reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.321 - Administration of controls by municipality: Voluntary compliance

Current through June 11, 2024
1. The municipality may provide the person
				responsible, upon request, with such technical assistance and information as
				the person needs to prepare the plan of best practices for his or her activity
				or use.
2. A plan of best practices
				prepared under NAC 445A.305 to 445A.340, inclusive, must:
(a) Be in writing;
(b) Be formulated with consideration given to
				the cost-effectiveness and economic effect of the proposed practices;
(c) Contain a reasonable schedule for its
				fulfillment;
(d) Be presented to
				the municipality within 6 months after the date of the meeting referred to in
				subsection 2 of NAC 445A.320;
(e)
				Be approved in writing by the municipality; and
(f) Be reasonably designed to prevent,
				eliminate or reduce the water pollution from the diffuse source.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.322 - Administration of controls by municipality: Involuntary compliance

Current through June 11, 2024
1. If a person notified pursuant to
				subsection 1 of NAC 445A.320, fails or refuses to:
(a) Meet with a representative of the
				municipality;
(b) Present to the
				municipality a required plan of best practices within the specified time;
				or
(c) Present to the municipality
				a plan of best practices which the municipality reasonably can approve,
the municipality must select appropriate practices and the
				  person responsible must carry out those practices. The municipality must notify
				  the person in writing of the best practices selected and the date by which they
				  must be commenced. The notice must be given by personal service or sent by
				  registered or certified mail.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.323 - Administration of controls by municipality: Appeal by person charged with violation

Current through June 11, 2024
1. If any person
				who is alleged to be responsible for a diffuse source contributing to a
				violation of standards for water quality is aggrieved by:
(a) The determination of the existence of or
				responsibility for the diffuse source;
(b) The refusal of the municipality to
				approve his or her plan of best practices; or
(c) The selection by the municipality of such
				practices or the time by which the person shall commence them,
he or she may appeal to the governing body of the
				  municipality for a hearing. The appeal must be in writing no later than 30 days
				  after the date of his or her receipt of a notice of responsibility under
				  subsection 1 of NAC 445A.320 if the appeal concerns the existence of or
				  responsibility for the diffuse source, the notice of selection of best
				  practices under subsection 1 or the refusal of his or her plan or selection of
				  a plan by the municipality.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.324 - Administration of controls by municipality: Refusal to follow approved plan; order to comply

Current through June 11, 2024
1. If a person who
				is determined to be responsible for a diffuse source contributing to a
				violation of standards for water quality fails or refuses properly to carry out
				a plan of best practices approved or selected by the municipality pursuant to
				the requirements of NAC 445A.070 to 445A.340, inclusive, the municipality must
				issue an order for compliance. The order must specify the particular failure or
				refusal and prescribe the corrective action to be taken and a reasonable time
				for completing that action.
2. The
				order must be served upon the person responsible by personal service or sent to
				the person by registered or certified mail.
3. A failure of the person to comply with the
				order authorizes the municipality to seek injunctive relief to enforce
				compliance.
Environmental Comm'n,
				  Diffuse Source Control Reg. §§ 3.7.1 & 3.7.2, eff. 10-16-80-NAC A
				  by R083-08, 8-26-2008-Substituted in revision for NAC
				  445.218
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.325 - Determination by Division of new sources of water pollution

Current through June 11, 2024
1. The Division may, in cooperation with the
				appropriate municipality, survey, sample and test any surface water of the
				State already subject to a municipal program to determine the existence of any
				new or additional diffuse source of water pollution.
2. The Division shall immediately report any
				such pollution to the municipality.
Environmental Comm'n,
				  Diffuse Source Control Reg. § 3.1.8, eff. 10-16-80-Substituted in revision
				  for NAC 445.219
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.326 - New diffuse sources: Applicability of this section and NAC 445A.327 and 445A.328

Current through June 11, 2024
This section and NAC 445A.327 and 445A.328 apply to every
				  municipality within the State, whether or not it has put into effect a program
				  for control of diffuse sources.
Environmental Comm'n,
				  Diffuse Source Control Reg. § 3.2.7, eff. 10-16-80-Substituted in revision
				  for NAC 445.220
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.327 - New diffuse sources: Notice to municipality required

Current through June 11, 2024
1. After October 16, 1980, and except as
				provided in subsection 3, a person shall not commence any new land-disturbing
				activity or additional use of land which is likely to cause pollution from a
				diffuse source without first filing notice with the municipality in whose
				jurisdiction the activity or use is to occur.
2. The notice must be filed at least 30 days
				before the date of commencement of the activity or use and must specify the
				date of commencement, location, dimensions, nature and purpose of the activity
				or use.
3. The notice is not
				required of:
(a) Any farmer unless the
				proposed activity or use is likely to cause a violation of a standard for water
				quality adopted pursuant to NRS
				NRS
				445A.520;
(b) Any person whose activity or use is
				covered by a locally approved conservation plan or resource management plan;
				or
(c) Any person who is engaged in
				building, grading or forest activities and whose permit requires the use of the
				best practices for the control of water pollution resulting from diffuse
				sources.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.328 - New diffuse sources: Review of notice by municipality; recommendations

Current through June 11, 2024
1. The municipality must review the notice
				within 30 days after its filing and advise the person filing it whether or not
				the use or activity is likely to cause water pollution from a diffuse
				source.
2. If pollution from a
				diffuse source is determined likely and the municipality has commenced
				administration of its program of controls, it must:
(a) Give the person a written recommendation
				of the best practices for him or her to apply to the use or activity in order
				to prevent, eliminate or reduce the anticipated pollution; or
(b) Request the person to submit to the
				municipality a written plan of the best practices to accomplish that
				purpose.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.329 - Technical assistance

Current through June 11, 2024
If a municipality has insufficient resources to administer a
				  program for control of diffuse sources, it may request and to the extent
				  feasible may be provided technical assistance from the Division. A municipality
				  may also request technical advice, assistance and services of a conservation
				  district or any other governmental entity within the State.
Environmental Comm'n,
				  Diffuse Source Control Reg. § 4.1.1, eff. 10-16-80-Substituted in revision
				  for NAC 445.223
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.330 - Effect of provisions on Division, municipality

Current through June 11, 2024
NAC 445A.305 to 445A.340, inclusive, does not:
1. Require the Division to finance or
				construct any facility or structure needed to carry out a plan of best
				practices;
2. Affect the
				responsibility of a municipality to develop and enforce such best practices;
				or
3. Prevent the municipality from
				requesting that the responsibility for administering the program be returned to
				it if the Director determines that the municipality has the necessary money and
				staff to administer the program effectively.
Environmental Comm'n,
				  Diffuse Source Control Reg. § 4.1.5, eff. 10-16-80-Substituted in revision
				  for NAC 445.224
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.331 - Partial delegation of program to municipality

Current through June 11, 2024
1. A
				municipality may request that the Department delegate authority to it to
				administer a portion of the program.
2. Upon approval of a request for a partial
				delegation, the Division shall administer its portion of the program in the
				same manner as would a municipality under the procedure set forth in NAC
				445A.316 to 445A.328, inclusive.
3.
				The Division shall regularly consult with the municipality during the course of
				the Division's administration of the program.
Environmental Comm'n,
				  Diffuse Source Control Reg. §§ 4.1.2-4.1.4, eff. 10-16-80-Substituted
				  in revision for NAC 445.225
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.332 - Evaluation of program: Notification to municipality

Current through June 11, 2024
1. The
				Division shall periodically evaluate the effectiveness and efficiency of the
				administration of the program by a municipality.
2. If the Division determines that a
				municipality is unable or unwilling to administer all or any portion of the
				program or is administering the program in an insufficient or improper manner
				in relation to its available resources, the Division shall immediately notify
				the governing body by registered or certified mail of the determination, the
				facts upon which it is based and the means by and a reasonable period within
				which the problem must be remedied.
Environmental Comm'n,
				  Diffuse Source Control Reg. §§ 4.2.1 & 4.2.2, eff.
				  10-16-80-Substituted in revision for NAC 445.226
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.333 - Evaluation of program: Remedy of problem; hearing; notice of hearing

Current through June 11, 2024
1. The municipality must, within the period
				set by the Division, remedy any problem described in subsection 2 of NAC
				445A.332, by the means set forth by the Division.
2. If the remedy is not effected within the
				period set, the Division shall conduct at least one public hearing within the
				jurisdiction of the municipality to determine whether the Division should
				assume administration of all or any portion of the program.
3. The Division shall give 30 days' notice of
				the hearing by publishing a notice of it once in a newspaper circulated in the
				municipality.
4. The Division shall
				also give the governing body 30 days' notice of the hearing by registered or
				certified mail. The mailed notice is given upon the date of mailing. The notice
				must specify the date, place and time of the hearing as well as the subject
				matter to be considered.
5. After
				the public hearing, if the Division determines that it is necessary for it to
				administer all or a portion of the program, it shall commence to do so as soon
				as is reasonably practicable.
Environmental Comm'n,
				  Diffuse Source Control Reg. §§ 4.2.3-4.2.7, eff. 10-16-80-Substituted
				  in revision for NAC 445.227
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.334 - Evaluation of program: Appeal

Current through June 11, 2024
1. If the
				municipality is aggrieved by the determination of the Division, it may appeal
				to the Commission for a hearing on the matter. Such an appeal must be submitted
				in writing to the Commission no later than 30 days after the date of receipt by
				the governing body of written notice of the Division's determination.
2. The hearing on appeal will be conducted
				and the matter decided by the Commission or the panel. The decision is a final
				administrative decision for purposes of judicial review.
3. During such an appeal, the administration
				of all or any portion of the program by the Division is automatically stayed
				until 30 days after the date of decision of the Commission or panel. If there
				is a judicial review of that decision, the Division's administration is
				automatically stayed until the court renders its decision.
Environmental Comm'n,
				  Diffuse Source Control Reg. §§ 4.2.8-4.2.10, eff.
				  10-16-80-Substituted in revision for NAC 445.228
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.335 - Resumption of administration by Division; return of administration to municipality

Current through June 11, 2024
1. If the Division
				resumes the administration of all or any portion of the program as a result of
				such a proceeding, the municipality must make available all of its records
				pertaining to its previous administration of the program or the pertinent
				portion thereof. During the course of the Division's administration, after such
				a resumption, it shall regularly consult with the municipality.
2. At any time after such a resumption, the
				Division may return all administration to the municipality upon its written
				assurance that if the administration is returned, it will be adequate and
				proper. The assurance must be accompanied by a detailed plan for effective
				administration of all or the pertinent portion of the program.
3. If the Division finds that the assurance
				and plan are adequate, it shall promptly return administration of the program
				or the pertinent portion thereof, with the related records to the
				municipality.
4. If the Division
				finds that the assurance or plan is inadequate, it shall so advise the
				municipality in writing, whereupon the municipality may appeal to the
				Commission in the manner prescribed in NAC 445A.323.
Environmental Comm'n,
				  Diffuse Source Control Reg. §§ 4.2.11-4.2.14, eff.
				  10-16-80-Substituted in revision for NAC 445.229
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.336 - State Handbook of Best Management Practices

Current through June 11, 2024
1. The
State Handbook of Best Management Practices
, prepared by the
				State Conservation Commission, must be presented to the Commission for adoption
				and use in carrying out the provisions of NAC 445A.305 to 445A.340, inclusive.
				The Commission may include, as a part of the Handbook for the purposes of those
				sections additional appropriate practices for control of pollution from diffuse
				sources.
2. The Division shall
				ensure that the Handbook is reviewed every 2 years and revised as necessary.
				The Division will consult with the State Conservation Commission in such review
				and revision.
3. The governing body
				of any municipality which administers controls of diffuse sources shall prepare
				and make available a local handbook of best practices for control of diffuse
				sources. The local handbook must be consistent with the
State Handbook
				of Best Management Practices
.
4. The local handbook must be designed to
				meet the particular conditions prevalent in the jurisdiction.
Environmental Comm'n,
				  Diffuse Source Control Reg. §§ 5.1.1-5.1.4, eff. 10-16-80-Substituted
				  in revision for NAC 445.230
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.337 - Local handbooks of best management practices

Current through June 11, 2024
1. The
				governing body shall prepare its first local handbook within 6 months after its
				receipt of a copy of the State Handbook from the Commission.
2. Revisions to the local handbook, other
				than those proposed by the governing body, must be made as soon as is
				reasonably practicable, but not later than 6 months after each set of revisions
				to the State Handbook is received from the Commission.
3. The municipality must consult with
				conservation districts within its jurisdiction for assistance in preparing the
				portion of the local handbook concerning agricultural diffuse
				sources.
4. A municipality must use
				the State Handbook until it has prepared its local handbook.
Environmental Comm'n,
				  Diffuse Source Control Reg. §§ 5.1.5-5.1.8, eff. 10-16-80-Substituted
				  in revision for NAC 445.231
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.338 - Memoranda of understanding

Current through June 11, 2024
1. To ensure proper
				compliance with the provisions of NAC 445A.305 to 445A.340, inclusive, a
				municipality having delegated authority to control diffuse sources may execute
				memoranda of understanding with federal and state agencies operating within its
				jurisdiction.
2. A copy of each
				such memorandum must be sent to the Director no later than 10 days after it is
				executed or adopted.
Environmental Comm'n,
				  Diffuse Source Control Reg. §§ 6.2.1 & 6.2.2, eff.
				  10-16-80-Substituted in revision for NAC 445.232
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.339 - Permit to construct or grade

Current through June 11, 2024
1. As a condition
				of the issuance and validity of any permit or other authorization for
				construction or grading, a county or city must require that practices be used
				to prevent, eliminate or reduce water pollution from any diffuse source during
				the activity.
2. Appropriate
				practices must be selected from the state or local handbook of best
				practices.
3. A person who has
				received a permit or other authorization pursuant to subsection 1 is exempt
				from compliance with NAC 445A.326, 445A.327 and 445A.328.
Environmental Comm'n,
				  Diffuse Source Control Reg. §§ 7.1.1-7.1.3, eff. 10-16-80-Substituted
				  in revision for NAC 445.233
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Diffuse Sources › Section 445A.340 - Logging permits and certificates for timberland conversion

Current through June 11, 2024
1. All logging permits and timberland
				conversion certificates issued by the State Forester Firewarden, must, as a
				condition for issuance and validity thereof, require the use of practices to
				prevent, eliminate or reduce water pollution from diffuse sources.
2. These practices must be selected from the
State Handbook of Best Management Practices
.
3. Any person who has received a permit or
				certificate pursuant to subsection 1 is exempt from compliance with NAC
				445A.326, 445A.327 and 445A.328, for purposes of the use or activity authorized
				by that permit or certificate.
Environmental Comm'n,
				  Diffuse Source Control Reg. §§ 7.2.1-7.2.3, eff. 10-16-80-Substituted
				  in revision for NAC 445.234
NRS
					 445A.425,
					 445A.570
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Subdivision of Land › Section 445A.342 - Fees for review of tentative and final maps

Current through June 11, 2024
1. A
				nonrefundable fee in an amount equal to $100 plus $1 for each lot included in
				the map must accompany each tentative map submitted to the Division for review
				pursuant to
				NRS
				278.335.
2. A nonrefundable fee of $50 must accompany
				each final map submitted to the Division for approval in accordance with
				NRS
				278.377.
3. The Division shall not consider any such
				map which is submitted for review or approval without the applicable
				fee.
Added to NAC by
				  Environmental Comm'n, eff. 9-13-91-Substituted in revision for NAC
				  445.235
NRS
					 445A.425,
					 445A.430
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Notification of Release of Hazardous Substance › Section 445A.345 - Definitions

Current through June 11, 2024
As used in NAC 445A.345 to 445A.348, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 445A.3451 to
				  445A.3459, inclusive, have the meanings ascribed to them in those
				  sections.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87; A by R125-07,
				  1-30-2008
NRS
					 445A.425,
					 445A.660
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Notification of Release of Hazardous Substance › Section 445A.3451 - "Confirmed release from an underground storage tank" defined

Current through June 11, 2024
"Confirmed release from an underground storage tank" means an
				  actual or presumed underground release that is discovered by:
1. A test to determine the tightness of an
				underground storage tank or line that is conducted in accordance with the
				provisions of
				40 C.F.R. §
										280.43(c) or
				40 C.F.R. §
										280.44(b),
				respectively;
2. A visual or
				laboratory confirmation of a hazardous substance in soil surrounding the
				underground storage tank or in groundwater in the area of an underground
				storage tank which indicates that a release from the underground storage tank
				has occurred; or
3. Any unexplained
				rapid loss of a hazardous substance from an underground storage tank.
Added to NAC by
				  Environmental Comm'n by R125-07, eff. 1-30-2008
NRS
					 445A.425,
					 445A.660
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Notification of Release of Hazardous Substance › Section 445A.3452 - "Facility" defined

Current through June 11, 2024
"Facility" means any:
1. Building, structure, installation,
				equipment, pipe, including the pipe into a sanitary or storm sewer or publicly
				owned treatment works, pipeline, well, pit, pond, lagoon, impoundment, ditch,
				landfill, container for storage, tank or underground tank for
				storage;
2. Site or area where a
				hazardous substance, pollutant or contaminant has been deposited, stored,
				disposed of, placed or otherwise located; or
3. Motor vehicle, rolling stock or aircraft
				or any vessel used as a means of transportation on water.
Added to NAC by
				  Environmental Comm'n by R125-07, eff. 1-30-2008
NRS
					 445A.425,
					 445A.660
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Notification of Release of Hazardous Substance › Section 445A.3453 - "Groundwater" defined

Current through June 11, 2024
"Groundwater" means all subsurface water comprising the zone
				  of saturation, including perched water.
Added to NAC by
				  Environmental Comm'n by R125-07, eff. 1-30-2008
NRS
					 445A.425,
					 445A.660
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Notification of Release of Hazardous Substance › Section 445A.3454 - "Hazardous substance" defined

Current through June 11, 2024
"Hazardous substance" includes, without limitation:
1. A contaminant as defined in
				NRS
				445A.325;
2. A hazardous material as defined in
				NRS
				459.7024;
3. A hazardous substance as defined in 40
				C.F.R. Part 302;
4. A pollutant as
				defined in NRS
				NRS
				445A.400; and
5. A regulated substance as defined in
				NRS
				459.448.
Added to NAC by
				  Environmental Comm'n by R125-07, eff. 1-30-2008
NRS
					 445A.425,
					 445A.660
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Notification of Release of Hazardous Substance › Section 445A.3455 - "Other surfaces of land" defined

Current through June 11, 2024
"Other surfaces of land" means rock, gravel, road base,
				  compacted soil, asphalt, pavement or concrete. The term does not include a
				  surface that is engineered to prevent a release of a hazardous substance into
				  the environment.
Added to NAC by
				  Environmental Comm'n by R125-07, eff. 1-30-2008
NRS
					 445A.425,
					 445A.660
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Notification of Release of Hazardous Substance › Section 445A.34555 - "Public water system" defined

Current through June 11, 2024
"Public water system" has the meaning ascribed to it in NRS
				  NRS
				  445A.235.
Added to NAC by
				  Environmental Comm'n by R125-07, eff. 1-30-2008
NRS
					 445A.425,
					 445A.660
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Notification of Release of Hazardous Substance › Section 445A.3456 - "Release" defined

Current through June 11, 2024
"Release" means any spilling, leaking, pumping, pouring,
				  emitting, emptying, discharging, injection, escaping, leaching, dumping or
				  disposing into the environment.
Added to NAC by
				  Environmental Comm'n by R125-07, eff. 1-30-2008
NRS
					 445A.425,
					 445A.660
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Notification of Release of Hazardous Substance › Section 445A.3457 - "Surface water" defined

Current through June 11, 2024
"Surface water" means all water open to the atmosphere and
				  subject to surface runoff.
Added to NAC by
				  Environmental Comm'n by R125-07, eff. 1-30-2008
NRS
					 445A.425,
					 445A.660
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Notification of Release of Hazardous Substance › Section 445A.3458 - "Underground storage tank" defined

Current through June 11, 2024
"Underground storage tank" means a tank or tanks which are
				  used to contain a hazardous substance and which are at least 10 percent below
				  the surface of the ground. The term includes any underground pipes connected to
				  an underground storage tank.
Added to NAC by
				  Environmental Comm'n by R125-07, eff. 1-30-2008
NRS
					 445A.425,
					 445A.660
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Notification of Release of Hazardous Substance › Section 445A.3459 - "Vulnerable resource" defined

Current through June 11, 2024
"Vulnerable resource" means:
1. Any building or other structure that is
				used primarily to house or provide services to children, elderly persons or
				sick persons, including, without limitation, a school, day care center, senior
				citizen center and hospital;
2. An
				area that is located within 150 feet of a wellhead of a public water system;
				or
3. A storm drain.
Added to NAC by
				  Environmental Comm'n by R125-07, eff. 1-30-2008
NRS
					 445A.425,
					 445A.660
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Notification of Release of Hazardous Substance › Section 445A.346 - Applicability

Current through June 11, 2024
NAC 445A.345 to 445A.348, inclusive, do not apply to:
1. Any release resulting in exposure to an
				employee solely within an indoor place of employment for which the employee may
				assert a claim against his or her employer.
2. Emissions from the exhaust of the engine
				of a motor vehicle, the rolling stock of a railroad, an aircraft, a vessel or
				pipeline pumping station.
3.
				Release of source, by-product or special nuclear material resulting from the
				operation of a production or utilization facility as defined in the Atomic
				Energy Act of 1954, and which is subject to the regulatory authority of the
				Nuclear Regulatory Commission.
4.
				Any activity or substance which is subject to regulation pursuant to
				NRS 459.010 to
				459.290,
				inclusive.
5. The normal
				application of fertilizers or pesticides.
6. Any release that complies with the limits
				or conditions of a permit issued by the State or the Federal
				Government.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87; A by R125-07,
				  1-30-2008
NRS
					 445A.425,
					 445A.660
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Notification of Release of Hazardous Substance › Section 445A.347 - Notification required within 1 working day

Current through June 11, 2024
Any person who owns or operates a facility, or the person's
				  designated agent, shall notify the Director not later than the first working
				  day after he or she has knowledge of a release of a hazardous substance that
				  involves the facility if the hazardous substance is:
1. Released to the soil or other surfaces of
				land in a quantity greater than 25 gallons or 200 pounds;
2. Discovered in at least 3 cubic yards of
				soil during excavation of soil, subsurface exploration or any other subsurface
				activity;
3. Discovered in or on
				the groundwater during subsurface exploration, monitoring of groundwater or any
				other subsurface activity; or
4. A
				confirmed release from an underground storage tank.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87; A 12-8-89; 10-29-93; 9-15-94; R021-99,
				  9-27-99; R126-03, 4-13-2004; R125-07, 1-30-2008
NRS
					 445A.425,
					 445A.660,
					 459.485
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Notification of Release of Hazardous Substance › Section 445A.3473 - Notification required as soon as practicable

Current through June 11, 2024
1. Any
				person who owns or operates a facility, or the person's designated agent, shall
				notify the Director as soon as practicable after he or she notifies any
				emergency response agencies, if required, and initiates any action required to
				prevent or abate any imminent danger to the environment or the health or safety
				of persons after the person has knowledge of a release of a hazardous substance
				that involves the facility if the release:
(a)
				Is in a quantity equal to or greater than that which is required to be reported
				to the National Response Center pursuant to 40 C.F.R. Part 302;
(b) Involves any amount of a hazardous
				substance that is released to surface water; or
(c) Threatens a vulnerable
				resource.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Notification of Release of Hazardous Substance › Section 445A.3475 - Provision of notice

Current through June 11, 2024
Any notice of a release of a hazardous substance required to
				  be provided to the Director:
1.
				Pursuant to NAC 445A.347 may be:
(a) Provided
				via the online reporting system available at the Internet website
http://www.ndep.nv.gov
;
(b) Faxed to (775) 687-8335; or
(c) Provided by telephone at (888) 331-6337,
				for in-state telephone calls, or (775) 687-9485, for in-state or out-of-state
				telephone calls.
Nevada Administrative Code › Chapter 445A - Water Controls › WATER POLLUTION CONTROL › Notification of Release of Hazardous Substance › Section 445A.348 - Use of information in criminal prosecution

Current through June 11, 2024
Any notice received pursuant to NAC 445A.347 or 445A.3473 or
				  any information obtained from the investigation of the release reported in the
				  notice must not be used against the person giving the notice in any criminal
				  prosecution, unless the person is prosecuted for perjury, gross negligence or
				  the giving of a false statement related to the reported
				  release.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87; A by R125-07,
				  1-30-2008
NRS
					 445A.425
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.350 - Definitions

Current through June 11, 2024
As used in NAC 445A.350 to
				  445A.447, inclusive, and section
				  1 of this regulation, unless the context otherwise requires, the words and
				  terms defined in NAC
				  445A.351 to
				  445A.385, inclusive, have the
				  meanings ascribed to them in those sections.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC 445.242; A by
				  R046-18A,
				  eff. 8/21/2018; A by
				  R046-18AP,
				  eff. 8/30/2018; A by
				  R018-20A,
				  eff. 8/26/2020
NRS
				  445A.425,
				  445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.351 - "Area of review" defined

Current through June 11, 2024
"Area of review" means the area surrounding a facility which
				  is to be evaluated.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24202
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.352 - "As-built drawings" defined

Current through June 11, 2024
"As-built drawings" means engineering drawings which reflect
				  all changes made from original engineering drawings during the construction of
				  a facility so that a representation of the facility as constructed is
				  portrayed.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24204
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.353 - "Beneficiation" defined

Current through June 11, 2024
"Beneficiation" means the dressing or processing of ores
				  for:
1. Regulating the size of a
				desired product;
2. Removing
				unwanted constituents; and
3.
				Improving the quality, purity or assay grade of a desired product.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24206
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.354 - "Best engineering judgment" defined

Current through June 11, 2024
"Best engineering judgment" means that decision by the
				  Department which, after evaluating the available alternatives and levels of
				  technology presented by the applicant, results in an acceptable design for
				  containing contaminants from a facility in order to protect the waters of the
				  State.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24208
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.355 - "Commission" defined

Current through June 11, 2024
"Commission" means the State Environmental Commission.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.2421
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.356 - "Contaminant" defined

Current through June 11, 2024
"Contaminant" has the meaning ascribed to it in NRS
				  NRS
				  445A.325.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24212
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.357 - "Degrade" defined

Current through June 11, 2024
"Degrade" means to alter the physical or chemical properties
				  of or to cause a change in the concentration of any substance in the waters of
				  the State in violation of the standards established pursuant to NAC
				  445A.424.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24214
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.358 - "Department" defined

Current through June 11, 2024
"Department" means the State Department of Conservation and
				  Natural Resources.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24216
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.3585 - "Director" defined

Current through June 11, 2024
"Director" has the meaning ascribed to it in
				  NRS
				  445A.340.
Added to
				  NAC by by
				  R046-18A,
				  eff. 8/30/2018
NRS
				  445A.425,
				  445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.359 - "Facility" defined

Current through June 11, 2024
"Facility" means all portions of a mining operation,
				  including, without limitation, the mine, waste rock piles, ore piles,
				  beneficiation process components, processed ore disposal sites, and all
				  associated buildings and structures. The term does not include any process
				  component or nonprocess component which is not used for mining or mineral
				  production, and has not been used in the past for mining or mineral production
				  as part of an operation which is active as of September 1,
				  1989.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC 445.24218; A
				  by
				  R046-18A,
				  eff. 8/21/2018; A by
				  R046-18AP,
				  eff. 8/30/2018
NRS
				  445A.425,
				  445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.360 - "Fluid management system" defined

Current through June 11, 2024
"Fluid management system" means that portion of a facility
				  which has been constructed to contain or transport process fluids.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.2422
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.361 - "Groundwater" defined

Current through June 11, 2024
"Groundwater" means all subsurface water comprising the zone
				  of saturation, including perched zones of saturation, which could produce
				  usable water.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24222
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.362 - "Liner" defined

Current through June 11, 2024
"Liner" means a continuous layer of man-made or reconstructed
				  natural materials, or a combination thereof which restricts the downward or
				  lateral movement of liquids.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24224
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.363 - "Meteoric waters" defined

Current through June 11, 2024
"Meteoric waters" means any form of precipitation falling
				  from the earth's atmosphere.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24226
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.364 - "Mining" defined

Current through June 11, 2024
"Mining" means the process of extracting ores from the
				  earth.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24228
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.3645 - "Mitigate" or "mitigation" defined

Current through June 11, 2024
"Mitigate" or "mitigation" includes, without
				  limitation:
1. Avoiding the potential
				degradation of waters of the State by taking or not taking a certain action or
				parts of an action;
2. Minimizing
				the degradation or potential degradation of waters of the State by limiting the
				degree or magnitude of an action and its implementation;
3. Reducing or eliminating the degradation or
				potential for degradation of waters of the State by taking corrective action as
				defined in NAC
				445A.2262; or
4. Reducing or eliminating the degradation or
				potential for degradation of waters of the State over time through preservation
				and maintenance over the life of the action.
Added to
				  NAC by Environmental Comm'n by
				  R046-18A,
				  eff. 8/30/2018
NRS
				  445A.425,
				  445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.365 - "Modify materially" defined

Current through June 11, 2024
"Modify materially" means to make:
1. A change in the design or location of a
				process component, or the characteristics of the waste stream which
				significantly alters the potential to degrade the waters of the State;
				or
2. A significant change in the
				environmental monitoring systems which results in a reduction in the
				effectiveness of that monitoring system.
The term does not include changes necessitated during
				  construction to suit field conditions, or changes which do not affect point
				  sources.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.2423
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.366 - "Ore" defined

Current through June 11, 2024
"Ore" means the naturally occurring material from which a
				  metallic mineral of economic value can be extracted.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24232
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.367 - "Permanent closure" defined

Current through June 11, 2024
"Permanent closure" means the time in the life of a facility
				  when activities for the final stabilization, removal or mitigation of sources
				  are undertaken.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC 445.24234; A
				  by
				  R046-18A,
				  eff. 8/21/2018; A by
				  R046-18AP,
				  eff. 8/30/2018
NRS
				  445A.425,
				  445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.368 - "Permit" defined

Current through June 11, 2024
"Permit" means a written document issued pursuant to
				  NRS 445A.300 to
				  445A.730,
				  inclusive, which describes the responsibilities and obligations of the holder
				  of the permit during the construction, operation, temporary or permanent
				  closure, and post-closure monitoring of a facility.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC 445.24236; A
				  by
				  R018-20A,
				  eff. 8/26/2020
NRS
				  445A.425,
				  445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.369 - "Person" defined

Current through June 11, 2024
"Person" has the meaning ascribed to it in NRS
				  NRS
				  445A.390.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24238
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.370

Current through June 11, 2024
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC 445.2424; R
				  by
				  R018-20A,
				  eff. 8/26/2020
NRS
				  445A.425,
				  445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.371 - "Placer mining" defined

Current through June 11, 2024
"Placer mining" means the extraction and processing of ores
				  solely by gravity separation methods.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24242
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.372 - "Point source" defined

Current through June 11, 2024
1. "Point source"
				has the meaning ascribed to it in
				NRS
				445A.395.
2. The term includes wheeled, track,
				stationary or floating equipment used for earth-moving activity from which
				pollutants are or may be discharged.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89; A by R096-01,
				  1-18-2002
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.373 - "Pollutant" defined

Current through June 11, 2024
"Pollutant" has the meaning ascribed to it in NRS
				  NRS
				  445A.400.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24246
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.374 - "Pond" defined

Current through June 11, 2024
"Pond" means a process component which stores, confines or
				  otherwise significantly impedes the horizontal movement of process fluids. The
				  term does not include tailings impoundments, vats, tanks or other nonearthen
				  containers.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24248
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.3745 - "Post-closure monitoring" defined

Current through June 11, 2024
"Post-closure monitoring" means the period of time required
				  for monitoring of a facility following the permanent closure of that
				  facility.
Added to
				  NAC by Environmental Comm'n by
				  R046-18A,
				  eff. 8/30/2018
NRS
				  445A.425,
				  445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.375 - "Process component" defined

Current through June 11, 2024
"Process component" means a distinct portion of a constructed
				  facility which is a point source.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.2425
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.376 - "Process fluid" defined

Current through June 11, 2024
"Process fluid" means any liquids, including meteoric waters,
				  which are intentionally or unintentionally introduced into any portion of the
				  beneficiation process components.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24252
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.377

Current through June 11, 2024
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89; A 9-6-91-Substituted in revision for NAC
				  445.24254; R by
				  R018-20A,
				  eff. 8/26/2020
NRS
				  445A.425,
				  445A.465