reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Provisions Applicable to Solid Waste Management Systems › Section 444.6665 - Operating criteria: Program for detecting and preventing disposal of regulated hazardous waste and PCB wastes

Current through June 11, 2024
1. The owner or
				operator shall carry out a program at the municipal solid waste landfill unit
				for detecting and preventing the disposal of regulated hazardous waste and PCB
				wastes. The program must include, but is not limited to:
(a) Random inspections of incoming
				loads;
(b) Records of
				inspections;
(c) Training persons
				employed at the unit to recognize regulated hazardous waste and PCB
				wastes;
(d) Procedures for handling
				hazardous waste or PCB wastes found at the site; and
(e) Notification of the solid waste
				management authority if hazardous waste or PCB wastes are discovered at the
				unit.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Provisions Applicable to Solid Waste Management Systems › Section 444.667 - Operating criteria: Control of explosive gas

Current through June 11, 2024
1. An
				owner or operator shall provide for the control of explosive gas at the
				municipal solid waste landfill unit in accordance with the provisions of this
				section.
2. The owner or operator
				shall ensure that:
(a) The concentration of
				methane gas generated at the unit does not exceed 25 percent of the lower
				explosive limit for methane in structures, excluding components for any system
				to control or recover the gas; and
(b) The concentration of methane gas does not
				exceed the lower explosive limit for methane at the boundary of the
				unit.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Provisions Applicable to Solid Waste Management Systems › Section 444.6675 - Operating criteria: Compliance with state implementation plan; open burning of certain solid wastes prohibited

Current through June 11, 2024
1. An owner or
				operator shall ensure that the municipal solid waste landfill unit does not
				violate any applicable requirements developed by the state implementation plan,
				if any, approved or adopted by the Administrator of the Environmental
				Protection Agency pursuant to section 110 of the federal Clean Air Act, as
				amended,
				42
				U.S.C. §
										7410, as that section existed
				on November 8, 1993, and
				NRS
				445B.100 to
				445B.640,
				inclusive, and the regulations adopted pursuant thereto.
2. Open burning of solid waste, except for
				the infrequent burning of agricultural wastes, silvicultural wastes, debris
				from land clearing, diseased trees or debris from emergency clean-up
				operations, is prohibited at all municipal solid waste landfill
				units.
Added to NAC by
				  Environmental Comm'n, eff. 11-8-93
NRS
					 444.560
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Provisions Applicable to Solid Waste Management Systems › Section 444.6678 - Operating criteria: Vector control

Current through June 11, 2024
An owner or operator shall prevent or control populations of
				  disease vectors at the municipal solid waste landfill unit using techniques
				  appropriate for the protection of public health and safety and the environment.
				  Other than daily cover, appropriate techniques must be instituted whenever
				  required by the solid waste management authority to minimize the transmission
				  of disease.
Added to NAC by
				  Environmental Comm'n, eff. 11-8-93
NRS
					 444.560
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Provisions Applicable to Solid Waste Management Systems › Section 444.668 - System to process waste: Hazards, nuisances and impairment of environment prohibited

Current through June 11, 2024
No solid waste processing system may be allowed to cause
				  health hazards, public nuisances or otherwise cause or contribute to the
				  impairment of the environment.
Environmental Comm'n,
				  Solid Waste Mgt Reg. § 4.1, eff. 9-21-77
NRS
					 444.560
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Provisions Applicable to Solid Waste Management Systems › Section 444.670 - System to process waste: Compost plant

Current through June 11, 2024
1. A compost
				plant must not be established until the site location, design of the plant and
				proposed method of operation have been approved by the solid waste management
				authority and a permit to operate the compost plant has been issued in
				accordance with the requirements of NAC 444.6405 to 444.6435, inclusive. An
				application for such a permit must include:
(a) A description of the materials to be
				composted, including a characterization of the waste sufficient to evaluate the
				potential for biological or chemical contaminant migration in the event of a
				release;
(b) A layout diagram of
				the plant showing property boundaries, fencing, roads, principal processing
				equipment, storage areas for stockpiles of incoming materials and intermediate
				and final products;
(c) A
				description of the equipment and personnel necessary to operate the
				plant;
(d) A description of the
				process, with a schematic diagram, that shows loading and unloading areas and
				traffic flow routing;
(e) The
				maximum inventory, by volume, of feed stocks, intermediate materials and
				products;
(f) Proposed product
				specifications and a program to verify conformance with the
				specifications;
(g) A program for
				monitoring the parameters of the process, including moisture content and
				temperature;
(h) A description of
				the final use for the compost or the available markets for the
				compost;
(i) Provisions for fire
				prevention and control;
(j)
				Provisions for odor prevention and control;
(k) Provisions for the control of surface
				water runon and runoff;
(l)
				Provisions for litter prevention and control;
(m) Contingency plans to be followed in the
				event of emergencies and unforeseen circumstances that may occur at the
				facility. The plans must provide, at a minimum, for an organized and
				coordinated course of action to be taken and address the following situations:
(1) A fire at the facility;
(2) A release of hazardous or toxic
				materials; and
(3) The shutdown of
				the facility for any reason; and
(n) Provisions for proper disposal of
				by-products.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Provisions Applicable to Solid Waste Management Systems › Section 444.672 - System to process waste: Incineration

Current through June 11, 2024
1. An
				incinerator plant must not be established until the site location, facilities
				and the proposed method of operation have been approved by the solid waste
				management authority.
2. All
				incineration equipment and air pollution control appurtenances thereto must
				comply with the requirements of NAC 445B.001 to 445B.3689, inclusive, and any
				local regulations governing the construction and operation of
				incinerators.
3. Incinerators used
				for the burning of pathological waste, garbage or material of high moisture
				content must be high temperature types with either grate or solid hearth
				construction, drying shelves for wet wastes and an auxiliary heating unit to
				ensure temperatures of 1,400 degrees Fahrenheit for not less than 0.3
				second.
4. Any person or
				municipality which maintains or operates an incinerator must maintain and
				operate the site in conformance with the following standards:
(a) Adequate storage must be provided for
				incoming solid wastes and for incinerator residue to assure a nuisance-free
				operation. Storage facilities must conform to the requirements of NAC 444.660
				to 444.666, inclusive.
(b)
				Incinerator residue must be disposed of at an approved land disposal site or in
				accordance with provisions of an operational plan as approved by the solid
				waste management authority.
(c)
				Provisions must be made for emergency disposal of all solid wastes handled by
				the plant in the event of plant breakdown.
(d) Salvaging, if permitted, must be
				controlled so as not to interfere with optimum operation or create unsightly
				conditions or vector harborage.
(e)
				All quench water, washdown water, dust spray or surface water carrying organic
				matter must be discharged into a sanitary sewer or otherwise disposed of as
				provided in an operational plan as approved by the solid waste management
				authority.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Provisions Applicable to Solid Waste Management Systems › Section 444.674 - System to process waste: Salvage yard

Current through June 11, 2024
1. A salvage
				yard must not be established until the location, facilities and proposed method
				of operation have been approved by the solid waste management
				authority.
2. Salvage in a salvage
				yard must be stored in an orderly manner so as to prevent harboring rodents,
				any public nuisance and accidents.
3. All nonsalvageable material must be stored
				and disposed of according to NAC 444.570 to 444.7499, inclusive. In no case may
				nonsalvageable items be stored for more than 1 week.
4. No garbage or similar putrescible material
				may be present at a salvage yard, except in approved containers for such
				materials.
Environmental Comm'n,
				  Solid Waste Mgt Reg. §§ 4.4.1-4.4.4, eff. 9-21-77-NAC A 9-2-92;
				  11-8-93; 3-1-94
NRS
					 444.560
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Provisions Applicable to Solid Waste Management Systems › Section 444.676 - System to process waste: Other methods

Current through June 11, 2024
Before any method of solid waste processing, not otherwise
				  provided for in these regulations, is placed into operation, complete plans,
				  specifications and design data must meet the approval of the solid waste
				  management authority.
Environmental Comm'n,
				  Solid Waste Mgt Reg. § 4.5, eff. 9-21-77
NRS
					 444.560
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Provisions Applicable to Solid Waste Management Systems › Section 444.6765 - Closure of existing municipal solid waste landfill unit for failure to prove compliance with certain provisions

Current through June 11, 2024
1. Except as
				otherwise provided in this section, an existing municipal solid waste landfill
				unit which does not file the proof required by NAC 444.6783, 444.6785 and
				444.6795 must close by October 9, 1996, in accordance with NAC 444.6891,
				444.6892 and 444.6893, and must conduct postclosure activities in accordance
				with NAC 444.6894.
2. The deadline
				for closure required by this section may be extended for not more than 2 years
				if the owner or operator demonstrates to the solid waste management authority
				that there is:
(a) No available alternative
				for the disposal of waste; and
(b)
				No immediate threat to public health and safety and the environment.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.6769 - Minimum requirements

Current through June 11, 2024
A Class I site must comply with the minimum requirements set
				  forth in NAC 444.6405 to 444.6435, inclusive, 444.645, 444.6665 to 444.6678,
				  inclusive, 444.6765 to 444.7025, inclusive, and 444.7481 to 444.7499,
				  inclusive. A Class I site which fails to comply with these minimum requirements
				  shall be deemed to be an open dump for the purposes of solid waste planning and
				  is prohibited.
Added to NAC by
				  Environmental Comm'n, eff. 11-8-93
NRS
					 444.560
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.677 - Application for permit to operate Class I site or lateral expansion thereof

Current through June 11, 2024
An application for a permit to operate a Class I site or a
				  lateral expansion of a Class I site must be submitted to the solid waste
				  management authority and must include:
1. The name, location and mailing address of
				the:
(a) Site;
(b) Owner of the site;
(c) Operator of the site; and
(d) Authorized agent of the owner.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.678 - Location restrictions: Generally

Current through June 11, 2024
The location of a Class I site must:
1. Be easily accessible in all kinds of
				weather to all vehicles expected to use it.
2. Prevent pollutants and contaminants from
				the municipal solid waste landfill units at the site from degrading the waters
				of the State.
3. Prevent
				uncontrolled migration of gas at the site.
4. Have an adequate quantity of earth cover
				that is workable and compactible and does not contain organic material of a
				quantity and distribution conducive to harboring and breeding disease
				vectors.
5. Conform with land use
				planning of the area.
6. Not be
				within one-fourth mile of the nearest inhabited dwelling or place of public
				gathering or be within 1,000 feet of a public highway, unless special
				provisions for the beautification of the site and the control of litter and
				vectors are included in the design and approved by the solid waste management
				authority.
7. Meet with the
				approval of the solid waste management authority.
8. Comply with the requirements set forth in
				NAC 444.6765 and 444.6783 to 444.6795, inclusive.
9. Unless approved by the solid waste
				management authority, not be within 1,000 feet of any surface water or 100 feet
				of the uppermost aquifer if the site is approved after September 2,
				1992.
Environmental Comm'n,
				  Solid Waste Mgt Reg. §§ 5.1-5.1.1.7, eff. 9-21-77-NAC A 9-2-92;
				  11-8-93; 3-1-94
NRS
					 444.560
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.6783 - Location restrictions: Airport safety

Current through June 11, 2024
1. A Class I
				site must meet the following safety requirements relating to airports:
(a) An owner or operator of a new or existing
				municipal solid waste landfill unit or a lateral expansion which is located:
(1) Within 10,000 feet of the end of any
				airport runway used by a turbojet aircraft; or
(2) Within 5,000 feet of the end of any
				airport runway used only by piston-type aircraft, shall maintain proof that the
				unit or lateral expansion is designed and operated so that it does not pose a
				hazard to aircraft.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.6785 - Location restrictions: Floodplains

Current through June 11, 2024
1. The owner or
				operator of a new or existing municipal solid waste landfill unit or lateral
				expansion located in a 100-year floodplain shall maintain proof that the unit
				or lateral expansion will not:
(a) Restrict
				the flow of the floodplain;
(b)
				Reduce the temporary capacity of the floodplain to store water; and
(c) Result in the washout of solid waste that
				poses a hazard to public health and safety and the environment.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.6791 - Location restrictions: Fault areas

Current through June 11, 2024
1. A new municipal
				solid waste landfill unit or lateral expansion must not be located within 200
				feet of a fault that has had a displacement in Holocene time unless the owner
				or operator demonstrates to the solid waste management authority that an
				alternative setback distance of less than 200 feet will prevent damage to the
				structural integrity of the unit and will protect public health and safety and
				the environment.
2. As used in this
				section:
(a) "Displacement" means the relative
				movement of any two sides of a fault measured in any direction.
(b) "Fault" means a fracture or a zone of
				fractures in any material along which strata on one side have been displaced
				with respect to that on the other side.
(c) "Holocene" means the most recent epoch of
				the Quaternary period, extending from the end of the Pleistocene Epoch to the
				present.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.6793 - Location restrictions: Seismic impact zones

Current through June 11, 2024
1. A
				new municipal solid waste landfill unit or lateral expansion may not be located
				in a seismic impact zone, unless the owner or operator submits proof to the
				solid waste management authority that all structures for containment, including
				liners, systems for the collection of leachate and systems for the control of
				surface water, are designed to resist the maximum horizontal acceleration in
				lithified earth material for the site. The owner or operator shall place the
				proof in the operating records for the site and notify the solid waste
				management authority that the proof has been placed in the operating
				records.
2. As used in this
				section:
(a) "Lithified earth material" means
				all rock, including all naturally occurring and naturally formed aggregates or
				masses of minerals or small particles of older rock which formed by the
				crystallization of magma or by the induration of loose sediments. The term does
				not include artificially created materials, such as fill, concrete and asphalt,
				or unconsolidated earth materials, soils or regolith lying at or near the
				surface of the earth.
(b) "Maximum
				horizontal acceleration" means the maximum expected horizontal acceleration
				depicted on a seismic hazard map with a 90 percent or greater probability that
				the acceleration will not be exceeded in 250 years, or the maximum expected
				horizontal acceleration based on a seismic risk assessment for the specific
				site.
(c) "Seismic impact zone"
				means an area with a 10 percent or greater probability that the maximum
				horizontal acceleration in lithified earth material will exceed 10 percent of
				the earth's gravitational pull in 250 years, as determined by referencing the
				United States Geological Survey, Open File Report 82-1033, "Probabilistic
				Estimates of Maximum Acceleration and Velocity in Rock in the Contiguous United
				States."
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.6795 - Location restrictions: Unstable areas

Current through June 11, 2024
1. The owner or
				operator of a new or existing municipal solid waste landfill unit or a lateral
				expansion located in an unstable area shall maintain proof that engineering
				measures have been incorporated into the structural design of the unit or
				lateral expansion to ensure that the integrity of the unit or lateral expansion
				will not be disrupted. The owner or operator shall place the proof in the
				design report and the operating records of the unit and notify the solid waste
				management authority that the proof has been placed in the operating
				records.
2. To determine if an area
				is unstable, the owner or operator shall consider:
(a) Conditions of the soil on or near the
				site which may result in a significant differential settling;
(b) Geologic or geomorphic features on or
				near the site; and
(c) Artificially
				created features or events which are on the surface or subsurface.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.680 - Report of design

Current through June 11, 2024
The report of the design of a Class I site must:
1. Be signed by a professional engineer
				registered in this State.
2.
				Include a general location map showing land use and zoning within 1 mile of the
				disposal site.
3. Include plans and
				specifications of the facility which are of sufficient detail to show
				compliance with the applicable design standards and provide a clear
				understanding of the development of the site. The plan must:
(a) Be at a scale of not more than 200 feet
				to the inch, including contour intervals of not more than 5 feet.
(b) Show the topography of the site before
				the development.
(c) Show the
				proposed limits of excavation and fill areas, including:
(1) The final elevations and grades of each
				municipal solid waste landfill unit on the site;
(2) The system for final cover;
(3) The location and placement of each system
				of liners; and
(4) Each system for
				the collection and removal of leachate showing all critical grades and
				elevations of the inverts and drainage envelopes for the collection pipes,
				manholes, cleanouts, valves and sumps and showing the thicknesses of the
				drainage blankets.
(d)
				Show any proposed soil borrow areas.
(e) Show the sequence of development for the
				facility including an outline of fill areas, the sequence of filling operations
				and the locations of access roads.
(f) Show access roads, including dimensions,
				slopes, profiles and the types of pavement to be used.
(g) Show a typical cross section of the
				landfill.
(h) Show grades, berms,
				dikes, swales and other devices for proper drainage and control of surface
				water, runon and runoff for the site.
(i) Show the devices for monitoring and
				controlling the gases at the site.
(j) Show fencing, equipment shelter, employee
				facilities and all other features for the development of the site.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.681 - Design criteria

Current through June 11, 2024
1. A new municipal
				solid waste landfill unit or lateral expansion must be constructed:
(a) In accordance with a design approved by
				the solid waste management authority that is sufficient to protect the waters
				of the State from degradation by pollutants or contaminants; or
(b) With a composite liner and a system for
				the collection of leachate which is designed and constructed to maintain less
				than a 30-centimeter depth of leachate over the liner. The composite liner must
				have an upper component consisting of a flexible membrane liner of at least 30
				mils and a lower component consisting of a layer of compacted soil that is at
				least 2 feet with a hydraulic conductivity of no more than
				10-7 centimeters per second. Components of the
				flexible membrane liner consisting of high density polyethylene must be at
				least 60 mils. The flexible membrane liner must be installed in direct and
				uniform contact with the compacted soil.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.683 - Plan for monitoring water; suspension of monitoring requirements

Current through June 11, 2024
1. The plan for monitoring water for a Class
				I site must provide a complete description of a system capable of monitoring
				the performance of the design of the site, including monitoring of the
				groundwater to detect the release of pollutants or contaminants from the
				municipal solid waste landfill unit into the waters of the State.
2. The plan must:
(a) Identify the location and construction of
				monitoring points;
(b) Specify
				monitoring parameters and the frequency of monitoring those
				parameters;
(c) Specify procedures
				for quality assurance for all field and laboratory work;
(d) Provide for the semiannual submittal of
				monitoring data to the solid waste management authority;
(e) Establish procedures which must be used
				if monitoring provides evidence of leachate migration; and
(f) Comply with NAC 444.7481 to 444.7499,
				inclusive.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.6835 - Schedule for compliance with monitoring requirements

Current through June 11, 2024
Except as otherwise provided in NAC 444.7482, the owner or
				  operator of a municipal solid waste landfill unit in a Class I site shall
				  comply with the requirements for monitoring groundwater according to the
				  following schedule:
1. An existing
				municipal solid waste landfill unit and lateral expansion that is less than 1
				mile from a surface or subsurface intake for drinking water must comply with
				NAC 444.7483 to 444.7492, inclusive, by October 9, 1994.
2. An existing municipal solid waste landfill
				unit and lateral expansion that is at least 1 mile but less than 2 miles from a
				surface or subsurface intake for drinking water must comply with NAC 444.7483
				to 444.7492, inclusive, by October 9, 1995.
3. An existing municipal solid waste landfill
				unit and lateral expansion that is at least 2 miles from a surface or
				subsurface intake for drinking water must comply with NAC 444.7483 to 444.7492,
				inclusive, by October 9, 1996.
4. A
				new municipal solid waste landfill unit must comply with NAC 444.7483 to
				444.7492, inclusive, before waste may be placed in the unit.
Added to NAC by
				  Environmental Comm'n, eff. 11-9-95
NRS
					 444.560
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.684 - Plan for operating

Current through June 11, 2024
The plan for operating a Class I site must:
1. Include a description of the equipment and
				persons necessary to operate the site;
2. Provide for:
(a) Adequate fire control methods to
				extinguish and prevent the spread of accidental fires;
(b) The prevention of scattering of papers
				and other lightweight debris by portable litter fences or other suitable
				devices; and
(c) The disposal of
				any special wastes specifically permitted by the solid waste management
				authority;
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.685 - Financial assurance: Compliance mandatory; exemptions; waiver

Current through June 11, 2024
1. Except as otherwise provided in this
				section, the owner or operator of a Class I site or lateral expansion of a
				Class I site shall comply with the provisions of NAC 444.6851 to 444.6859,
				inclusive.
2. Owners or operators
				of Class I sites:
(a) Who are entities of the
				State of Nevada or the Federal Government; and
(b) Whose debts and liabilities are the debts
				and liabilities of the State of Nevada or the Federal Government, are exempt
				from the provisions of this section.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.6851 - Financial assurance: Estimate for cost of plan for closure; adjustments to estimate

Current through June 11, 2024
1. The owner or
				operator shall obtain a detailed written estimate, in current dollars, of the
				cost of hiring a third person to close the largest area of all municipal solid
				waste landfill units within the site requiring a final cover as required by NAC
				444.6891 at any time during the active life of the unit, in accordance with the
				plan for closure. The owner or operator shall notify the solid waste management
				authority that the estimate has been placed in the operating records of the
				disposal site.
2. The estimate must
				equal the cost of closing the largest area of all municipal solid waste
				landfill units within the site requiring a final cover at any time during the
				active life of the unit when the extent and manner of its operation would make
				closure the most expensive, as indicated by the plan for closure.
3. During the active life of the municipal
				solid waste landfill unit, the owner or operator shall annually adjust the
				estimate for inflation.
4. The
				owner or operator shall increase the estimate and amount of financial assurance
				if changes to the plan for closure or conditions at the municipal solid waste
				landfill unit increase the maximum cost of closure at any time during the
				remaining active life of the unit.
5. The owner or operator may reduce the
				estimate and amount of financial assurance if the estimate exceeds the maximum
				cost of closure at any time during the remaining life of the municipal solid
				waste landfill unit. The owner or operator shall notify the solid waste
				management authority that the justification for the reduction has been placed
				in the operating records of the site.
6. The owner or operator of each municipal
				solid waste landfill unit shall establish financial assurance for closure of
				the municipal solid waste landfill unit in compliance with NAC 444.68525 to
				444.6859, inclusive. The owner or operator shall provide continuous coverage
				for closure until released by the solid waste management authority from the
				requirements for financial assurance by demonstrating compliance with NAC
				444.6893.
Added to NAC by
				  Environmental Comm'n, 11-8-93, eff. 4-9-95
NRS
					 444.560
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.68515 - Financial assurance: Estimate for cost of program for postclosure; adjustments to estimate

Current through June 11, 2024
1. The owner or
				operator shall obtain a detailed written estimate, in current dollars, of the
				cost of hiring a third person to conduct a program for postclosure for each of
				the municipal solid waste landfill units within the site in compliance with the
				plan for postclosure developed pursuant to NAC 444.6894. The estimate for
				postclosure used to demonstrate financial assurance pursuant to subsection 6
				must account for the total costs of conducting the program for postclosure,
				including annual and periodic costs as described in the plan for postclosure
				over the entire period for postclosure. The owner or operator shall notify the
				solid waste management authority that the estimate has been placed in the
				operating records of the unit.
2.
				The estimate for postclosure must be based on the most expensive costs of
				postclosure during the period for postclosure.
3. During the active life of the municipal
				solid waste landfill unit and the period for postclosure, the owner or operator
				shall annually adjust the estimate for postclosure for inflation.
4. The owner or operator shall increase the
				estimate for postclosure and amount of financial assurance if changes in the
				plan for postclosure or the conditions of the municipal solid waste landfill
				unit increase the maximum costs of postclosure.
5. The owner or operator may reduce the
				estimate for postclosure and amount of financial assurance if the estimate
				exceeds the maximum costs of postclosure remaining over the period for
				postclosure. The owner or operator shall notify the solid waste management
				authority that the justification for the reduction has been placed in the
				operating records of the unit.
6.
				The owner or operator of each municipal solid waste landfill unit shall
				establish, in accordance with NAC 444.68525 to 444.6859, inclusive, financial
				assurance for the costs of postclosure as required by NAC 444.6894. The owner
				or operator shall provide continuous coverage for postclosure until released by
				the solid waste management authority from the requirements of financial
				assurance for postclosure by demonstrating compliance with subsection 3 of NAC
				444.6894.
Added to NAC by
				  Environmental Comm'n, 11-8-93, eff. 4-9-95
NRS
					 444.560
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.6852 - Financial assurance: Estimate for cost of plan for corrective action; adjustments to estimate

Current through June 11, 2024
1. An owner or
				operator of a municipal solid waste landfill unit required to undertake a plan
				for corrective action pursuant to NAC 444.7497, 444.7498 and 444.7499, shall
				obtain a detailed written estimate, in current dollars, of the cost of hiring a
				third person to perform the corrective action in accordance with that plan. The
				estimate of the corrective action must account for the total cost of activities
				for corrective action as described in the plan for corrective action for the
				period of the plan. The owner or operator shall notify the solid waste
				management authority that the estimate has been placed in the operating records
				of the unit.
2. The owner or
				operator shall annually adjust the estimate for inflation until the plan for
				corrective action is completed in accordance with NAC 444.7497, 444.7498 and
				444.7499.
3. The owner or operator
				shall increase the estimate for corrective action and amount of financial
				assurance if changes in the plan for corrective action or conditions at the
				municipal solid waste landfill unit increase the maximum costs of the
				corrective action.
4. The owner or
				operator may reduce the amount of the estimate for corrective action and amount
				of financial assurance if the estimate exceeds the maximum remaining costs of
				the corrective action. The owner or operator shall notify the solid waste
				management authority that the justification for the reduction has been placed
				in the operating records of the unit.
5. The owner or operator of each municipal
				solid waste landfill unit required to undertake a plan for corrective action
				pursuant to NAC 444.7497, 444.7498 and 444.7499, shall establish, in accordance
				with NAC 444.68525 to 444.6859, inclusive, financial assurance for the most
				recent plan for corrective action. The owner or operator shall provide
				continuous coverage for corrective action until released by the solid waste
				management authority from the requirements of financial assurance for
				corrective action by demonstrating compliance with NAC 444.7499.
Added to NAC by
				  Environmental Comm'n, 11-8-93, eff. 4-9-95; A
				  11-9-95
NRS
					 444.560
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.68525 - Financial assurance: Allowable mechanisms

Current through June 11, 2024
The mechanisms used to demonstrate financial assurance
				  pursuant to NAC 444.685 must ensure that the money necessary to meet the cost
				  of closure, postclosure and corrective action for known releases of
				  contaminants will be available whenever it is needed. The financial assurance
				  may be in the form of:
1. A trust fund
				as described in NAC 444.6853;
2. A
				surety bond guaranteeing payment or performance as described in NAC
				444.68535;
3. A letter of credit as
				described in NAC 444.6854;
4. A
				policy of insurance as described in NAC 444.6855;
5. A mechanism approved by the solid waste
				management authority pursuant to NAC 444.6856;
6. An assumption of responsibility by the
				State as described in NAC 444.6857; or
7. Any combination of the options listed in
				subsections 1 to 6, inclusive.
Added to NAC by
				  Environmental Comm'n, 11-8-93, eff. 4-9-95
NRS
					 444.560
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.6853 - Financial assurance: Trust fund

Current through June 11, 2024
1. An owner or
				operator may satisfy the requirements of NAC 444.685 by establishing a trust
				fund which conforms to the requirements of this section. The trustee must be an
				entity which has the authority to act as a trustee and whose trust operations
				are regulated and examined by a federal or state agency. A copy of the trust
				agreement must be placed in the operating records of the disposal
				site.
2. The owner or operator
				shall annually make payments into the trust fund over the term of the period
				for payment into the fund.
3. If a
				trust fund is used to demonstrate financial assurance for closure and
				postclosure, the first payment into the fund must be at least equal to the
				current estimate of the cost for closure or postclosure, except as otherwise
				provided in NAC 444.6857, divided by the number of years of the period for
				payment into the fund. The amount of subsequent payments must be determined by
				the following formula:
CE-CV
Next Payment
= _______
Y
where:
CE is the current estimate for closure or postclosure, as
				  adjusted for inflation or other changes.
CV is the current value of the trust fund.
Y is the number of years remaining in the period for payment
				  into the fund.
4. If a
				trust fund is used to demonstrate financial assurance for corrective action,
				the first payment into the trust fund must be at least equal to one-half of the
				current estimate of the cost for corrective action, except as otherwise
				provided in NAC 444.6857, divided by the number of years in the period for
				payment into the fund. The amount of subsequent payments must be determined by
				the following formula:
RB-CV
Next Payment
= _______
Y
where:
RB is the most recent estimate of the required balance in the
				  trust fund needed for corrective action.
CV is the current value of the trust fund.
Y is the number of years remaining in the period for payment
				  into the trust fund.
5. The
				owner or operator shall:
(a) For a trust fund
				for closure and postclosure, obtain and make the initial payment into the trust
				fund before April 9, 1997, or the initial receipt of solid waste, whichever is
				later.
(b) For a trust fund for
				corrective action, obtain the trust fund and make the initial payment into the
				trust fund no later than 120 days after the remedy for corrective action has
				been selected in accordance with the requirements of NAC 444.7497, 444.7498 and
				444.7499.
(c) Maintain the trust
				fund until he or she is no longer required to demonstrate financial
				responsibility pursuant to NAC 444.6851, 444.68515 and 444.6852.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.68535 - Financial assurance: Surety bond guaranteeing payment or performance

Current through June 11, 2024
1. An owner or operator may demonstrate
				financial assurance for closure or postclosure by obtaining a surety bond
				guaranteeing payment or performance which conforms to the requirements of this
				section. An owner or operator may demonstrate financial assurance for
				corrective action by obtaining a surety bond guaranteeing performance which
				conforms to the requirements of this section.
2. A bond must:
(a) If for closure and postclosure, be
				obtained by the owner or operator and become effective before April 9, 1997, or
				the initial receipt of waste, whichever is later.
(b) If for corrective action, be obtained by
				the owner or operator and become effective no later than 120 days after the
				remedy for corrective action has been selected in accordance with the
				requirements of NAC 444.7497, 444.7498 and 444.7499.
(c) Be maintained until the owner or operator
				is no longer required to demonstrate financial responsibility pursuant to NAC
				444.6851, 444.68515 and 444.6852.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.6854 - Financial assurance: Letter of credit

Current through June 11, 2024
1. An owner or
				operator may satisfy the requirements of NAC 444.685 by obtaining an
				irrevocable letter of credit which conforms to the requirements of this
				section.
2. A letter of credit
				must:
(a) If for closure and postclosure, be
				obtained by the owner or operator and become effective before April 9, 1997, or
				the initial receipt of waste, whichever is later.
(b) If for corrective action, be obtained by
				the owner or operator and become effective no later than 120 days after the
				remedy for corrective action has been selected in accordance with the
				requirements of NAC 444.7497, 444.7498 and 444.7499.
(c) Be maintained until the owner or operator
				is no longer required to demonstrate financial responsibility pursuant to NAC
				444.6851, 444.68515 and 444.6852.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.6855 - Financial assurance: Insurance

Current through June 11, 2024
1. An owner or
				operator may demonstrate financial assurance for closure and postclosure by
				obtaining insurance which conforms to the requirements of this
				section.
2. The insurance must:
(a) Be obtained by the owner or operator and
				become effective before April 9, 1997, or the initial receipt of waste,
				whichever is later; and
(b) Be
				maintained until the owner or operator is no longer required to demonstrate
				financial responsibility pursuant to NAC 444.6851, 444.68515 and
				444.6852.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.6856 - Financial assurance: Alternate mechanisms approved by solid waste management authority

Current through June 11, 2024
1. An owner or
				operator may satisfy the requirements of NAC 444.685 by obtaining any other
				mechanism which:
(a) Meets the criteria
				specified in NAC 444.6859; and
(b)
				Is approved by the solid waste management authority.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.6857 - Financial assurance: Assumption of responsibility by State

Current through June 11, 2024
If this State assumes legal responsibility for an owner's or
				  operator's compliance with the requirements for closure, postclosure or
				  corrective action set forth in NAC 444.570 to 444.7499, inclusive, or assures
				  that money will be available from the State to cover the related expenses, the
				  owner or operator shall be deemed to be in compliance with the requirements of
				  NAC 444.685. Any assumption of responsibility by this State must meet the
				  criteria specified in NAC 444.6859.
Added to NAC by
				  Environmental Comm'n, 11-8-93, eff. 4-9-95; A
				  3-1-94
NRS
					 444.560
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.6858 - Financial assurance: Use of multiple mechanisms

Current through June 11, 2024
1.
				Except as otherwise provided in subsection 2, an owner or operator may satisfy
				the requirements of NAC 444.685 by establishing more than one mechanism for
				financial assurance per municipal solid waste landfill unit as specified in NAC
				444.6853 to 444.6857, inclusive. The combination of mechanisms, rather than a
				single mechanism, must provide financial assurance for an amount at least equal
				to the current estimate of cost for closure, postclosure or corrective action,
				whichever is applicable.
2. Any
				financial assurance provided by:
(a) A
				corporate parent, if the entity holding the financial mechanism is a subsidiary
				of the corporate parent or a subsidiary of a subsidiary of the corporate
				parent; or
(b) Another subsidiary
				of the corporate parent, if the entity holding the financial mechanism is a
				subsidiary of the same corporate parent, may not be combined if the financial
				statements of the two entities are consolidated.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.6859 - Financial assurance: General requirements for all mechanisms

Current through June 11, 2024
1. An entity providing the mechanism used to
				demonstrate financial assurance pursuant to NAC 444.685 shall reimburse or make
				payments to the owner, operator or any other person designated by the solid
				waste management authority, from that mechanism, for expenses in such amounts
				as the solid waste management authority shall direct in writing.
2. Any such mechanism must:
(a) Ensure that the amount of money assured
				is sufficient to cover the costs of closure, postclosure or corrective action
				for known releases of contaminants, when needed;
(b) Ensure that money will be available in a
				timely fashion, when needed; and
(c) Be legally valid, binding and enforceable
				under applicable state and federal law.
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.686 - Operation and maintenance

Current through June 11, 2024
1. The operation
				and maintenance of a Class I site must be in a manner which will not create
				odors, unsightliness or other nuisances.
2. The face of the working fill must be kept
				as narrow as is consistent with safe and efficient operation of
				equipment.
3. Bulky waste material
				which may provide for the harborage of rodents must not be used for the final
				surface of side slopes.
4. The
				solid wastes must be spread and compacted in thin layers. In the construction
				of each cell it must be spread into layers that do not exceed 2 feet before
				compaction. Equipment for compaction must be appropriately sized and must make
				a minimum of two passes over each layer of waste.
5. Solid waste must not be placed within 200
				feet of the boundary line of a Class I site unless a shorter distance is
				approved by the solid waste management authority. In approving a setback of
				less than 200 feet, the solid waste management authority shall consider the
				uses of the surrounding land, the surrounding topography and the operations
				conducted at the site.
Environmental Comm'n,
				  Solid Waste Mgt Reg. §§ 5.1.3.1-5.1.3.4, eff. 9-21-77-NAC A 9-2-92;
				  11-8-93
NRS
					 444.560
Nevada Administrative Code › Chapter 444 - Sanitation › SOLID WASTE DISPOSAL › Class I Sites › Section 444.688 - Covering of compacted solid waste; continuous operation as alternative

Current through June 11, 2024
1. The compacted solid waste of a Class I
				site must be covered as follows:
(a) Except as
				otherwise provided in this section, solid waste that is disposed of at the
				Class I site must be covered at the end of each operating day or at more
				frequent intervals as necessary to control disease vectors, fires, odors,
				blowing litter and scavenging with at least 6 inches of compacted earthen
				material.
(b) The solid waste
				management authority may approve alternative materials to be used for
				compaction and alternative thicknesses of that material if the owner or
				operator shows that the alternative materials and thicknesses are capable of
				controlling disease vectors, fires, odors, blowing litter and scavenging
				without presenting a threat to public health and safety and the
				environment.
(c) The solid waste
				management authority may grant a temporary waiver from the requirements of
				paragraphs (a) and (b) if the owner or operator can show that extreme seasonal
				climatic conditions make the requirements impractical.
(d) Unless otherwise approved by the solid
				waste management authority, at least 12 inches of compacted earthen material
				must be placed as an intermediate cover on a fill surface if that surface is
				not to receive waste for more than 90 days. This paragraph does not apply to
				final fill surfaces.
(e) The
				integrity of daily and intermediate cover must be maintained until further
				filling or the addition of final cover is made. All cracks, depressions and
				erosion of the cover for surface and side slopes of fills must be promptly
				repaired.
(f) Daily and temporary
				cover must be graded to drain runoff of surface water. The top slope must have
				a grade of not less than 3 percent.