reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.839 - "Zone for injection" defined

Current through June 11, 2024
"Zone for injection" means a geological formation, group of
				  formations or part of a formation through which fluids from a well are
				  received.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.42345
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Definitions › Section 445A.840 - "Zone of endangering influence" defined

Current through June 11, 2024
"Zone of endangering influence" means the area in which
				  increased pressures in the formation for injection may cause migration of the
				  injected fluid or the fluid in the formation into an underground source of
				  drinking water.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.4235
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.842 - Applicability of regulations

Current through June 11, 2024
NAC 445A.810 to 445A.925, inclusive, apply to any person
				  proposing to construct, alter, repair or abandon any injection well, or owning,
				  using or operating, or proposing to use or operate any injection well on any
				  lands within this State except for:
1.
				Any injection well which is constructed or operated on land, whether tribal or
				allotted, within the limits of any Indian reservation or dependent Indian
				colony under the jurisdiction of the Federal Government; or
2. Any on-site sewage disposal system as
				defined in NAC 445A.9556.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87; A by R194-07, 8-26-2008-Substituted in
				  revision for NAC 445.42355
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.843 - Applicable standards of other governmental agencies

Current through June 11, 2024
The provisions of any federal, state, county or municipal law
				  or regulation establishing standards for injection wells which affords greater
				  protection to the public welfare, safety and health and to the groundwater
				  prevail within the jurisdiction of that governmental entity over standards
				  established by NAC 445A.810 to 445A.925, inclusive. Those sections do not
				  replace, or in any way affect the responsibility of any person to comply with
				  the regulations and rules of practice and procedure administered by any other
				  governmental agency.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.4236
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.8435 - Public access to information concerning locations of groundwater protection areas and other sensitive groundwater areas

Current through June 11, 2024
The Division shall ensure that information concerning the
				  locations of groundwater protection areas and other sensitive groundwater areas
				  is made available to the public in accordance with
				  40
				  C.F.R. §
										144.87(d).
Added to NAC by
				  Environmental Comm'n by R042-01, eff. 10-25-2001
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.844 - Classes of injection wells

Current through June 11, 2024
NAC 445A.845 to 445A.849, inclusive, define the various
				  classes of injection wells.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.42365
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.845 - Class I wells

Current through June 11, 2024
A Class I well is an injection well for the disposal of
				  industrial, municipal and radioactive waste, whereby fluids are injected below
				  the lowest formation containing, within one-quarter mile of the well bore,
				  water with a concentration of total dissolved solids of 10,000 milligrams or
				  less per liter, and includes:
1. A
				well used for the injection of hazardous waste by a person who generates
				hazardous waste or an owner or operator of a facility for the management of
				hazardous waste;
2. A well for the
				disposal of industrial waste; and
3. Except as otherwise provided in this
				subsection, a well for the disposal of municipal waste. The classification of
				Class I well does not include a well for the disposal of treated municipal
				effluent.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87; A by R042-01, 10-25-2001; R103-04,
				  2-11-2005
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.846 - Class II wells

Current through June 11, 2024
A Class II well is an injection well for the production and
				  storage of oil and gas and includes a well which injects fluids:
1. Which are brought to the surface in
				connection with the conventional production of oil or natural gas;
2. For enhanced recovery of oil or natural
				gas; and
3. For storage of
				hydrocarbons which are liquid at standard temperature and pressure.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.42375
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.847 - Class III wells

Current through June 11, 2024
A Class III well involves a special process which injects
				  fluids for the extraction of minerals or energy, except geothermal energy, and
				  includes:
1. Mining of sulfur by the
				Frasch process;
2. In situ
				production of uranium or other metals from bodies of ore which have not been
				conventionally mined;
3. Solution
				mining of salts or potash; and
4.
				In situ recovery of fossil fuel, which includes coal, tar sands, oil shale and
				any other fossil fuel which can be mined by this process.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.4238
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.848 - Class IV wells

Current through June 11, 2024
A Class IV well is an injection well which injects hazardous
				  wastes into or above a formation containing, within one-quarter mile of the
				  well bore, an underground source of drinking water or an aquifer which has been
				  exempted pursuant to NAC 445A.850 to 445A.855, inclusive, and includes a well
				  used by:
1. Persons who generate
				hazardous waste or radiological or high-level radioactive waste; and
2. An owner or operator of a facility for the
				management of hazardous waste or a site for the disposal of radioactive
				waste.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.42385
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.849 - Class V wells

Current through June 11, 2024
A Class V well is any injection well not included in Classes
				  I, II, III and IV, including, without limitation:
1. Wells used to inject the water for heating
				or cooling by a heat pump;
2.
				Cesspools or other devices receiving wastes which have an open bottom and
				sometimes have perforated sides;
3.
				Wells used to inject water previously used for cooling;
4. Wells used to drain surface fluid,
				primarily the runoff from storms, into a subsurface formation;
5. Wells used for the injection of fluids
				accumulated from dewatering operations;
6. Drywells and wells used for the injection
				of nonhazardous wastes into a subsurface formation;
7. Wells used to replenish the water in an
				aquifer;
8. Wells used to inject
				water into an aquifer of fresh water to prevent the intrusion of water of a
				lower quality into the fresh water;
9. Wells used to inject a mixture of water
				and sand, mill tailings or other solids into subsurface mines;
10. Wells used to inject domestic sewage for
				facilities other than single-family residences and having a volume capacity of
				more than 5,000 gallons per day which are regulated as on-site sewage disposal
				systems pursuant to NAC
				445A.950 to
				445A.9706, inclusive;
11. Wells used to inject fluids into a zone,
				other than an oil or gas producing zone, to reduce or eliminate subsidence
				associated with the overdraft of fresh water;
12. Wells used for the storage of
				hydrocarbons in a gaseous state at standard temperature and pressure;
13. Geothermal injection wells used in
				contact and noncontact heating and aquaculture, and in the production of
				energy;
14. Wells used for solution
				mining of ores or minerals in conventional mines, such as stopes
				leaching;
15. Wells used to inject
				spent brine into the same formation from which it was withdrawn after
				extraction of halogens or their salts;
16. Injection wells used in experimental
				technologies;
17. Injection wells
				that are approved under a federal or state cleanup program and used to reinject
				pumped and treated contaminated groundwater, other than hazardous waste, back
				into the same formation;
18.
				Injection wells used to inject fluids for the chemical or microbiological
				treatment of contaminated groundwater or soil; and
19. Motor vehicle waste disposal
				wells.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87; A by R042-01, 10-25-2001; R103-04,
				  2-11-2005; R194-07, 8-26-2008; A by
				  R101-16A,
				  eff. 12/21/2016
NRS
				  445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.8491 - Motor vehicle waste disposal wells: Requirements for well in operation or under construction on or before April 5, 2000

Current through June 11, 2024
1. The owner of an existing motor vehicle
				waste disposal well that was in operation or under construction on or before
				April 5, 2000, shall close the well, obtain a permit to operate the well or
				convert the well in accordance with NAC 445A.8493 to 445A.8499,
				inclusive.
2. Not later than 90
				days after October 25, 2001, the owner of the well shall submit to the Director
				information concerning the location and operating status of the well, and such
				additional information concerning the well as requested by the
				Director.
3. Based on the
				information provided by the owner of the well, the Director shall determine
				whether the well is located within a groundwater protection area and notify the
				owner of that determination.
4. If
				the Director determines that the well is not located within a groundwater
				protection area, the Director shall make a preliminary determination, based on
				data provided by the Division, whether the well is located within another
				sensitive groundwater area and notify the owner of that determination. If the
				Director makes a preliminary determination that a well is located within
				another sensitive groundwater area, the owner of the well shall close the well,
				obtain a permit to operate the well or convert the well in accordance with NAC
				445A.8493 to 445A.8499, inclusive.
5. If, by January 1, 2004, or, if an
				extension has been approved by the Environmental Protection Agency, by January
				1, 2005, the local source water assessment has not been completed and the plan
				for the determination of other sensitive groundwater areas has not been carried
				out for the area in which the motor vehicle waste disposal well is located, the
				motor vehicle waste disposal well shall be deemed to be located within a
				groundwater protection area and must be permitted, closed or converted
				accordingly.
6. If the Director
				determines that the well is not located within a groundwater protection area or
				other sensitive groundwater area, and if the well is not deemed to be located
				within a groundwater protection area pursuant to subsection 5, the owner shall
				close the well, obtain a permit to operate the well or convert the well in
				accordance with its classification pursuant to NAC 445A.810 to
				445A.925.
Added to NAC by
				  Environmental Comm'n by R042-01, eff. 10-25-2001; A by R103-04,
				  2-11-2005
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.8493 - Motor vehicle waste disposal wells: Deadlines for owner of well to meet requirements; extension of deadlines; conversion of well

Current through June 11, 2024
1. Except as otherwise provided in this
				section, the owner of an existing motor vehicle waste disposal well that is
				located within:
(a) A groundwater protection
				area shall, not later than 1 year after the date on which the local source
				water assessment for the area is completed or January 1, 2005, whichever occurs
				first, close the well, obtain a permit to operate the well or convert the
				well.
(b) Another sensitive
				groundwater area shall, not later than January 1, 2007, close the well, obtain
				a permit to operate the well or convert the well.
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.8495 - Motor vehicle waste disposal wells: Application for permit to continue operation of well

Current through June 11, 2024
1. If the owner of
				a motor vehicle waste disposal well determined to be located within a
				groundwater protection area or other sensitive groundwater area wishes to
				obtain a permit to continue operating the well, the owner must request an
				application for a permit from the Division. The owner must submit a completed
				application to the Director not later than 90 days after the date on which the
				owner receives the application from the Division.
2. Not later than 30 days after the date on
				which the Director receives the application, the Director shall review the
				application to determine whether it is complete. The Director may request
				additional information from an applicant if the Director determines that the
				application is not complete. When an application is determined to be complete,
				the Division shall make a final determination as to whether the well is located
				in another sensitive groundwater area.
3. To obtain and maintain a permit to operate
				a motor vehicle waste disposal well located within a groundwater protection
				area or other sensitive groundwater area, the owner of the well must:
(a) Demonstrate that, at the point of
				injection of the well, the drinking water standards of this State are met as of
				the date on which the application is submitted, and will continue to be met
				thereafter;
(b) Submit with the
				application a plan that establishes the best practices for the management of
				the well, and agree to put into place and carry out the plan as described in
				the permit; and
(c) Agree to
				monitor injectate and sludge quality for the well.
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.8497 - Motor vehicle waste disposal wells: Conditions for granting exemption to owner of well determined to be located in other sensitive groundwater area

Current through June 11, 2024
1. The owner of an
				existing motor vehicle waste disposal well determined to be located in another
				sensitive groundwater area may request an exemption from the provisions of NAC
				445A.8491 to 445A.8499, inclusive. The Director may grant an exemption if the
				applicant demonstrates that the motor vehicle waste disposal well is not
				located in another sensitive groundwater area based on the injection activities
				of the well, in correlation with the geological and hydrogeological conditions
				of the site of the well.
2. In
				determining whether to grant an exemption, the Director shall consider, without
				limitation:
(a) The specific characteristics
				of the site of the well, including, without limitation, the:
(1) Depth to the level of
				groundwater;
(2) Characteristics of
				the vadose zone;
(3) Proximity of
				the well to drinking water wells; and
(4) Existing water quality for the
				site;
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.8499 - Motor vehicle waste disposal wells: Requirements for owner of well when location is changed by updated local source water assessment

Current through June 11, 2024
1. Except as otherwise provided in this
				section, if a motor vehicle waste disposal well initially determined not to be
				located in a groundwater protection area is subsequently determined to be
				located within a groundwater protection area pursuant to an updated local
				source water assessment, the owner of the well shall, not later than 1 year
				after the issuance of public notice of the change:
(a) Close the well;
(b) Obtain, pursuant to NAC 445A.8495, a
				permit to operate the well; or
(c)
				Convert the well and obtain a permit to operate the converted well.
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.850 - Injection of fluid that degrades quality of aquifer prohibited; exemption of aquifer by Director

Current through June 11, 2024
No person may inject a fluid which degrades the physical,
				  chemical or biological quality of the aquifer into which the fluid is injected,
				  unless the:
1. Director, pursuant to
				NAC 445A.851, exempts the aquifer from this requirement; and
2. Administrator of the Environmental
				Protection Agency does not disapprove the exemption.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87; A by R042-01,
				  10-25-2001
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.851 - Criteria for determining exemption of aquifer

Current through June 11, 2024
The Director shall consider the following criteria in
				  determining whether to exempt an aquifer or a portion thereof from the
				  provisions of NAC 445A.850:
1. It does
				not currently serve as a source of drinking water and, because of the following
				reasons, it does not and will not serve as a source of drinking water:
(a) It produces a mineral, hydrocarbon or
				geothermal fluid or an applicant for a permit for a Class II or Class III well
				can demonstrate to the satisfaction of the Director that it contains minerals
				or hydrocarbons that, considering their quantity and location, are expected to
				be capable of commercial production;
(b) It is situated at a depth or location
				which makes recovery of water for drinking economically or technologically
				impractical;
(c) It would be
				economically or technologically impractical to render the water fit for human
				consumption; or
(d) It is located
				over a mining area with a Class III well and is subject to subsidence or
				catastrophic collapse; or
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.852 - Identification of exempted aquifers

Current through June 11, 2024
The Director may identify by narrative description,
				  illustrations, maps, or other means and describe in geographic or geometric
				  terms, such as vertical and lateral limits and gradient, all aquifers or parts
				  thereof exempted pursuant to NAC 445A.850 and 445A.851.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.42405
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.853 - Exemption terminated when well abandoned; exception

Current through June 11, 2024
An exemption granted pursuant to NAC 445A.850 and 445A.851
				  for an aquifer underlying an injection well must be automatically terminated
				  when that well is abandoned and plugged, unless that well is one of several
				  wells for which a single permit has been issued pursuant to NAC 445A.883 and an
				  exemption has been granted for that portion of an aquifer comprising the zone
				  for injection for that field of wells.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.4241
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.854 - List of exempted aquifers

Current through June 11, 2024
A list of exempted aquifers must be maintained for public
				  inspection at the offices of the Department.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.42415
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.855 - Specific aquifers exempted

Current through June 11, 2024
The following proven, oil-bearing portions of the Railroad
				  Valley aquifer in Nye County, Nevada, are, on July 22, 1987, exempt from the
				  requirements of NAC 445A.850 and 445A.851 for activities related to a Class II
				  well:
1. A radius of one-quarter mile
				around the following wells in the Eagle Springs field:
(a) John Lyddon #1 (Section 35, Township 9
				North, Range 57 East, M.D.B. & M.).
(b) Draycutt Corporation #45 (Section 36,
				Township 9 North, Range 57 East, M.D.B. & M.).
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.856 - Prohibited wells and injections; exceptions

Current through June 11, 2024
1.
				Except as otherwise provided in this section, Class I and Class IV injection
				wells are prohibited, and the Division shall not issue any permit to construct
				or operate such a well.
2.
				Cesspools and other types of vertical injection wells or drywells used for the
				injection of sanitary waste, other than engineered leach fields approved by the
				Division or local health authority, are prohibited.
3. The injection of any hazardous waste
				through a well is prohibited, except under conditions where injection wells are
				used to inject contaminated groundwater that has been treated and is being
				injected into the same formation from which it was drawn, if the subsurface
				emplacement of fluids is approved by the Environmental Protection Agency, or
				this State, as required pursuant to the provisions for the cleanup of releases
				under the Comprehensive Environmental Response, Compensation, and Liability Act
				of 1980 (CERCLA),
				42
				U.S.C. §§
										9601 et seq., or pursuant
				to NAC 445A.226 to 445A.22755, inclusive.
4. Motor vehicle waste disposal wells that
				were not operational or under construction on or before April 5, 2000, are
				prohibited.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87; A 10-21-87; R042-01, 10-25-2001; R189-08,
				  8-25-2009
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.857 - Prohibited wells: Report by owner or operator

Current through June 11, 2024
Any Class I or Class IV well under construction or in
				  operation before July 22, 1987, must be reported by the owner or operator to
				  the Director within 30 days after that date. The report must contain the
				  following information:
1. The location
				of the injection well;
2. The name
				and address of the owner;
3. The
				name and address of the operator of the injection well, if the operator is a
				person other than the owner;
4.
				Drawings for the construction of the injection well which show the formations
				penetrated;
5. An analysis of the
				fluid injected into the well;
6.
				The date that injection was initiated;
7. The operating records showing the rate and
				pressure of the injection; and
8.
				The results of the tests performed on the well to determine its mechanical
				integrity.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87; A 10-21-87-Substituted in revision for NAC
				  445.4243
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.858 - Prohibited wells: Abandonment and plugging; monitoring

Current through June 11, 2024
Any Class I or Class IV injection well constructed or in
				  operation before July 22, 1987, must be abandoned and plugged. The plan for
				  abandoning and plugging must be submitted to and approved by the Director
				  within 90 days after the Director notifies the owner or operator of such a well
				  that it must be plugged and abandoned. The Director may also require the owner
				  or operator of such a well to:
1.
				Install wells to monitor the zone for injection and adjacent zones as necessary
				to detect the dispersion and migration of injected fluids within and from the
				zone for injection.
2. Monitor the
				levels of the fluid, quality of the water in the zone for injection and the
				wells monitoring the zone for injection at specified intervals.
3. Submit the results of such monitoring at
				the time and in the form he or she requires.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.42435
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.8585 - Establishment of concentration level for contaminant

Current through June 11, 2024
If a maximum contaminant level has not been established for a
				  contaminant, a concentration level for the contaminant may be established by
				  using:
1. The naturally occurring
				background concentration of the contaminant; or
2. An appropriate level of concentration
				based on the protection of public health and safety and the environment. The
				appropriate level of concentration of a contaminant must be determined by the
				Division using the Integrated Risk Information System adopted by reference
				pursuant to NAC 445A.2272, or an equivalent method approved by the
				Division.
Added to NAC by
				  Environmental Comm'n by R042-01, eff. 10-25-2001
NRS
					 445A.425,
					 445A.465,
					 445A.520
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.859 - Certification of documents submitted to Director

Current through June 11, 2024
All applications, reports or information submitted to the
				  Director must be signed and certified to be correct and true by the owner or
				  the operator.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.4244
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.860 - Confidentiality of information submitted to Director

Current through June 11, 2024
1. Any
				information submitted to the Director pursuant to NAC 445A.810 to 445A.925,
				inclusive, may be claimed as confidential by the person submitting the
				information. If the person submitting the information wants the Director to
				consider the information confidential pursuant to
				NRS
				445A.665, the claim must be asserted at the
				time of submission by stamping or writing "confidential business information"
				on each page containing the information. If a claim is not made at the time of
				submission, the Director may make the information available to the public
				without further notice.
2. In
				addition to the information described in
				NRS
				445A.665, the Director must deny a claim of
				confidentiality for the name and address of any applicant for a permit or any
				holder of a permit.
3. The
				confidential information must be disclosed, upon request, to the Administrator
				of the Environmental Protection Agency or the Administrator's authorized
				representative, who shall maintain the disclosed information as
				confidential.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87; A 10-21-87-Substituted in revision for NAC
				  445.42445
NRS
					 445A.425,
					 445A.465,
					 445A.665
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.861 - Complaint of violation; investigation

Current through June 11, 2024
A written complaint alleging a condition in violation of a
				  provision of NAC 445A.810 to 445A.925, inclusive, or a condition or limitation
				  of a permit may be filed with the Director by any person. An investigation of
				  the complaint must be made by the Director and a written report of the
				  investigation issued to the complainant and to the person alleged to have
				  committed the violation.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.4245
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › General Provisions › Section 445A.862 - Enforcement of regulations

Current through June 11, 2024
1. It is not a
				defense in an action to enforce the provisions of NAC 445A.810 to 445A.925,
				inclusive, for a holder of a permit to assert that halting or reducing the
				permitted activity would have been necessary to comply with the conditions of
				the permit.
2. Any violation of NAC
				445A.810 to 445A.925, inclusive, is grounds for an action for enforcement and
				the suspension, modification or revocation of a permit or the denial of the
				renewal of a permit.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.42455
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Permits for Underground Injection › Section 445A.865 - Purpose of issuing permits; no vested right acquired by holder

Current through June 11, 2024
The purpose of issuing permits is to protect the public
				  health and safety and the general welfare of the people of this State. Any
				  permit issued pursuant to NAC 445A.810 to 445A.925, inclusive, is a revocable
				  privilege and the holder of such a permit does not acquire thereby any vested
				  right.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.4248
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Permits for Underground Injection › Section 445A.866 - Effect of permit issued by Environmental Protection Agency

Current through June 11, 2024
Upon delegation to the State of Nevada by the Federal
				  Government of primary responsibility for enforcement of the Underground
				  Injection Control Program, permits issued by the Environmental Protection
				  Agency for injection wells within this State become state permits and are
				  administered by the Director for 5 years after the date of issuance of the
				  original permit from the Environmental Protection Agency. No fee may be
				  assessed for these permits until each is due for renewal.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.42485
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Permits for Underground Injection › Section 445A.868 - Information required in application for Class II well

Current through June 11, 2024
An applicant for a permit for a Class II well must include in
				  his or her application the following information concerning the injection
				  formation:
1. The fluid
				pressure;
2. The estimated fracture
				pressure; and
3. The physical and
				chemical characteristics of the injection zone.
Added to NAC by
				  Environmental Comm'n, eff. 10-21-87-Substituted in revision for NAC
				  445.42495
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Permits for Underground Injection › Section 445A.869 - Modification of information required in application for Class V well

Current through June 11, 2024
The Director may modify the information required in an
				  application for a permit for a Class V well for good cause and upon determining
				  that additional or less information will ensure that a proposed injection well
				  will not degrade an underground source of drinking water.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.425
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Permits for Underground Injection › Section 445A.870 - Information required in application for Class III well that necessitates exemption for aquifer

Current through June 11, 2024
For Class III wells, an applicant for a permit which
				  necessitates an exemption for the aquifer must furnish the information
				  necessary to demonstrate that the aquifer is expected to produce a mineral or
				  hydrocarbon. The Director shall consider information in the plan for mining for
				  the proposed project, such as a map and general description of the zone for
				  mining, general information on the mineralogy and geochemistry of the zone for
				  mining, an analysis of the amenability of the zone for mining to the proposed
				  method of mining and a schedule for the planned development of the zone for
				  mining.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.42505
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Permits for Underground Injection › Section 445A.871 - Bond required

Current through June 11, 2024
1. Except as
				otherwise provided in subsections 2 and 3, an applicant for a permit for an
				injection well must provide evidence that he or she has obtained a good and
				sufficient bond in favor of the State:
(a) In
				a sum equal to the estimated cost contained in the plan for the plugging and
				abandonment of the well, conditioned that the well upon abandonment be plugged
				pursuant to the plan for plugging and abandonment of the well; or
(b) Upon approval of the Director, in a sum
				of not less than $50,000 to cover all injection wells being drilled or to be
				drilled by the applicant in this State.
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Permits for Underground Injection › Section 445A.873 - Notification whether application complete; submission of additional information

Current through June 11, 2024
The permit for an injection well may not be issued until the
				  Director determines that the application is complete and the applicable fee has
				  been paid. The Director shall notify the applicant within 30 days after receipt
				  of an application as to whether the application is complete, but only with
				  respect to the submittal of the information, not the adequacy of the
				  information. If an applicant becomes aware that he or she failed to submit any
				  relevant information or submitted incorrect information in an application, the
				  applicant shall promptly submit such facts or information to the
				  Director.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.4252
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Permits for Underground Injection › Section 445A.874 - Preparation of documents by Director when application is complete

Current through June 11, 2024
Once an application for a permit is complete, the Director
				  shall prepare:
1. A draft of the
				permit and a tentative exemption for the aquifer, if required, or a notice of
				intent to deny the application.
2.
				A statement, or a fact sheet if the proposed injection well is determined to be
				a major facility, which briefly describes the derivation of the conditions in
				the draft of the permit and the reasons for them or, in the case of a notice of
				intent to deny, the reasons supporting the tentative decision.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.42525
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Permits for Underground Injection › Section 445A.875 - Public notice of tentative action on application for permit

Current through June 11, 2024
A public notice for each draft of a permit for an underground
				  injection well, tentative exemption for an aquifer, if required, or intent to
				  deny an application for a permit must be provided by the Director at least 30
				  days before the issuance of the permit, exemption or denial, in a manner
				  designed to inform interested and potentially interested persons. The notice
				  must be:
1. Published on an Internet
				website designed to give general public notice; and
2. Mailed to the applicant, any person or
				group requesting notice, the Division of Minerals, the Division of Public and
				Behavioral Health of the Department of Health and Human Services, the Division
				of Water Resources of the Department and the Administrator of the Office of
				Historic Preservation of the State Department of Conservation and Natural
				Resources.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87; A 10-21-87-Substituted in revision for NAC
				  445.4253; A by
				  R186-18A,
				  eff. 1/30/2019
NRS
				  445A.425,
				  445A.465
				  and
				  445A.590
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Permits for Underground Injection › Section 445A.876 - Contents of public notice

Current through June 11, 2024
The public notice must include at least the following:
1. The name, address and telephone number of
				the Department;
2. The name and
				address of the applicant;
3. A
				brief description of the proposed facility;
4. A statement of the tentative determination
				to issue or deny a permit for the injection described in the
				application;
5. The boundaries and
				characteristics of the aquifer for which a tentative exemption, if required, is
				being considered;
6. A brief
				description of the procedure for:
(a) The
				formulation of a final determination, including a 30-day period during which
				interested persons may submit to the Director written comments on the draft or
				the tentative exemption or comment on that determination; and
(b) Requesting a public hearing, if one has
				not been scheduled; and
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Permits for Underground Injection › Section 445A.877 - Public hearing and comments concerning tentative action on application for permit; notice of hearing

Current through June 11, 2024
1. The applicant or
				any interested person may:
(a) Request a
				public hearing on any application for a permit. If a hearing has not already
				been scheduled, an interested person may request a hearing during the 30-day
				period for comments. A request for a public hearing must be in writing and must
				state the nature of the issues to be raised in the hearing.
(b) Within 30 days after the notice is
				circulated pursuant to NAC 445A.875, submit to the Director written comments on
				the draft of the permit or the tentative exemption of the aquifer.
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Permits for Underground Injection › Section 445A.878 - Statement by Director responding to comments concerning tentative action on application for permit

Current through June 11, 2024
At the time a final permit and exemption for an aquifer, if
				  required, is issued, the Director shall also issue a statement responding to
				  the comments received by him or her on the matter. A copy of the statement must
				  be sent to the applicant and persons submitting comments, and must be made
				  available for inspection by the public. This statement must:
1. Specify which provisions, if any, of the
				draft of the permit and exemption for the aquifer have been changed in the
				final permit or exemption, and the reasons for the change;
2. Briefly describe and respond to all
				significant comments on the draft of the permit and tentative exemption for the
				aquifer which were submitted during the period for public comment or at the
				public hearing; and
3. Include
				information that any person aggrieved by a decision of the Director may appeal
				that decision as provided in
				NRS
				445A.605.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87; A 10-21-87-Substituted in revision for NAC
				  445.42545
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Permits for Underground Injection › Section 445A.879 - Period for issuance or denial of permit

Current through June 11, 2024
Within 30 days after the end of any period for public comment
				  regarding the issuance or renewal of a permit or the close of the public
				  hearing, the Director shall either issue the final permit or provide written
				  notice to the applicant why the final permit will not be issued at that
				  time.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.4255
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Permits for Underground Injection › Section 445A.880 - Expiration of permit

Current through June 11, 2024
1. A permit expires
				5 years after the date of issuance except that an earlier date may be specified
				by the Director.
2. If the holder
				of a permit submits a timely application for the renewal of a permit pursuant
				to NAC 445A.882 and the permit expires
				while the application is under review, the holder of the permit may continue to
				conduct the permitted activity in accordance with the terms and conditions of
				the expired permit until the Director takes final action on the application to
				reissue, revise or deny the renewal of the permit unless:
(a) The Director determines that the
				permittee is not in substantial compliance with the terms and conditions of the
				expired permit or with a schedule designed to bring the permittee into
				compliance with the terms and conditions of the expired permit;
(b) The Director, 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 properly supplement the
				application in a timely manner after being informed of the
				deficiencies.
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Permits for Underground Injection › Section 445A.881 - Transfer of permit

Current through June 11, 2024
A permit may be transferred to a new owner or operator upon
				  application to the Director containing assurance that the new owner or operator
				  has complied with the requirements regarding financial responsibility
				  prescribed in NAC 445A.871 at least 30 days before the transfer is made. Until
				  notice is given by the Director that a permit is transferred, the owner or
				  operator indicated in the most current permit is responsible for complying with
				  NAC 445A.810 to 445A.925, inclusive.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.4256
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Permits for Underground Injection › Section 445A.882 - Renewal of permit

Current through June 11, 2024
1. Upon application
				and payment of a renewal fee to the Director at least 180 days before the date
				of expiration of the permit, the renewal of a permit must be reviewed by the
				Director.
2. The Director shall
				reissue, revise or deny the renewal of the permit and give written notice of
				his or her action to the holder of the permit .
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC 445.42565; A
				  by
				  R101-16A,
				  eff. 12/21/2016
NRS
				  445A.425,
				  445A.465,
				  445A.495
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Permits for Underground Injection › Section 445A.883 - Permit for certain groups of wells

Current through June 11, 2024
A group of similarly designed injection wells located on a
				  single parcel of property, owned or operated by the same applicant, and
				  injecting the same class of fluids may be issued a permit as a single facility,
				  except that the fee for the application is as prescribed in NAC 445A.872 plus
				  $100 for each additional well. The total fee must be paid before the Director
				  may accept the application as complete.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.4257
NRS
					 445A.425,
					 445A.430,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Permits for Underground Injection › Section 445A.884 - Single permit for facilities otherwise required to obtain additional permits

Current through June 11, 2024
A single permit may be issued by the Director for a facility
				  that is required to obtain additional permits because of on-site treatment or
				  storage of fluids for injection. Fees for such a permit must be based on each
				  separate activity required to have a permit.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87-Substituted in revision for NAC
				  445.42575
NRS
					 445A.425,
					 445A.430,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › UNDERGROUND INJECTION CONTROL › Permits for Underground Injection › Section 445A.885 - Modification, revocation, suspension, cancellation or denial of permit; cessation of activity requiring permit

Current through June 11, 2024
1. In addition to
				the grounds specified in
				NRS
				445A.600, the Director may modify, revoke,
				suspend or cancel a permit during its term or deny the renewal of a permit upon
				a determination by the Director that the permitted activity endangers human
				health or the environment and can only be regulated to acceptable levels by
				modification, revocation, suspension or denial of the permit.
2. If the activity for an injection well
				requiring a permit ceases, the holder of the permit may request that the
				Director cancel the permit, if the holder is in compliance with all the
				conditions set forth in the permit and the conditions set for the closure of
				the site in question, including well plugging and abandonment. The holder of
				the permit may request permission to keep the injection well open to monitor
				the well or for any other purpose. The holder of a permit who submits a request
				to keep an injection well open must provide with the request legal and
				financial assurance pursuant to NAC 445A.871 that the well will ultimately be
				plugged and abandoned in accordance with all applicable state and federal laws
				and regulations.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87; A by R042-01, 10-25-2001; R103-04,
				  2-11-2005
NRS
					 445A.425,
					 445A.465,
					 445A.600