reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.2263 - "Division" defined

Current through June 11, 2024
"Division" means the Division of Environmental Protection of
				  the State Department of Conservation and Natural Resources.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.22633 - "Environmental covenant" defined

Current through June 11, 2024
"Environmental covenant" has the meaning ascribed to it in
				  NRS
				  NRS
				  445D.060.
Added to NAC by
				  Environmental Comm'n by R189-08, eff. 8-25-2009
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.22635 - "Groundwater" defined

Current through June 11, 2024
"Groundwater" has the meaning ascribed to it in NAC
				  444.579.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.2264 - "Hazardous substance" defined

Current through June 11, 2024
"Hazardous substance" has the meaning ascribed to it in NRS
				  NRS
				  459.429.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.22645 - "Hazardous waste" defined

Current through June 11, 2024
"Hazardous waste" has the meaning ascribed to it in NAC
				  444.843.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.2265 - "Operator" defined

Current through June 11, 2024
"Operator" means a person in control of or having
				  responsibility for the daily operation of a site, business or other operation
				  where a hazardous substance, hazardous waste or a regulated substance is
				  disposed of, used or stored.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.22655 - "Owner" defined

Current through June 11, 2024
"Owner" means a person who owns property where a hazardous
				  substance, hazardous waste or a regulated substance is disposed of, used or
				  stored.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.2266 - "Person" defined

Current through June 11, 2024
"Person" has the meaning ascribed to it in NRS
				  NRS
				  445A.390.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.22665 - "Regulated substance" defined

Current through June 11, 2024
"Regulated substance" has the meaning ascribed to it in NRS
				  NRS
				  459.448.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.2267 - "Release" defined

Current through June 11, 2024
"Release" has the meaning ascribed to it in NAC
				  445A.3456.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96; A by R125-07,
				  1-30-2008
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.22675 - "Remediation standard" defined

Current through June 11, 2024
"Remediation standard" means the level of concentration of a
				  hazardous substance, hazardous material or a regulated substance in soil,
				  groundwater or surface water which corrective action is designed to
				  achieve.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.2268 - "Surface water" defined

Current through June 11, 2024
"Surface water" means all water open to the atmosphere and
				  subject to surface runoff.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96; A by Bd. of Health by R088-00,
				  8-3-2001
NRS
					 439.200,
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.22685 - Applicability

Current through June 11, 2024
The provisions of NAC 445A.226 to 445A.22755, inclusive,
				  apply to any site, business or other operation where corrective action is
				  required, unless the corrective action is required at:
1. A facility for the treatment, storage or
				disposal of hazardous waste that is issued a permit pursuant to
				NRS 459.400 to
				459.600,
				inclusive, and the corrective action is required for any violation of NAC
				444.8632.
2. A disposal site, as
				defined in
				NRS
				444.460, and the corrective action is
				required pursuant to NAC 444.7481 to 444.7499, inclusive.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96; A by R189-08,
				  8-25-2009
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.2269 - Assessment of conditions at site of facility after notification of release of certain substances; exception

Current through June 11, 2024
1. Except as
				otherwise provided in this section, if the owner or operator of a facility, or
				his or her designated agent, is required to give notice of a release pursuant
				to NAC 445A.345 to 445A.348, inclusive, the Division shall require the owner or
				operator to conduct an assessment of the conditions at the site of the
				facility, including an assessment of the condition of the soil or water, or
				both, to determine the extent and magnitude of the contamination.
2. An assessment conducted pursuant to
				subsection 1 must:
(a) Characterize the
				relevant pathways specifically related to the site that affect public health
				and the environment, including, without limitation, any information concerning
				sources of release, pathways and rates of migration of any released substances
				and any possible receptors of those substances;
(b) Rely upon methods of field sampling and
				analytical methods used in laboratories, if any, that are acceptable to the
				Division; and
(c) Be approved by
				the Division.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.22691 - Assessment of conditions at site of facility: Division may require submission of additional information

Current through June 11, 2024
The Division may require an owner or operator of a facility
				  to submit and carry out a plan and schedule for an additional characterization
				  of a site to collect any information that is not submitted as part of an
				  assessment of the conditions of a site pursuant to NAC 445A.2269 if the
				  information is required to:
1.
				Evaluate the efficacy of any proposed corrective action;
2. Establish any appropriate action level for
				soil or groundwater; or
3. Support
				the issuance of an exemption, waiver or determination that corrective action is
				not required pursuant to NAC 445A.227 or 445A.22725.
Added to NAC by
				  Environmental Comm'n by R189-08, eff. 8-25-2009
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.22693 - Contamination of soil or groundwater: Management of soil or groundwater

Current through June 11, 2024
Any soil or groundwater which is contaminated with any amount
				  of a hazardous substance, hazardous waste or a regulated substance and which is
				  removed through a corrective action or an assessment of conditions at a site
				  pursuant to NAC 445A.2269 or 445A.22691 must be managed in a manner approved by
				  the Division.
Added to NAC by
				  Environmental Comm'n by R189-08, eff. 8-25-2009
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.22695 - Immediate action required under certain circumstances; Director may waive certain requirements

Current through June 11, 2024
1. An owner or
				operator shall immediately take any action necessary to mitigate and abate
				imminent and substantial hazards to public health or safety created by the
				release of a hazardous substance, hazardous waste or a regulated substance,
				including, without limitation:
(a) The removal
				of the hazardous substance, hazardous waste or regulated substance from any
				leaking container in an amount that is required to prevent any additional
				release of the hazardous substance, hazardous waste or regulated substance into
				the environment;
(b) Conducting a
				visual inspection of any aboveground release or exposed underground release of
				the hazardous substance, hazardous waste or regulated substance and the
				prevention of any additional migration of the hazardous substance, hazardous
				waste or regulated substance into any surrounding soil, groundwater or surface
				water;
(c) The reduction or
				elimination of any hazard that is caused or may be caused by any contaminated
				soil that is excavated or exposed during the confirmation of the release or
				investigation of the site; and
(d)
				Initiation of free product removal as soon as practicable and in consultation
				with the Division.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.22697 - Factors to be considered by Director in determining acceptance of action level or approval of exemption

Current through June 11, 2024
In determining whether to accept an action level for soil
				  pursuant to NAC 445A.2272 that is based on a scenario for exposure other than a
				  standard residential exposure specified by the Director, or to approve an
				  exemption from corrective action for soil pursuant to NAC 445A.227 or
				  groundwater pursuant to NAC 445A.22725, the Director may consider any activity
				  or limitation on use established by the owner or operator of the facility
				  through an environmental covenant accepted by the Division.
Added to NAC by
				  Environmental Comm'n by R189-08, eff. 8-25-2009
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.227 - Contamination of soil: Order by Director for corrective action; factors Director may consider in determining whether corrective action is required or may be terminated

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, the Director shall require an owner or
				operator to take corrective action if the release of a hazardous substance,
				hazardous waste or a regulated substance contaminates soil and the level of
				contamination exceeds the action level established for the soil pursuant to NAC
				445A.2272.
2. In determining
				whether corrective action is required or may be terminated after corrective
				action has been taken, the Director may consider an evaluation of the
				conditions at the site which indicate that any contamination remaining at the
				site does not cause any current or potential threat to human health or the
				environment. Such an evaluation must use accepted methodologies and
				calculations which consider, without limitation, the following factors:
(a) The depth of any groundwater;
(b) The distance to irrigation wells or wells
				for drinking water;
(c) The type of
				soil that is contaminated;
(d) The
				annual precipitation;
(e) The type
				of waste or substance that was released;
(f) The extent of the
				contamination;
(g) The present and
				potential use for the land;
(h) The
				preferred routes of migration;
(i)
				The location of structures or impediments;
(j) The potential for a hazard related to
				fire, vapor or an explosion; and
(k) Any other information specifically
				related to the site which the Director determines is appropriate.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.22705 - Contamination of soil: Evaluation of site by owner or operator; review of evaluation by Division

Current through June 11, 2024
1. Except as
				otherwise provided in NAC 445A.22695, if an owner or operator is required to
				take corrective action pursuant to NAC 445A.227, the owner or operator may
				conduct an evaluation of the site, based on the risk it poses to public health
				and the environment, to determine the necessary remediation standards or to
				establish that corrective action is not necessary. Such an evaluation must be
				conducted using Method E1739-95, adopted by the American Society for Testing
				and Materials, as it exists on October 3, 1996, or an equivalent method
				approved by the Division.
2. The
				Division shall determine whether an evaluation complies with the requirements
				of Method E1739-95, or an equivalent method of testing approved by the
				Division. The Division may reject, require revisions be made to or withdraw its
				concurrence with the evaluation at any time after the completion of the
				evaluation for the following reasons:
(a) The
				evaluation does not comply with the applicable requirements for conducting the
				evaluation;
(b) Conditions at the
				site have changed; or
(c) New
				information or previously unidentified information which would alter the
				results of the evaluation becomes available and demonstrates that the release
				may have a detrimental impact on public health or the environment.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.2271 - Contamination of soil: Plan and schedule for completing corrective action

Current through June 11, 2024
An owner or operator who is required to take corrective
				  action pursuant to NAC 445A.227 shall submit to the Division a plan and
				  schedule for completing the corrective action. Except as otherwise provided in
				  NAC 445A.22695, the owner or operator shall not take any corrective action
				  until the plan and schedule are approved by the Division.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96; A by R189-08,
				  8-25-2009
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.2272 - Contamination of soil: Establishment of action levels

Current through June 11, 2024
1. For the purposes of NAC 445A.22695 to
				445A.2271, inclusive, the action level for soil must be established at the
				following levels:
(a) The background
				concentration or volume of a hazardous substance, hazardous waste or a
				regulated substance set forth in:
(1) The
				permit issued to the owner or operator by the Division; or
(2) A study approved by the
				Division.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.22725 - Contamination of groundwater: Order by Director for corrective action; request for exemption; exception

Current through June 11, 2024
1. Except as
				otherwise provided in this section, the Director may require an owner or
				operator to take corrective action if the release of a hazardous substance,
				hazardous waste or a regulated substance contaminates groundwater and the level
				of contamination exceeds the action level established for the groundwater
				pursuant to NAC 445A.22735.
2. An
				owner or operator may, before initiating corrective action or after the
				termination of remediation pursuant to NAC 445A.22745, submit a written request
				to the Director for an exemption from the provisions of subsection 1. The
				request must be accompanied by such supporting information as the Director may
				require. The Director may grant the request if:
(a) The following conditions are satisfied:
(1) Each source of the contamination of the
				groundwater is identified and controlled or no source of the contamination
				remains based upon the age and nature of the release;
(2) The magnitude and extent of the
				contamination of the groundwater is known; and
(3) Data are available from at least 3 years
				of quarterly monitoring or another period specified by the Division based upon
				the magnitude of the contamination of the groundwater and the data do not show
				a trend of increasing concentrations of the contamination in the body of the
				plume of the contamination;
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.2273 - Contamination of groundwater: Plan and schedule for completing corrective action

Current through June 11, 2024
An owner or operator who is required to take corrective
				  action pursuant to NAC 445A.22725 shall submit to the Division a plan and
				  schedule for completing the corrective action. The owner or operator shall not
				  take any corrective action until the plan and schedule are approved by the
				  Division.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.22735 - Contamination of groundwater: Establishment of action levels

Current through June 11, 2024
1. For the purposes of NAC 445A.22725,
				445A.2273 and 445A.2274, the action level for groundwater must be established
				at the following levels:
(a) The presence of
				1/2 inch or more of a petroleum substance that is free-floating on the surface
				of the water of an aquifer, using a measurement accuracy of .01 feet.
(b) The presence of a hazardous substance,
				hazardous waste or a regulated substance in groundwater at a level of
				concentration equal to the maximum contaminant level for that substance or
				waste established pursuant to the Safe Drinking Water Act,
				42 U.S.C.
				§§
											300 f et seq., and 40 C.F.R.
				Part 141, as those sections existed on October 3, 1996.
(c) A level of concentration equal to the
				background concentration of a hazardous substance, hazardous waste or a
				regulated substance, if that level of concentration is greater than the maximum
				contaminant level established pursuant to paragraph (b).
(d) If a maximum contaminant level has not
				been established for a hazardous substance, hazardous waste or a regulated
				substance, a level of concentration equal to:
(1) The background concentration of the waste
				or substance; or
(2) An appropriate
				level of concentration that is based on the protection of public health and
				safety and the environment. The appropriate level of concentration must be
				determined by the Division using the Integrated Risk Information System,
				adopted by reference in NAC 445A.2272, or an equivalent method approved by the
				Division.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.2274 - Contamination of groundwater: Remediation standard

Current through June 11, 2024
Unless remediation of a release may be terminated pursuant to
				  NAC 445A.22745, the remediation standard for groundwater shall be deemed to be
				  the action level of the groundwater.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.22745 - Contamination of groundwater: Conditions for terminating remediation of release; monitoring

Current through June 11, 2024
1. After any
				corrective action required by NAC 445A.22725 involving the treatment of
				groundwater is begun, the owner or operator may terminate remediation of the
				release after submitting written documentation and receiving written
				concurrence from the Division if:
(a) An
				assessment of the contaminated groundwater is conducted and indicates that the
				level of contamination is consistently below the action level for that water
				established pursuant to NAC 445A.22735;
(b) A test of asymptotic concentrations
				specified in paragraph (c) is not appropriate, as determined by the Division
				based on the nature of the treatment used or the conditions at the site which
				limit the effectiveness of any available treatment, and the owner or operator
				complies with the conditions for the termination of remediation set forth in an
				approved plan of corrective action or an approved amendment to such a plan;
				or
(c) After the groundwater is
				treated for not less than 1 year, the concentration of dissolved constituents
				in the water, measured monthly, fits a curve that is substantially linear and
				approaches zero slope at the final portion of the curve. The curve must be
				established using the following equation:
C = Cf + Coe-kt
Where: "C" means the concentration of the contaminant at "t"
				  in micrograms per liter.
"Cf" means the final concentration of the contaminant in
				  micrograms per liter which the curve approaches asymptotically.
"Co" means the difference between the final concentration of
				  the contaminant and the concentration of the contaminant at time zero in
				  micrograms per liter.
"e" means the base of the natural log or 2.718.
"t" means the time measured in days.
"k" means the decay constant.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.2275 - Contamination of surface water

Current through June 11, 2024
1. The Director may
				require an owner or operator to take corrective action if the release of a
				hazardous substance, hazardous waste or a regulated substance contaminates
				surface water and the level of contamination exceeds the action level
				established for the water pursuant to subsection 2.
2. For the purposes of subsection 1, the
				action levels and remediation standards for surface water must conform to the
				standards for water quality set forth in NAC 445A.120, 445A.121, 445A.122 and
				445A.1236.
3. An owner or operator
				who is required to take corrective action pursuant to this section shall submit
				to the Division a plan and schedule for completing the corrective action. The
				owner or operator shall not take any corrective action until the plan and
				schedule are approved by the Division.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Action Levels for Contaminated Sites › Section 445A.22755 - Public hearings regarding corrective action affecting more than one owner or operator

Current through June 11, 2024
The Administrator may hold such hearings as he or she deems
				  necessary to obtain public testimony regarding any corrective action required
				  to be taken pursuant to NAC 445A.226 to 445A.2275, inclusive, which affects
				  more than one owner or operator or members of the general
				  public.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96; A by R189-08,
				  8-25-2009
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.229 - Issuance of permit prohibited in certain cases

Current through June 11, 2024
In addition to the cases enumerated in NRS
				  NRS
				  445A.490, no permit may be issued which
				  authorizes any discharge into any waters of the State:
1. Which the Secretary of the Army, acting
				through the Chief of Engineers, finds would substantially impair anchorage and
				navigation of navigable waters; or
2. To which the Regional Administrator
				objects in writing pursuant to § 402(d) of the Act.
Environmental Comm'n,
				  Water Pollution Control Reg. § 2.4.1, eff. 5-2-78; A 12-20-79;
				  §§ 2.4.1.4 & 2.4.1.5, eff. 5-2-78-Substituted in revision for NAC
				  445.141
NRS
					 445A.425,
					 445A.465,
					 445A.490
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.230 - Application for permit

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, any person wishing to commence future
				discharges of pollutants must file a complete permit application on forms
				provided by the Department, not less than 180 days in advance of the date on
				which the person desires to commence the discharge of pollutants, unless the
				Department has granted permission for a later date.
2. The owner of a facility described in
				subparagraph (4) of paragraph (c) of subsection 2 of NAC 445A.228 must file a
				complete permit application on forms provided by the Department not later than
				90 days after receiving notification of having been identified by the
				Administrator or the Director as a significant contributor of
				pollution.
3. The Director:
(a) May require the submission of additional
				information after a permit application has been filed; and
(b) Shall ensure that if a permit application
				is incomplete or otherwise deficient, processing of the application is not
				completed until such time as the applicant has supplied the missing information
				or otherwise corrected the deficiency.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.231 - Signatures required on application, reporting forms and discharge monitoring report

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 3, application and reporting forms submitted
				to the Department must be signed by:
(a) A
				principal executive officer of the corporation (of at least the level of vice
				president) or his or her authorized representative who is responsible for the
				overall operation of the facility from which the discharge described in the
				application or reporting form originates.
(b) A general partner of the
				partnership.
(c) The proprietor of
				the sole proprietorship.
(d) A
				principal executive officer, ranking elected official or other authorized
				employee of the municipal, state or other public facility.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.233 - Determination of application prior to public notice

Current through June 11, 2024
1. The
				Department shall formulate and prepare tentative determinations regarding
				permit applications in advance of public notice of the proposed issuance or
				denial of the permit. The tentative determinations must include at least the
				following:
(a) A proposed determination to
				issue or deny a permit for the discharge described in the application;
				and
(b) If the determination
				proposed in paragraph (a) is to issue the permit, the following additional
				tentative determinations must be made:
(1) The
				proposed effluent limitations, identified pursuant to NAC
				445A.243, for those pollutants
				proposed to be limited;
(2) A
				proposed schedule of compliance, including interim dates and requirements, for
				meeting the proposed effluent limitations, identified pursuant to NAC
				445A.244;
(3) A brief description of any other proposed
				special conditions, apart from those required in NAC
				445A.229,
				445A.243,
				445A.244,
				445A.245,
				445A.247,
				445A.256 to
				445A.259, inclusive, and
				445A.262, which will have a
				significant impact upon the discharge described in the application;
(4) The findings from the antidegradation
				review, if required, pursuant to section 15; and
(5) The determination of the Commission
				regarding the issuance of a permit that will result in the degradation of the
				baseline water quality, interim baseline value or requirement to maintain
				existing higher water quality, as applicable, in the receiving water, if
				required, pursuant to section 17.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.234 - Public notice regarding permit; contents

Current through June 11, 2024
1. Public
				notice of every complete application for a discharge permit, except for a
				temporary permit or a permit for pretreatment discharge or the poisoning of
				trash fish, must be:
(a) Unless otherwise
				required by federal law, published on an Internet website designed to give
				general public notice; and
(b)
				Mailed to any person or group on the mailing list maintained by the Department
				or upon request.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.235 - Notice to other governmental agencies

Current through June 11, 2024
The Director shall notify other appropriate governmental
				  agencies of each complete application for a permit, except for a temporary
				  permit, and shall provide the agencies with an opportunity to submit their
				  written views and recommendations. Procedures for such notification must
				  include the following:
1. At the time
				of issuance of a public notice, pursuant to NAC 445A.234, transmission of a
				fact sheet to any other states whose waters may be affected by the issuance of
				a permit and, upon request, providing such states with a copy of the
				application and a copy of the draft permit prepared pursuant to subsection 2 of
				NAC 445A.233. Each affected state must be given an opportunity to submit
				written recommendations to the Director and to the Regional Administrator which
				the Director may incorporate into the permit if issued. Should the Director
				fail to incorporate any written recommendations thus received, he or she shall
				provide to the affected state or states, and to the Regional Administrator, a
				written explanation of his or her reasons for failing to accept any of the
				written recommendations.
2. A
				procedure, similar to that prescribed by subsection 1, for notifying any
				interstate agency having water quality control authority over waters which may
				be affected by the issuance of a permit.
3. At the time of issuance of a public notice
				pursuant to NAC 445A.234, transmission of a fact sheet to the appropriate
				district engineer of the Army Corps of Engineers for applications involving
				discharges to navigable waters. A copy of any written agreement made pursuant
				to this subsection between the Director and a district engineer must be
				forwarded to the Regional Administrator and must be made available to the
				public for inspection and copying.
4. A procedure for mailing copies of fact
				sheets of applications for permits to any other federal, state or local agency
				upon request and providing such agencies an opportunity to respond, comment or
				request a public hearing pursuant to NAC 445A.238.
5. Procedures for notice to and coordination
				with appropriate public health agencies for the purpose of assisting the
				applicant in coordinating the applicable requirements of the Act with any
				applicable requirements of such public health agencies.
Environmental Comm'n,
				  Water Pollution Control Reg. §§ 4.4-4.4.5, eff. 2-26-75-NAC A by
				  R020-99, 9-27-99
NRS
					 445A.425,
					 445A.465,
					 445A.590
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.236 - Fact sheets

Current through June 11, 2024
1. For every
				discharge for which public notice was required pursuant to NAC 445A. 234, the
				Director shall prepare and, following the public notice, shall send upon
				request to any person a fact sheet with respect to the application described in
				the public notice. The contents of such fact sheets must include at least the
				following information:
(a) A sketch or
				detailed description of the location of the discharge described in the
				application;
(b) A quantitative
				description of the discharge described in the application which includes at
				least the following:
(1) The rate or
				frequency of the proposed discharge and, if the discharge is continuous, the
				average daily flow in gallons per day or million gallons per day;
(2) For thermal discharges subject to
				limitation under the Act, the average summer and winter temperatures in degrees
				Fahrenheit; and
(3) The average
				daily discharge in pounds per day of any pollutants which are present in
				significant quantities or which are subject to limitations or prohibition under
				§ 301, 302, 306 or 307 of the Act,
				33 U.S.C. §
												1311,
				1312,
				1316 or
				1317, and regulations published
				thereunder;
(c) The
				tentative determinations required under NAC
				445A.233;
(d) A brief citation, including a brief
				identification of the uses for which the receiving waters have been classified,
				of the water quality standards and limitations applied to the proposed
				discharge;
(e) The findings from
				the antidegradation review, if required, pursuant to section 15;
(f) The determination of the Commission
				regarding the issuance of a permit that will result in the degradation of the
				baseline water quality, interim baseline value or requirement to maintain
				existing higher water quality, as applicable, in the receiving water, if
				required, pursuant to section 17, which must include, without limitation, both
				the reasoning of the Commission and information supporting the reasoning of the
				Commission; and
(g) A fuller
				description of the procedures for the formulation of final determinations than
				that given in the public notice including:
(1)
				The 30-day comment period required by subsection 3 of NAC
				445A.234;
(2) Procedures for requesting a public
				hearing and the nature thereof; and
(3) Any other procedures by which the public
				may participate in the formulation of the final determinations.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.237 - Public access to information; confidentiality

Current through June 11, 2024
1. The
				Director shall ensure that any application, reporting or related forms,
				including the draft permits prepared pursuant to subsection 1 of NAC 445A.233,
				or any public comment upon those forms pursuant to subsection 3 of NAC 445A.234
				are available to the public for inspection and copying. The Director may also
				make available to the public any other records, reports, plan or information
				obtained by the State pursuant to its participation in the permit
				program.
2. The Director shall
				protect any information, other than effluent data, contained in such forms or
				other records, reports or plans as confidential upon a showing by any person
				that such information, if made public, would divulge methods or processes
				entitled to protection as trade secrets of that person. If, however, the
				information being considered for confidential treatment is contained in any
				NPDES form, the Director shall forward the information to the Regional
				Administrator for his or her concurrence in any determination of
				confidentiality. If the Regional Administrator issues a decision to the
				Department that the information is not entitled to protection as a trade
				secret, the information must be made available to the public by the
				Department.
3. Any information
				accorded confidential status, whether or not contained in any NPDES form, must
				be disclosed, upon request, to the Regional Administrator or the authorized
				representative of the Regional Administrator, who shall maintain the disclosed
				information as confidential.
4. The
				Director shall provide facilities for the inspection of information relating to
				application, reporting and permit forms and shall ensure that state employees
				honor requests for such inspection promptly without undue restrictions. The
				Director shall either:
(a) Ensure that copying
				machines are available for a reasonable fee; or
(b) Otherwise provide for copying services so
				that requests for copies of nonconfidential documents may be honored
				promptly.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.238 - Request for public hearing

Current through June 11, 2024
1. The Director
				shall provide an opportunity for the applicant, any affected state, any
				affected interstate agency, the Regional Administrator or any interested
				agency, person or group of persons to request a public hearing with respect to
				a permit application.
2. The
				request must be filed within the 30-day period prescribed in subsection 3 of
				NAC 445A.234, and must indicate the interest of the person filing the request
				and the reasons why a hearing is warranted. The Director shall hold a hearing
				if there is a significant public interest for holding it. Expressions of public
				interest such as the filing of requests for the hearing will be considered.
				Instances of doubt will be resolved in favor of holding a hearing.
3. Any hearing pursuant to this section must
				be held in the geographical area of the proposed discharge or other appropriate
				area, in the Director's discretion. As appropriate, the Director may consider
				related groups of permit applications.
4. Public notice for the hearing must be made
				at least 30 days prior to the hearing and in accordance with the requirements
				stated in subsection 1 of NAC 445A.234. Any person or agency which has received
				notice of the permit application must also receive notice of the public
				hearing. If a hearing is requested by an applicant for a discharge permit, upon
				determination by the Director to hold such a hearing, the hearing must be held
				in accordance with chapter 233B of NRS unless waived by the applicant. The
				Department shall notify the applicant of its intent to schedule such a hearing
				and the procedures to be followed.
Environmental Comm'n,
				  Water Pollution Control Reg. § 2.3.2, eff. 5-2-78; § 4.6, eff.
				  2-26-75-NAC A 12-3-84-Substituted in revision for NAC
				  445.150
NRS
					 445A.425,
					 445A.465,
					 445A.595
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.239 - Notice of public hearings: Contents of notice

Current through June 11, 2024
1.
				Public notice of any public hearing held pursuant to NAC
				445A.070 to
				445A.340, inclusive, must be
				provided at least as widely as was the notice of the permit application. Notice
				for public hearings held under NAC
				445A.238 must be:
(a) Published on an Internet website designed
				to give general public notice;
(b)
				Sent to all persons and government agencies which received a copy of the notice
				or the fact sheet for the permit application;
(c) Mailed to any person or group upon
				request; and
(d) Given, pursuant to
				paragraphs (a), (b) and (c), at least 30 days in advance of the
				hearing.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.240 - Notification of issuance or denial

Current through June 11, 2024
1. If a permit is
				issued, the applicant must be notified in writing of the specific limitations
				and conditions contained in the permit. A copy of the permit issued must be
				attached to the notification.
2. If
				the Department determines that a permit should not be issued, the applicant
				must be notified of the denial and the reasons for denial by certified
				mail.
3. A copy of each application
				for a permit and each permit which has been issued must be made available to
				the public.
Environmental Comm'n,
				  Water Pollution Control Reg. §§ 2.3.3-2.3.5, eff. 5-2-78-Substituted
				  in revision for NAC 445.152
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.241 - Duration and reissuance of permits

Current through June 11, 2024
1. The duration of
				permits is fixed and does not exceed 5 years. The expiration date must be
				recorded on each permit issued. A new application must be filed with the
				Department to obtain renewal or modification of a permit. Applications for
				renewal must be filed at least 180 days prior to expiration of the
				permit.
2. For the reissuance of a
				permit, the same procedures must be followed as for the initial issuance of a
				permit.
3. A person who holds an
				expired permit and who has submitted a timely application for renewal of the
				permit in the manner set forth in subsection 1 may continue to conduct the
				permitted activity in accordance with the terms and conditions of the expired
				permit until the Department takes final action on the application unless:
(a) The Department determines that the
				permittee is not in substantial compliance with the terms and conditions of the
				expired permit or with a compliance schedule designed to bring the permittee in
				compliance with the terms and conditions of the expired permit;
(b) The Department, as a result of an action
				or the failure to act of the permittee, has been unable to take final action on
				the application on or before the expiration date of the permit; or
(c) The permittee has submitted an
				application with major deficiencies or has failed to supplement properly the
				application in a timely manner after being informed of deficiencies.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.242 - Transmission of issued permits to Regional Administrator

Current through June 11, 2024
The Director shall transmit to the Regional Administrator a
				  copy of every issued permit, immediately following issuance, along with any and
				  all terms, conditions, requirements or documents which are a part of such
				  permit or which affect the authorization by the permit of the discharge of
				  pollutants.
Environmental Comm'n,
				  Water Pollution Control Reg. § 5.6, eff. 2-26-75-Substituted in revision
				  for NAC 445.154
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.243 - Establishment of effluent limitation

Current through June 11, 2024
In establishing an effluent limitation to carry out the
				  policy of this State set forth in
				  NRS
				  445A.305, consideration must be given to, but
				  is not limited by, the following:
1.
				The effect of the discharge on the receiving waters and its beneficial
				use.
2. The need for standards that
				specify by chemical, physical, biological or other characteristics the extent
				to which pollution by various substances will not be tolerated.
3. Standards for water quality and effluent
				limitations promulgated from time to time by the United States Environmental
				Protection Agency, including the following:
(a) Effluent limitations under §§
				301 and 302 of the Act, 33
				U.S.C. §§
											1311 and
				1312.
(b) Standards of performance for new sources
				under § 306 of the Act, 33 U.S.C. §
											1316.
(c) Effluent standards, effluent prohibitions
				and pretreatment standards under § 307 of the Act,
				33 U.S.C. §
											1317.
(d) Any more stringent limitations, including
				those:
(1) Necessary to meet standards for
				water quality and treatment or schedules of compliance, established pursuant to
				any state law or regulation;
(2)
				Necessary to meet any other federal law or regulation;
(3) Required to carry out any applicable
				standards for water quality; or
(4)
				Necessary to carry out the antidegradation requirements set forth in sections 3
				to 19, inclusive. Such limitations must include any legally applicable
				requirements necessary to carry out total maximum daily loads established
				pursuant to § 303(d) of the Act,
				33 U.S.C. §
												1313(d), and incorporated in
				the continuing planning process approved under § 303(e) of the Act,
				33 U.S.C. §
												1313(e), and any regulations
				and guidelines issued thereunder.
(e) Any more stringent legally applicable
				requirements necessary to comply with a plan approved pursuant to § 208(b)
				of the Act, 33 U.S.C. §
											1288(b).
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.244 - Schedules of compliance

Current through June 11, 2024
1. In addition to
				the application of the water quality standards and limitations and other
				legally applicable requirements pursuant to subsection 3 of NAC 445A.243, the
				Director shall adhere to the following procedures in establishing schedules of
				compliance:
(a) A permit issued for any
				discharge not in compliance with the requirements listed in subsection 3 of NAC
				445A.243 must contain a schedule to reach compliance with those requirements.
				The schedule must set forth interim requirements and the dates for their
				achievement.
(b) Not later than 14
				days following each interim date and the final date for compliance contained in
				the schedule, the holder of the permit shall provide the Director with written
				notice of the holder's compliance or noncompliance with the interim or final
				requirement.
(c) If a holder of a
				permit fails or refuses to comply with an interim or final requirement in a
				permit, such noncompliance constitutes a violation of the permit for which the
				Director may suspend or revoke the permit or take direct enforcement
				action.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.245 - Verification of water quality

Current through June 11, 2024
1. In any case,
				where an issued permit applies, the effluent standards and limitations
				described in paragraphs (a), (b) and (c) of subsection 3 of NAC 445A.243, the
				Director shall state that the discharge authorized by the permit will not
				violate applicable standards for water quality and shall prepare some explicit
				verification of that statement. A completed fact sheet as required by NAC
				445A.236 is deemed to satisfy the requirement for explicit
				verification.
2. In any case where
				an issued permit applies any more stringent effluent limitation based upon
				applicable standards for water quality, a waste load allocation must be
				prepared to ensure that the discharge authorized by the permit is consistent
				with applicable standards for water quality.
Environmental Comm'n,
				  Water Pollution Control Reg. §§ 5.2.2 & 5.2.3, eff.
				  2-26-75-Substituted in revision for NAC 445.157
NRS
					 445A.425,
					 445A.465