determined by measuring a distance equal to the size of the buffer zone from:
(a) A boundary line of the property on which
				the site is located;
(b) A sign
				posted pursuant to NAC
				445A.2752 informing the public
				of the presence of reclaimed water; or
(c) Any point where the property is open to
				public access, as determined by the Division.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.276 - Reuse categories: Requirements for bacteriological quality of effluent

Current through June 11, 2024
1. Reclaimed water
				being used for an activity approved for a reuse category must meet the
				following requirements for bacteriological quality for that category:
Total Coliform
Fecal Coliform
c.f.u. or mpn/100ml
c.f.u. or mpn/100ml
Reuse Category
A
B
C
D
E
Maximum 30-day geometric mean
2.2
2.2
23
200
No Limit
Maximum daily number
23
23
240
400
No Limit
2.
				As used in this section, "c.f.u. or mpn/100ml" means colony forming units or
				most probable number per 100 milliliters of the reclaimed water.
Added to NAC by
				  Environmental Comm'n, eff. 9-13-91; A by R063-04, 10-6-2004; A by
				  R101-16A,
				  eff. 12/21/2016
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.2761 - Reuse category A+: Approved uses

Current through June 11, 2024
Reclaimed water that meets the requirements for water quality
				  set forth in section 12 for reuse category A+ may be used for:
1. Indirect potable reuse through injection
				wells or spreading basins; or
2.
				Any activity approved for reuse category A, B, C, D or E.
Added to
				  NAC by Environmental Comm'n by
				  R101-16A,
				  eff. 12/21/2016
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.27612 - Reuse category A+: Water quality requirements

Current through June 11, 2024
1.
				Reclaimed water that is used for an activity approved for reuse category A+
				must meet the following water quality requirements:
(a) The provisions of the "National Primary
				Drinking Water Regulations" and related federal regulations adopted by
				reference in NAC
				445A.4525.
(b) The secondary maximum contaminant levels
				specified in NAC
				445A.455.
(c) Twelve-log enteric virus reduction, which
				must be demonstrated from the point where raw sewage enters a treatment works
				to the point of extraction from an aquifer for potable use.
(d) Ten-log
Giardia lamblia
cyst reduction and ten-log
Cryptosporidium
oocyst reduction,
				which must be demonstrated from the point where raw sewage enters a treatment
				works to the zone of saturation.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.27614 - Reuse category A+: Public notice requirements for indirect potable reuse

Current through June 11, 2024
In addition to the requirements set forth in NAC
				  445A.275 and sections 14 and 15
				  , any person who proposes to use reclaimed water that meets the requirements
				  for water quality for reuse category A+ specified in section 12 for indirect
				  potable reuse shall:
1. Schedule and
				hold at least one public workshop concerning the proposed indirect potable
				reuse.
2. Provide notice of the
				person's intent to hold at least one public workshop in a manner designed to
				inform persons who are potentially interested of the proposed indirect potable
				reuse. Such notice must be:
(a) Circulated
				within the geographical area of the proposed indirect potable reuse by
				publishing in a local newspaper or periodical or, if the local newspaper is not
				a daily newspaper, in a daily newspaper of general circulation; and
(b) Mailed to any person or group upon
				request.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.27616 - Reuse category A+: Requirements for application to use reclaimed water for indirect potable reuse

Current through June 11, 2024
A person who proposes to use reclaimed water for indirect
				  potable reuse must submit for the review and approval of the Division with his
				  or her application for a discharge permit:
1. Proof that the applicant has complied with
				the requirements of section 13 for a public workshop and public
				notice.
2. An engineering report
				bearing the stamp of a professional engineer who is licensed in this
				State.
3. A plan for the
				development of a monitoring program for unregulated constituents. The plan must
				examine surrogates and indicators to meet specific reduction goals for
				unregulated constituents.
4.
				Evidence that the reclaimed water, treatment system and treatment processes to
				be used will meet the requirements of section 15 . If the applicant is seeking
				credit for the treatment processes or the amount of time the reclaimed water is
				retained underground, the Division may credit the applicant for the appropriate
				log reduction based on such evidence.
5. Proof that the applicant has assessed the
				wastewater source control for the production and use of reclaimed water in
				reuse category A+.
6. Proof of the
				applicant's financial ability to:
(a) Pay the
				costs related to maintenance, operations, depreciation and capital expenses of
				the system; and
(b) Establish and
				maintain adequate fiscal controls and accounting methods required for the
				operation of the system.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Use of Reclaimed Water › Section 445A.27618 - Reuse category A+: Water quality requirements for reclaimed water for indirect potable reuse using spreading basin or injection well

Current through June 11, 2024
In addition to the requirements for water quality specified
				  in section 12 , reclaimed water in reuse category A+ that is intended for
				  indirect potable reuse achieved through the use of:
1. A spreading basin must meet the minimum
				requirements for bacteriological quality for reuse category A before the
				reclaimed water is discharged to the spreading basin. For each month such
				reclaimed water is retained underground, the Division may credit the reclaimed
				water with 1-log enteric virus reduction. The Division may credit the reclaimed
				water with up to 10-log
Giardia lamblia
cyst reduction and up
				to 10-log
Cryptosporidium
oocyst reduction for treatment
				within the vadose zone.
2. An
				injection well must pass through a minimum of three separate treatment
				processes for pathogen removal. A treatment process may be credited with a
				maximum of 6-log reduction and a minimum of 1-log reduction. For
Giardia lamblia
cyst reduction and
Cryptosporidium
oocyst reduction, the point of compliance is
				at the point of injection. For each month such reclaimed water is retained
				underground, the Division may credit the reclaimed water with 1-log enteric
				virus reduction. The point of compliance is the point of extraction.
Added to
				  NAC by Environmental Comm'n by
				  R101-16A,
				  eff. 12/21/2016
NRS
				  445A.425