Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Discharge Permits › Section 445A.228 - Requirement; exemptions

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, a person shall not discharge a pollutant
				from a point source into any waters of the State without obtaining a permit
				from the Department.
2. Although
				not exempted from complying with all other applicable laws, rules and
				regulations regarding pollution, the following are specifically exempted from
				the requirements to obtain a permit:
(a)
				Persons utilizing an individual sewage disposal system or other sewage disposal
				system that uses a soil absorption system for the treatment and disposal of
				domestic wastes, if the system is approved and is installed, operated and
				maintained in accordance with the rules and regulations and other requirements
				of the district health departments, the State Board of Health or the Division
				or other administrative authority, as authorized by NAC 445A.950 to 445A.9706,
				inclusive, as applicable. This exemption does not preclude the possibility that
				health authorities, the Division or other administrative authority will require
				permits.
(b) Except as otherwise
				provided in this paragraph, persons discharging pollutants into a publicly
				owned or privately owned sewerage system, if the owner of such sewerage system
				has a valid permit from the Department. In such cases, the owner of the
				sewerage system assumes ultimate responsibility for controlling and treating
				the pollutants which he or she allows to be discharged into the system. The
				Department may require an industrial user who discharges pollutants into a
				publicly owned treatment works which does not have an approved pretreatment
				program to obtain a permit pursuant to NAC 445A.257.
(c) Discharges of pollutants from
				agricultural and silvicultural activities, including, without limitation,
				irrigation return flow and runoff from orchards, cultivated crops, pastures,
				rangelands and forest lands, except that this exemption does not apply to the
				following:
(1) Discharges from facilities in
				which crops, vegetation, forage growth or postharvest residues are not
				sustained in the normal growing season and that confine animals if the
				facilities contain, or at any time during the previous 12 months contained, for
				a total of 30 days or more, any of the following types of animals at or in
				excess of the number listed for each type of animal:
(I) Cattle, veal calves or a pair consisting
				of a cow and a calf, 1,000;
(II)
				Mature dairy cattle (whether milkers or dry cows), 700;
(III) Swine weighing over 55 pounds,
				2,500;
(IV) Swine weighing 55
				pounds or less, 10,000;
(V) Horses,
				500;
(VI) Sheep or lambs,
				10,000;
(VII) Turkeys,
				55,000;
(VIII) Chickens, if the
				animal confinement facility has a liquid manure handling system,
				30,000;
(IX) Chickens, other than
				laying hens, if the animal confinement facility does not have a liquid manure
				handling system, 125,000;
(X)
				Laying hens, if the animal confinement facility does not have a liquid manure
				handling system, 82,000;
(XI)
				Ducks, if the animal confinement facility has a liquid manure handling system,
				5,000; or
(XII) Ducks, if the
				animal confinement facility does not have a liquid manure handling system,
				30,000.
(2) Discharges
				from production facilities for aquatic animals.
(3) Discharges of irrigation return flow,
				such as tailwater, tile drainage, surfaced groundwater flow or bypass water,
				operated by public or private organizations or natural persons if the source of
				water is effluent from a treatment works.
(4) Discharges from any agricultural or
				silvicultural activity which have been identified by the Administrator or the
				Director as a significant contributor of pollution.