reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Preliminary Planning of Projects › Section 445A.735 - Proposed pollution control projects: Contents of facility plan

Current through June 11, 2024
A facility plan for a proposed pollution control project must
				  include:
1. A description of the
				nonpoint sources of pollution and the areas and waters affected by
				them.
2. A description of the best
				management practices considered.
3.
				A cost-effect analysis of the feasible conventional, innovative and alternative
				management practices, processes and techniques capable of meeting the
				applicable effluent, water quality and public health requirements over the
				design life of the project while recognizing environmental and other
				nonmonetary considerations.
4. An
				environmental information document that includes an adequate evaluation of the
				environmental impacts of alternatives. This evaluation must discuss all
				significant environmental effects of the proposed project and the implications
				of the project with respect to:
(a) Threatened
				or endangered species;
(b)
				Wetlands;
(c) Farmland;
(d) Fish and wildlife;
(e) Cultural resources;
(f) Open spaces;
(g) Environmentally sensitive
				areas;
(h) Air quality;
(i) Water quality;
(j) Consistency with land use
				plans;
(k) Energy use;
(l) Long-term versus short-term
				trade-offs;
(m) Floodplains;
				and
(n) Consistency with areawide
				planning, such as basin plans and plans prepared pursuant to section 208 of the
				Act,
				33 U.S.C. §
											1288, and the nonpoint source management
				program.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Preliminary Planning of Projects › Section 445A.736 - Proposed pollution control projects: Cost-effect analysis

Current through June 11, 2024
1. A cost-effect analysis prepared pursuant
				to NAC 445A.734 must include:
(a) A
				description of the relationship between the capacity of alternatives and the
				needs to be served, including capacity or future growth expected after the
				project becomes operational.
(b) An
				evaluation of the alternative methods for the reuse or ultimate disposal of
				treated wastewater and sludge resulting from the treatment process.
(c) Information concerning total capital
				costs and annual operation and maintenance costs.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Preliminary Planning of Projects › Section 445A.737 - Requirements for facility plan

Current through June 11, 2024
A facility plan for a proposed wastewater treatment works or
				  pollution control project must demonstrate, through a systematic evaluation of
				  alternatives that are feasible in light of the unique demographic, topographic,
				  hydrologic and institutional characteristics of the area, that the alternative
				  selected is the most economical means of meeting the applicable effluent, water
				  quality and public health requirements over the design life of the
				  facility.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42104
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Preliminary Planning of Projects › Section 445A.738 - Public hearing before adoption of facility plan

Current through June 11, 2024
1. Before adopting a facility plan, an
				applicant for financial assistance must hold a public hearing to describe the
				proposed project and ensure that the concerns of the public are fully
				considered.
2. The time, place and
				subject of the public hearing must be announced conspicuously and adequately by
				the applicant not less than 30 days before the hearing. Copies of the facility
				plan must be made available for inspection by the public not less than 15 days
				before the hearing.
3. Notice of
				the hearing must be circulated within the geographical area covered by the
				facility plan by :
(a) Publishing notice of
				the hearing in a newspaper of general circulation in the area; or
(b) Unless otherwise required by federal law,
				posting notice of the hearing on an Internet website designed to give general
				public notice that has been approved by the Division.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Preliminary Planning of Projects › Section 445A.739 - Submission of facility plan to Division

Current through June 11, 2024
Each facility plan must be submitted to the Division for
				  approval.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42106
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Environmental Review of Proposed Projects › Section 445A.742 - Steps in process of environmental review

Current through June 11, 2024
The process of environmental review of a proposed project
				  includes the following steps:
1. An
				applicant for financial assistance shall consult with the Division during the
				formulation of the project or the preparation of the facility plan to:
(a) Determine whether the project is eligible
				for a categorical exclusion from any applicable provisions of NAC 445A.685 to
				445A.805, inclusive;
(b) Determine
				alternatives to the project which must be evaluated;
(c) Identify potential environmental issues;
				and
(d) Determine the potential
				need for partitioning the environmental review process or the need for an
				environmental impact statement.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Environmental Review of Proposed Projects › Section 445A.743 - Duties of Division

Current through June 11, 2024
1. The Division
				shall initiate the process of environmental review at the earliest practicable
				date to identify environmental impacts, avoid delays and resolve conflicts.
				This process must be integrated with the preparation of the facility
				plan.
2. A review of environmental
				information developed by the applicant must be conducted by the Division
				whenever meetings are held to assess progress in the development of the
				facility plan. These meetings must be held before a preferred alternative is
				selected.
3. A decision whether to
				prepare an environmental impact statement must be made as early as practicable
				during the preparation of the facility plan. The Division shall inform
				interested parties of:
(a) The preliminary
				nature of the Division's position on preparing an environmental impact
				statement;
(b) The relationship
				between the preparation of the facility plan and the process of environmental
				review;
(c) The extent of the
				public participation program; and
(d) The name of a person who may be contacted
				for further information.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Environmental Review of Proposed Projects › Section 445A.744 - Categorical exclusion: Determination by Division; criteria for granting; request for exclusion of additional categories

Current through June 11, 2024
1. The
				Division shall determine whether an action is eligible for exclusion from
				review pursuant to the National Environmental Policy Act of 1969,
				42 U.S.C. §§
										4321 et seq.
2. The Division may grant a categorical
				exclusion to:
(a) Any action for which the
				facility plan is directed to the rehabilitation of existing facilities,
				replacement of equipment or the construction of a new ancillary facility
				adjacent or appurtenant to an existing facility and not affecting the degree of
				treatment or capacity of that facility. These actions include, without
				limitation:
(1) Infiltration and inflow
				corrections;
(2) Replacement of
				existing mechanical equipment or structures; and
(3) Construction of small structures on
				existing sites.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Environmental Review of Proposed Projects › Section 445A.745 - Categorical exclusion: Public notice

Current through June 11, 2024
If a categorical exclusion is granted:
1. Unless otherwise required by federal law,
				a notice that the exclusion is available for review must be published on an
				Internet website designed to give general public notice.
2. The exclusion must be mailed to each
				person included on a mailing list maintained by the Division. The mailing list
				must include appropriate federal and state agencies, municipalities and
				interested members of the public.
3. A copy of the exclusion must be submitted
				to the state clearinghouse for review.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC 445.42113; A
				  by
				  R186-18A,
				  eff. 1/30/2019
NRS
				  445A.135 and
				  445A.160
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Environmental Review of Proposed Projects › Section 445A.746 - Categorical exclusion: Review

Current through June 11, 2024
Thirty days must be allowed for review of any categorical
				  exclusion. If no significant comment is received during that period, the
				  process of environmental review will be considered complete. If any such
				  comment is received during that period, it must be resolved before the process
				  of environmental review is completed.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42114
NRS
					 445A.135,
					 445A.160
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Environmental Review of Proposed Projects › Section 445A.747 - Commitment of financial assistance

Current through June 11, 2024
Financial assistance from the fund may be committed upon the
				  completion of the environmental review process unless the Division determines
				  that the nature of the project or environmental conditions have changed
				  significantly from those which were considered in the categorical
				  exclusion.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42115
NRS
					 445A.135,
					 445A.160
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Environmental Review of Proposed Projects › Section 445A.749 - Determination of whether to issue finding of no significant impact or to initiate preparation of environmental impact statement

Current through June 11, 2024
1. The
				Division shall apply the criteria for initiating environmental impact
				statements to:
(a) A complete facility
				plan;
(b) The environmental
				information document;
(c) The
				preliminary environmental assessment; and
(d) Any other written material deemed
				necessary by the Division as necessary to make an environmental impact
				statement determination.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Environmental Review of Proposed Projects › Section 445A.750 - Partitioning of environmental review for components of project

Current through June 11, 2024
1. Under certain circumstances, the building
				of a portion of a wastewater treatment works may be justified in advance of
				completing all requirements of the National Environmental Policy Act of 1969,
				42 U.S.C. §§
										4321 et seq., for the remainder of the
				treatment works. If there are overriding considerations of cost or impaired
				program effectiveness, the Division may award financial assistance for a
				discrete component of a complete wastewater treatment works.
2. The process of partitioning the
				environmental review for a discrete component must comply with the criteria and
				procedures described in subsection 3. In addition, all reasonable alternatives
				for the overall wastewater treatment works of which the component is a part
				must have been previously identified, and each part of the environmental review
				for the remainder of the overall facility plan must comply with all the
				requirements of NAC 445A.685 to 445A.805, inclusive.
3. To satisfy the criteria for partitioning,
				a component of a project must:
(a) Immediately
				remedy a public health, water quality or other environmental problem;
(b) Not foreclose any reasonable alternatives
				identified for the overall wastewater treatment works;
(c) Not cause significant adverse direct or
				indirect environmental impacts, including those which cannot be acceptably
				mitigated without completing the entire wastewater treatment system of which
				the component is a part; and
(d)
				Not be highly controversial.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Environmental Review of Proposed Projects › Section 445A.751 - Finding of no significant impact: Issuance; notice

Current through June 11, 2024
1. If,
				after completion of the Division's review of the facility plan, it is
				determined that an environmental impact statement will not be required, the
				Division shall issue a finding of no significant impact. This finding must be
				based upon the Division's independent review of the preliminary environmental
				assessment and any other environmental information deemed necessary. Following
				the review by the Division, the environmental assessment must be finalized and
				made available for review by the public. The finding of no significant impact
				must list mitigation measures necessary to make the recommended alternative
				environmentally acceptable and must note any other environmental documents
				related to it.
2. Unless otherwise
				required by federal law, notice of a finding of no significant impact for
				review must be published on an Internet website designed to give general public
				notice.
3. Copies of a finding of
				no significant impact must be mailed directly to persons included on a mailing
				list maintained by the Division. The mailing list must include appropriate
				federal and state agencies, municipalities and interested members of the
				public. An additional copy of the finding must be submitted to the state
				clearinghouse for review.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC 445.42119; A
				  by
				  R186-18A,
				  eff. 1/30/2019
NRS
				  445A.135 and
				  445A.160
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Environmental Review of Proposed Projects › Section 445A.752 - Finding of no significant impact: Review

Current through June 11, 2024
1. The period
				of time allowed for review of finding of no significant impacts is 30 days. If
				no significant comments are received during that time, the environmental review
				process shall be deemed complete.
2. Significant comments received during the
				review period must be resolved before completing the environmental review
				process.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.4212
NRS
					 445A.135,
					 445A.160
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Environmental Review of Proposed Projects › Section 445A.753 - Provision of financial assistance following finding of no significant impact

Current through June 11, 2024
1. After an environmental assessment has been
				prepared and the issued finding of no significant impact becomes effective for
				the facility plan for the study area, a commitment of financial assistance may
				be made without preparation of an additional finding of no significant impacts,
				unless the Division determines that the project or environmental conditions
				have changed significantly from those which underwent environmental
				review.
2. The Division shall
				ensure itself that mitigation measures identified in the facility plan or in
				the finding of no significant impact will be implemented by the applicant. This
				must be done by conditioning the agreement for financial assistance and
				discharge permit upon compliance with all agreed-upon mitigation
				measures.
3. In any case in which
				an environmental assessment or categorical exclusion is 5 or more years old,
				the Division shall reevaluate the project, environmental conditions and public
				views and, before awarding financial assistance:
(a) Issue a public notice reaffirming its
				decision to proceed with the project without revising the environmental
				assessment;
(b) Update information
				and prepare, issue and distribute a revised environmental assessment and
				finding of no significant impact; or
(c) Withdraw the finding of no significant
				impact and publish a notice of intent to produce an environmental impact
				statement. The Division shall thereafter prepare, issue and distribute an
				environmental impact statement and record of decision.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Environmental Review of Proposed Projects › Section 445A.754 - Environmental impact statement: When required

Current through June 11, 2024
The Division shall ensure that an environmental impact
				  statement is prepared and issued whenever the Division determines, without
				  limitation, that an action is known or expected:
1. To have a significant effect on the
				quality of the human environment, either individually, cumulatively over time
				or in conjunction with other federal, state, local or private
				actions;
2. To affect directly or
				indirectly recognized cultural resources, habitats of endangered or threatened
				species, environmentally important natural resource areas such as floodplains,
				wetlands, important farmlands, aquifer recharge zones, scenic areas or other
				resource areas; or
3. Not to be
				cost-effective or to cause significant public controversy.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42122
NRS
					 445A.135,
					 445A.160
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Environmental Review of Proposed Projects › Section 445A.755 - Environmental impact statement: Procedure for preparing

Current through June 11, 2024
1. If the Division determines that an
				environmental impact statement will be required, the Division shall prepare and
				distribute a notice of intent.
2.
				As soon as possible after the distribution of the notice of intent, the
				Division shall convene a meeting of affected federal, state and local agencies,
				affected Indian tribes, the recipient and other interested parties to determine
				the scope of the environmental impact statement. As part of this meeting, the
				Division shall:
(a) Determine the significant
				issues to be analyzed in depth in the environmental impact statement;
(b) Identify the preliminary range of
				alternatives to be considered;
(c)
				Identify potential cooperating agencies and determine the information or
				analyses that may be needed from those agencies or other parties;
(d) Discuss the method for preparing the
				environmental impact statement and the strategy for securing public
				participation; and
(e) Determine
				the relationship between the environmental impact statement and the completion
				of the facility plan and any necessary coordination between the preparers of
				both documents.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Environmental Review of Proposed Projects › Section 445A.756 - Environmental impact statement: Public notice; distribution of draft

Current through June 11, 2024
1. Unless otherwise required by federal law,
				upon making a determination that an environmental impact statement is required
				in connection with a proposed project, the Division shall publish a notice of
				intent to publish an environmental impact statement on an Internet website
				designed to give general public notice and shall distribute the notice of
				intent to publish an environmental impact statement.
2. Copies of the draft environmental impact
				statement must be provided to all local, state and federal agencies and public
				organizations having an interest in the proposed project and must be made
				available to the public for review. The following steps must be followed in
				distributing the draft environmental impact statement:
(a) Unless otherwise required by federal law,
				a notice of the availability of the draft must be published on an Internet
				website designed to give general public notice.
(b) The draft must be mailed directly to each
				person included on a mailing list maintained by the Division. The mailing list
				must include appropriate federal and state agencies, municipalities and
				interested members of the public.
(c) Copies of the draft must be submitted to
				the state clearinghouse for review.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Environmental Review of Proposed Projects › Section 445A.757 - Environmental impact statement: Review of draft

Current through June 11, 2024
The time allowed for review of the draft environmental impact
				  statement is 45 days. If no significant comments are received during that time,
				  the environmental review process shall be deemed complete. Any significant
				  comments received during the period of review must be resolved before
				  completing the environmental review process.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42125
NRS
					 445A.135,
					 445A.160
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Environmental Review of Proposed Projects › Section 445A.758 - Environmental impact statement: Fee for copies of documents

Current through June 11, 2024
Members of the public may be charged a reasonable fee, not to
				  exceed the cost of reproduction, for a copy of any draft or final environmental
				  impact statement or any supporting document.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42126
NRS
					 445A.135,
					 445A.160
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Environmental Review of Proposed Projects › Section 445A.759 - Environmental impact statement: Public hearing

Current through June 11, 2024
Public hearings must be scheduled by the Division and held in
				  accordance with the provisions of chapters 233B and 445A of NRS. The Division
				  shall schedule not less than two public hearings. The first of these must be
				  scheduled after alternatives have been developed and the second must be
				  scheduled before the environmental impact statement is finalized.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42127
NRS
					 445A.135,
					 445A.160
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Environmental Review of Proposed Projects › Section 445A.760 - Additional procedures for securing public participation

Current through June 11, 2024
The Division may institute such additional procedures for
				  securing public participation as are deemed necessary during the environmental
				  review process.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42128
NRS
					 445A.135,
					 445A.160
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Environmental Review of Proposed Projects › Section 445A.761 - Preparation of final environmental impact statement

Current through June 11, 2024
After the comment period, public hearings and consideration
				  of comments received during the public participation process, a final
				  environmental impact statement must be prepared. The final environmental impact
				  statement must consist of:
1. The
				draft environmental impact statement;
2. Comments received concerning the draft
				environmental impact statement;
3.
				A list of persons commenting on the draft environmental impact
				statement;
4. The response of the
				Division to each significant comment received; and
5. Any other information deemed appropriate
				by the Division.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42129
NRS
					 445A.135,
					 445A.160
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Environmental Review of Proposed Projects › Section 445A.762 - Approval of facility plan: Record of decision; provision of financial assistance

Current through June 11, 2024
1. After a final
				environmental impact statement has been issued, the Division shall prepare and
				issue a record of decision in conjunction with its approval of the facility
				plan. The record of decision must include an identification of mitigation
				measures derived from the environmental impact statement process.
2. Before approving a facility plan, the
				Division shall ensure that any mitigation measures identified in the record of
				decision will be implemented by the applicant. An applicant shall implement
				mitigation measures agreed upon during the environmental review process. The
				Division shall condition the agreement for financial assistance and discharge
				permit upon compliance by the applicant with agreed-upon mitigation
				measures.
3. After the record of
				decision is prepared on the selected or preferred alternative for the facility
				plan described in the environmental impact statement and the facility plan is
				approved, a commitment of financial assistance may be made without preparation
				of supplemental environmental impact statements, unless the Division determines
				that the project or the environmental conditions described within the current
				environmental impact statement have changed significantly.
4. In any case in which the environmental
				impact statement is 5 or more years old, the Division shall reevaluate the
				project, environmental conditions and public views, compare them with the
				information contained in the environmental impact statement and, before
				awarding financial assistance:
(a) Prepare,
				issue and distribute a finding of no significant impact, affirming its decision
				to proceed with the project, and documenting that no additional significant
				impacts were identified during the reevaluation which would require
				supplementing the environmental impact statement; or
(b) Conduct additional studies and prepare,
				issue and distribute a supplemental environmental impact statement and document
				to the original or any revised decision in an addendum to the record of
				decision.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Awarding of Financial Assistance › Section 445A.764 - Intended use plan: Creation; amendment

Current through June 11, 2024
1. An intended use
				plan must be prepared by the Division which describes how all money deposited
				into the fund will be used. The intended use plan must include a description
				of:
(a) The short- and long-term goals and
				objectives of the fund;
(b) The
				types of activities to receive financial assistance from the fund, including
				eligible categories of costs, the types of financial assistance to be provided
				by the fund and the terms for the various types of financial assistance
				provided by the fund;
(c) The
				criteria and method used for the distribution of money from the fund;
				and
(d) The criteria and method
				used for selecting treatment works or pollution control projects to be funded
				as eligible activities for nonpoint sources.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Awarding of Financial Assistance › Section 445A.7643 - Intended use plan: Requirements for final plan

Current through June 11, 2024
1. The
				Division shall conduct a public participation process to obtain public comment
				and review before finalizing its intended use plan.
2. Copies of the final intended use plan
				containing the information set forth in NAC 445A.764 must be made available in
				the offices of the Division or its successor.
Added to NAC by
				  Environmental Comm'n by R115-10, eff. 1-13-2011
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Awarding of Financial Assistance › Section 445A.7647 - Intended use plan: Submission with annual capitalization grant agreement or amendment thereto

Current through June 11, 2024
The priority list established pursuant to NAC 445A.765 will
				  be incorporated into the intended use plan developed pursuant to NAC 445A.764
				  and 445A.7643 and submitted with other required information to the United
				  States Environmental Protection Agency in the application for the annual
				  capitalization grant agreement or an amendment to a capitalization grant
				  agreement.
Added to NAC by
				  Environmental Comm'n by R115-10, eff. 1-13-2011
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Awarding of Financial Assistance › Section 445A.765 - Priority list: Establishment and use

Current through June 11, 2024
1. The
				Department shall provide financial assistance from the fund to projects on a
				list of projects developed by the Division in accordance with a priority system
				meeting the requirements of NAC 445A.767. The list and system must be designed
				to achieve the optimum management of water quality consistent with the goals
				and requirements of the Act.
2. In
				establishing the priority of projects, the Division shall also consider the
				total amount of money available, the needs and priorities set forth in areawide
				water quality management plans and any other factors contained in the state
				priority system.
3. The priority
				list must include an estimate of the eligible cost of each project.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42135
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Awarding of Financial Assistance › Section 445A.7655 - Priority list: Notification of ranking of projects; duties of applicant; effect of failure to comply

Current through June 11, 2024
1. After the
				priority list is finalized by the Division, the Division shall notify each
				applicant on the priority list of the ranking of projects.
2. After receiving the notification letter
				pursuant to subsection 1, each applicant shall file with the Division a letter
				of intent, indicating its intentions to either:
(a) Proceed with an application for financial
				assistance for proposed projects; or
(b) Defer action on an application until a
				later time.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Awarding of Financial Assistance › Section 445A.766 - Establishment of reserves

Current through June 11, 2024
1. In developing
				its priority list, the Division shall establish the reserves required or
				authorized by the Act.
2. The
				Division may reserve not more than 4 percent of the State's grant awards. This
				money must be used to administer the fund and to manage the program.
3. The Division shall, in accordance with the
				provisions of
				33 U.S.C. §
										1384(b), reserve 1 percent
				of its annual allotment or $100,000, whichever is more, to carry out water
				quality management planning.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42136
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Awarding of Financial Assistance › Section 445A.767 - Use of and requirements for priority system

Current through June 11, 2024
1. A
				priority system must be used to rank projects that are considered eligible for
				financial assistance from the fund.
2. The priority system must:
(a) Give highest priority to projects that
				are necessary to meet the enforceable requirements of the Act.
(b) Establish procedures for administration,
				management and public participation required to develop and revise the list of
				projects.
(c) Include the following
				criteria for ranking projects:
(1) The
				elimination of pollution from surface waters and groundwaters within this
				State.
(2) The protection of the
				health of the people of this State from harm caused by the inadequate or
				improper treatment, collection or disposal of wastewater.
(3) The attainment of standards of water
				quality adopted by the State Environmental Commission to protect designated
				beneficial uses.
(4) The operation
				of the fund in such a manner so as to impose the least possible financial
				burden on municipalities.
(d) Include categories of need. A project
				must fall into at least one of the following categories to be eligible for
				financial assistance from the fund:
(1)
				Category I Secondary treatment or any cost-effective alternative
				thereto.
(2) Category II Advanced
				treatment (treatment more stringent than secondary treatment).
(3) Category IIIA Infiltration and inflow
				protection.
(4) Category IIIB Major
				sewer system rehabilitation.
(5)
				Category IVA New collection systems and appurtenances.
(6) Category IVB New interceptor sewers and
				appurtenances.
(7) Category V
				Correction of combined sewer overflows.
(8) Category VI Treatment of wastewaters from
				nonpoint sources.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Awarding of Financial Assistance › Section 445A.7675 - Division authorized to bypass project on priority list in certain circumstances; notification; objection

Current through June 11, 2024
1. The Division may
				bypass a project on the priority list if the Division determines that the
				project is not ready to proceed or the applicant for the project:
(a) Withdraws the project; or
(b) Requests action to be deferred as allowed
				pursuant to NAC 445A.7655.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Awarding of Financial Assistance › Section 445A.768 - Revision of priority system and priority list; public hearings

Current through June 11, 2024
1. The Division may revise its priority
				system and priority list as necessary.
2. The Division shall hold public hearings:
(a) Before adopting its priority
				system;
(b) Before adopting any
				significant change to an approved priority system;
(c) Before adopting its annual priority list;
				and
(d) Before revising its
				priority list unless the Division determines that the revision is not
				significant.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Awarding of Financial Assistance › Section 445A.769 - Requirements for initial approval of financial assistance

Current through June 11, 2024
1. To obtain approval of financial
				assistance, an applicant must submit a letter of intent, a facility plan, an
				environmental document and a draft revenue program. After these documents are
				approved, the Division shall consider the project for initial approval of
				financial assistance.
2. Factors to
				be considered in awarding approval include:
(a) Placement on the priority list;
(b) The readiness of the project to proceed
				with construction; and
(c) The
				severity of any public health or water quality problem which will be corrected
				by the proposed project.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Awarding of Financial Assistance › Section 445A.770 - Documents required; agreements for financial assistance; subsequent design reviews

Current through June 11, 2024
1. To obtain
				financial assistance from the fund, the following documents must be submitted:
(a) An application for assistance in the form
				prescribed by the Division.
(b)
				Final plans and specifications and an estimate by an engineer of the costs of
				construction for the project.
(c) A
				preliminary project schedule which provides a timetable for advertising and for
				opening bids, hiring and training operators, submission of an operation and
				maintenance manual, adoption of a system of user charges and a sewer use
				ordinance, completion of construction and initiation of operation. As used in
				this paragraph, initiation of operation means the date specified by the
				recipient on which use of the project begins for the purposes that it was
				planned, designed and built.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Awarding of Financial Assistance › Section 445A.771 - Examination of plans and specifications; submission of documents for review

Current through June 11, 2024
1. An examination of the plans and
				specifications for a project must be performed to determine whether:
(a) The design is consistent with the
				facilities described in the facility plan;
(b) The proposed project, in concept, will
				meet discharge requirements; and
(c) The project will comply with applicable
				federal and state requirements.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Awarding of Financial Assistance › Section 445A.772 - Submission of agreements regarding projects intended to serve two or more municipalities

Current through June 11, 2024
If a project will serve two or more municipalities, the
				  applicant shall submit the executed intermunicipal agreement, contract or other
				  legally binding instrument necessary for the financing, building and operation
				  of the proposed treatment works. This instrument must set forth the basis upon
				  which costs are allocated, the formula by which costs are allocated and the
				  manner in which the system of allocating costs will be administered.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42142
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Awarding of Financial Assistance › Section 445A.773 - Provision of financial assistance to help offset costs

Current through June 11, 2024
1. A fixed amount of financial assistance may
				be provided to a recipient to help offset costs for planning, design and
				construction inspection, engineering and management. As used in this
				subsection, "engineering" means consultation, investigation, the preparation of
				reports or other services for a project within the scope of the practice of
				architecture or professional engineering as defined by the law of this
				State.
2. The recipient may request
				payment of the entire fixed amount for planning and design as soon as the
				agreement for financial assistance is signed and money is available.
3. Financial assistance may also be provided
				for:
(a) The allowable costs of the
				construction contract;
(b) The
				allowable costs of land;
(c) A
				contingency fund; and
(d) The cost
				of preparing an environmental impact statement if one is required.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Awarding of Financial Assistance › Section 445A.774 - Conditions of financial assistance and repayment

Current through June 11, 2024
Conditions of financial assistance and of any repayment of
				  such assistance:
1. Must be set forth
				in the agreement for financial assistance.
2. Are subject to any requirements and
				limitations imposed by the United States Environmental Protection
				Agency.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42144
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Awarding of Financial Assistance › Section 445A.775 - Fee for award of financial assistance

Current through June 11, 2024
1. The Director
				may, with the approval of the Department of Administration, impose and collect
				a fee for each award of financial assistance from the fund. The fee must not
				exceed 0.5 percent of:
(a) The amount of the
				loan, if assistance is given in the form of a loan.
(b) The amount of the obligation, if
				assistance is given in the form of a guarantee of a municipal obligation or the
				purchase of insurance for such an obligation.
(c) The amount refinanced, if assistance is
				given in the form of the refinancing of a municipal obligation.
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.777 - Certification of compliance with requirements of federal law

Current through June 11, 2024
Before an agreement for financial assistance is transmitted
				  to it for signature, a recipient must certify that it has complied and will
				  comply with all requirements of federal law that are determined by the United
				  States Environmental Protection Agency to apply to the operation of the
				  fund.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90; A by R115-10, 1-13-2011-Substituted in
				  revision for NAC 445.4215
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.778 - Consistency of project with water quality management plan

Current through June 11, 2024
A project must be consistent with the approved elements of
				  any applicable water quality management plan developed pursuant to
				  33 U.S.C. §
										1285(j),
				  1288,
				  1313(e)
				  or
				  1329
				  and the applicant must be the wastewater management agency designated in that
				  plan.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42151
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.779 - Adoption of accounting standards by reference; maintenance of separate project accounts

Current through June 11, 2024
1. The State
				Environmental Commission hereby adopts by reference the accounting standards
				contained in
Standards for Audit of Governmental Organizations,
				Programs, Activities and Functions
, published by the General
				Accounting Office. A copy of this publication is available at a cost of $3.50
				by mail from the Superintendent of Documents, U.S. Government Printing Office,
				P.O. Box 979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at
				(866) 512-1800.
2. A recipient of
				financial assistance shall maintain separate project accounts in accordance
				with generally accepted governmental accounting standards, including those
				adopted by reference in subsection 1.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
				  445.42152
NRS
					 445A.135
Nevada Administrative Code › Chapter 445A - Water Controls › FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS › Requirements for Projects › Section 445A.780 - Maintenance of records and accounts

Current through June 11, 2024
1. A recipient
				shall:
(a) Establish an official file for the
				project. The file must contain an adequate record of all significant actions
				relating to the project.
(b)
				Establish accounts that accurately and adequately show all amounts of money:
(1) Received as financial assistance from the
				fund.
(2) Received and spent on the
				project.
(3) Received as income
				from the project.
(c)
				Establish a system of accounting which ensures that the final total costs of
				the project, including all direct and indirect costs, are recorded
				accurately.
(d) Establish and
				maintain such other accounts and records as are required by the Division to
				comply with requirements for reporting established by the Federal
				Government.
(e) Retain all records
				relating to the project for at least 3 years after final repayment of financial
				assistance has been made or for any longer period required by the
				Division.