Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.679 - Location restrictions: Wetlands

Current through June 11, 2024
1. A new municipal
				solid waste landfill unit or a lateral expansion may not be located in wetlands
				unless the owner or operator satisfactorily demonstrates to the solid waste
				management authority and the Administrator that:
(a) The presumption, if applicable pursuant
				to section 404 of the federal Clean Water Act of 1977,
				33 U.S.C. §
											1344, as that section existed on November 8,
				1993, that a practicable alternative to the proposed unit or lateral expansion
				is available which does not involve wetland is clearly rebutted.
(b) The construction and operation of the
				municipal solid waste landfill unit or lateral expansion will not:
(1) Cause or contribute to violations of any
				applicable state water quality standard set forth in NAC 445A.450 to 445A.492,
				inclusive;
(2) Violate any
				applicable toxic effluent standard or prohibition set forth in section 307 of
				the federal Clean Water Act of 1977,
				33 U.S.C. §
												1317, as that section existed on November 8,
				1993;
(3) Jeopardize the continued
				existence of endangered or threatened species, or result in the destruction or
				adverse modification of a critical habitat, protected by the federal Endangered
				Species Act of 1973,
				16
				U.S.C. §§
												1531 et seq., as that act
				existed on November 8, 1993; and
(4) Violate any requirement set forth in the
				Marine Protection, Research and Sanctuaries Act of 1972,
				33 U.S.C.
				§§
												1401 et seq., for the protection
				of a marine sanctuary, as that act existed on November 8, 1993.
(c) The site will not cause or
				contribute to any significant degradation of the wetlands. The owner or
				operator shall demonstrate the integrity of the municipal solid waste landfill
				unit or lateral expansion and its ability to protect ecological resources by
				showing:
(1) The potential erosion, stability
				and migration of the soils, muds and deposits of the wetlands that are used to
				support the site;
(2) The potential
				erosion, stability and migration of dredged and fill materials used to support
				the site;
(3) The volume and
				chemical composition of the waste managed at the site;
(4) The potential impact on fish, wildlife
				and other aquatic resources and their habitat;
(5) The potential effects of a catastrophic
				release of waste to the wetlands and the resulting impacts on the environment;
				and
(6) Any additional factors
				required by the solid waste management authority to show that the ecological
				resources in the wetlands are protected.
(d) To the extent required by section 404 of
				the Clean Water Act,
				33 U.S.C. §
											1344, as that section existed on November 8,
				1993, or any applicable state laws, actions have been taken to attempt to
				achieve no net loss of wetlands, as defined by acreage and function, by first
				avoiding impacts to wetlands to the maximum extent practicable as required by
				paragraph (a), then minimizing the unavoidable impacts to the maximum extent
				practicable, and then offsetting the remaining unavoidable impacts on the
				wetlands through all appropriate and practicable mitigation actions such as
				restoration of existing degraded wetlands or the creation of an artificially
				created wetland.
(e) Sufficient
				information is available to make a reasonable determination with respect to
				these demonstrations.