reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.378 - "Source" defined

Current through June 11, 2024
"Source" means any building, structure, facility or
				  installation from which there is or may be the discharge of pollutants.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24256
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.379 - "Stabilized" defined

Current through June 11, 2024
"Stabilized" means the condition which results when
				  contaminants in a material are bound or contained so as to prevent them from
				  degrading the waters of the State under the environmental conditions that may
				  reasonably be expected to exist at a site.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24258
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.380 - "Storm event" defined

Current through June 11, 2024
"Storm event" means a precipitation event with a specified
				  frequency of return and specified period of duration as defined in
Precipitation-Frequency Atlas of the Western United States
,
				  vol. VII-Nevada.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.2426
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.381 - "Tailings impoundment" defined

Current through June 11, 2024
"Tailings impoundment" means a process component which is the
				  final depository for processed ore discharged from a mill.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24262
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.382 - "Temporary closure" defined

Current through June 11, 2024
"Temporary closure" means the cessation of the operation of a
				  process component for more than 30 days as a result of a planned or unplanned
				  activity.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24264
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.383 - "WAD cyanide" defined

Current through June 11, 2024
1. "WAD cyanide"
				means the weak acid dissociable cyanide concentration determined by one of the
				following methods:
(a) ASTM D2036-082,
				"Standard Test Methods for Cyanides in Water," Method C, Part 31. A copy of
				ASTM D2036-082 is available for purchase at the IHS Standards Store at the
				Internet address
https://global.ihs.com
, for the price of
				$125.
(b) ASTM D2036-06, "Standard
				Test Methods for Cyanides in Water," Method C, followed by Part
				16.2
				(titrimetric), Part
				16.3
				(colorimetric) or Part
				16.4 (ion-specific electrode). A
				copy of ASTM D2036-06 is available at the IHS Store at the Internet address
https://global.ihs.com
, for the
				price of $96.
(c) ASTM D2036-09,
				"Standard Test Methods for Cyanides in Water," Method C, followed by Part
				16.2
				(titrimetric), Part
				16.3
				(colorimetric) or Part
				16.4 (ion-specific electrode). A
				copy of ASTM D2036-09 is available from ASTM International, P.O. Box C700, 100
				Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959, by telephone at
				(877) 909-2786 or at the Internet address
https://www.astm.org
, for the price of
				$69.
(d) "Standard Methods for the
				Examination of Water and Wastewater," SM 4500-CN-I, followed by SM 4500-CN-D
				(titrimetric), SM 4500-CN-E (colorimetric) or SM 4500-CN-F (cyanide-ion
				selective electrode). A copy of these standards is available from Standard
				Methods at the Internet address
https://standardmethods.org
, for the
				price of $75.
(e) Another version
				or method approved by the Department and scientifically demonstrated to achieve
				performance in determining weak acid dissociable cyanide which is equivalent to
				one of the methods described in paragraphs (a) to (d),
				inclusive.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.3835 - "Waste rock" defined

Current through June 11, 2024
"Waste rock" means a naturally occurring material that is
				  mined as part of the process to reach ore and has minimal or no economic value
				  at the time the material is mined.
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.384 - "Waters of the State" defined

Current through June 11, 2024
"Waters of the State" has the meaning ascribed to it in NRS
				  NRS
				  445A.415.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24268
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.385 - "Zero discharge" defined

Current through June 11, 2024
"Zero discharge" means the standard of performance for the
				  protection of surface waters which requires the containment of all process
				  fluids.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.2427
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.386 - Adoption of publication by reference

Current through June 11, 2024
The Department hereby adopts by reference
Precipitation-Frequency Atlas of the Western United States
,
				  vol. VII-Nevada, stock number 0317-00161, prepared by the National Weather
				  Service and National Oceanic and Atmospheric Administration, United States
				  Department of Commerce. The publication may be obtained 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, at
				  a cost of $8.45.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24272
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › General Provisions › Section 445A.387 - Scope; effect of noncompliance

Current through June 11, 2024
1. NAC
				445A.350 to
				445A.447, inclusive, and section
				1 of this regulation apply to facilities that have the potential to degrade the
				waters of the State. Surface disturbance activities such as stripping and the
				stockpiling of ore, when conducted in a manner which presents an insignificant
				potential to degrade waters of the State are not subject to those sections. NAC
				445A.350 to
				445A.447, inclusive, and section
				1 of this regulation do not apply to facilities involved solely in the mining
				and processing of sand and gravel, cinders, diatomaceous earth, slate, shale,
				gypsum, clay or crushed stone.
2.
				NAC 445A.350 to
				445A.447, inclusive, and section
				1 of this regulation do not replace or in any way affect the responsibility of
				a person to comply with any other regulations and rules of practice and
				procedure administered by the Department or any other governmental
				agency.
3. A permit issued pursuant
				to NAC 445A.350 to
				445A.447, inclusive, and section
				1 of this regulation may be revoked for noncompliance with the provisions of
				NAC 445A.350 to
				445A.447, inclusive, and section
				1 of this regulation in accordance with the procedures established in
				NRS
				445A.600.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC 445.24274; 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.388 - Appeal of action taken by Department

Current through June 11, 2024
Any person aggrieved by an action taken by the Department
				  pursuant to NAC
				  445A.350 to
				  445A.447, inclusive, and section
				  1 of this regulation may appeal to the Commission in accordance with
				  NRS
				  445A.605.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC 445.24276; A
				  by
				  R018-20A,
				  eff. 8/26/2020
NRS
				  445A.425,
				  445A.465,
				  445A.605
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.390 - Permit required; operation under existing permit

Current through June 11, 2024
1. All facilities in existence on September
				1, 1989, must obtain a valid permit within 3 years after September 1,
				1989.
2. After July 1, 1990, no
				person may begin construction of a new process component, or materially modify
				an existing process component, without first obtaining a permit or permit
				modification, or the concurrence of the Department that the construction or
				modification is in conformance with the existing permit.
3. The operator of a process component for
				which a permit has been obtained may continue to operate that process component
				under the conditions of the existing permit. This applies to all process
				components which have been reviewed and approved by the Department but have not
				yet been issued a permit and are either in the process of being constructed or
				are operating in accordance with an approval granted as of September 1, 1989.
				Where detailed plans have not yet been submitted to the Department for a
				process component that has been conceptually approved under either an existing
				permit or approved without an existing permit, the process component must meet
				the regulations in effect when construction of the new process component is
				initiated.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.2428
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.391 - Application for permit: Preliminary meeting with representative of Department

Current through June 11, 2024
Before submitting an application for a permit, a prospective
				  applicant must meet with a representative of the Department to discuss:
1. The proposed location of the
				facility;
2. The operating plans
				for the process components; and
3.
				The physical characteristics of the facility's proposed site as required on the
				application for the permit.
4.
				Whether the prospective applicant will submit any technical documents to the
				Department for preapplication review pursuant to section 1 of this
				regulation.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC 445.24282; A
				  by
				  R018-20A,
				  eff. 8/26/2020
NRS
				  445A.425,
				  445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.3915 - Application for permit: Submission of technical document for preapplication review by Department; fee

Current through June 11, 2024
1. Before
				submitting an application for a permit or major modification of an existing
				permit pursuant to NAC
				445A.394 or an application to
				renew an existing permit pursuant to NAC
				445A.420, a person may submit to
				the Department for preapplication review any technical document that is
				required to be submitted with the application pursuant to NAC
				445A.394 to
				445A.398, inclusive, as
				determined by the Department.
2. If
				a person submits a technical document to the Department for preapplication
				review pursuant to subsection 1, he or she must include with that document:
(a) A statement identifying the submission as
				a request for preapplication review of the document;
(b) The name, location and mailing address of
				the facility, owner, operator and authorized agent;
(c) The name of the owner of the land or
				mining claim or claims on which the facility is or will be located, as
				applicable;
(d) The rate at which
				the facility is or will be chemically processing ore in tons of ore per year,
				as applicable; and
(e) A
				nonrefundable fee of $1,500 for the document, which includes the Department's
				review of any supplemental information or subsequent revisions made to the
				document.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.392 - Application for permit: Construction or modification of process component; abbreviated application

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, a person wishing to construct or modify
				materially a process component at a facility must file an application for a
				permit pursuant to NAC
				445A.394.
2. Persons wishing to construct a placer
				mining facility or other facility which relies solely on physical separation
				methods to process ore may file an abbreviated application for a permit
				pursuant to NAC
				445A.414. The application must
				be accompanied by the appropriate fee as required by NAC
				445A.232.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC 445.24284; 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 › Permits for Facilities › Section 445A.393 - Application for permit: Definition of site conditions, process materials, characteristics of waste and impacts

Current through June 11, 2024
The failure or the inability to define adequately site
				  conditions, process materials and the probable characteristics of the waste in
				  the application for a permit may result in the Department requiring a higher
				  standard of engineered containment or monitoring, or both. Persons wishing to
				  materially modify a facility must submit all information necessary to define
				  and describe the probable impacts of the modification or new process components
				  on the area of review.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24286
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.394 - Application for permit: Submission; contents

Current through June 11, 2024
1. To
				obtain a permit to construct, operate and close permanently a facility, the
				owner or operator of the proposed facility or the designated agent of the owner
				or operator must submit to the Department a written application signed by the
				owner or, if the owner does not operate the facility, the operator of the
				facility or his or her designated agent. The application must be accompanied by
				the appropriate fee established pursuant to NAC 445A.232.
2. An application for a permit must contain:
(a) The name, location and mailing address of
				the:
(1) Facility.
(2) Owner.
(3) Operator.
(4) Authorized agent.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.395 - Contents of application: Assessment of area of review

Current through June 11, 2024
1. An assessment of the area of review must
				include:
(a) Hydrogeological and lithological
				information which defines the subsurface conditions of the site beneath and
				adjacent to all point sources to a minimum depth of 100 feet.
(b) A geological map covering the area within
				a 1-mile radius of the process components.
(c) A topographic map which identifies:
(1) All known surface waterways, streams,
				springs and seeps within a 1-mile radius of the facility;
(2) All existing habitable buildings within a
				1-mile radius of the facility;
(3)
				The boundaries and area of the upgradient watershed and the degree to which the
				100-year, 24-hour storm event will affect the process components; and
(4) All wells constructed for supplies of
				drinking water within 5 miles downgradient of the site identified in the
				records of the Division of Water Resources of the Department or known to the
				applicant.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.396 - Contents of application: Meteorological report; analysis of samples

Current through June 11, 2024
An application for a permit must include:
1. A summary of the historical monthly
				averages of rainfall obtained from the nearest recording station to the site
				adjusted for conditions at the site;
2. The 24-hour storm events with an interval
				of recurrence of 10 years, 25 years, 100 years and 500 years;
3. The diurnal temperature variation from the
				nearest recording station to the site adjusted for conditions at the
				site;
4. Results from testing
				samples from the facility's mine site which are representative of the
				overburden, waste rock and ore at the proposed mine site that have
				characterized and evaluated the samples for their potential to release
				pollutants using the following analytical procedures:
(a) A meteoric water mobility procedure and
				Profile I analysis conducted using ASTM E2242-13, "Standard Test Method for
				Column Percolation Extraction of Mine Rock by the Meteoric Water Mobility
				Procedure," available from ASTM International, P.O. Box C700, 100 Barr Harbor
				Drive, West Conshohocken, Pennsylvania 19428-2959, by telephone at (877)
				909-2786 or at the Internet address
https://www.astm.org
, for the price of $50,
				or the most recently promulgated version thereof that is approved in writing by
				the Department and scientifically demonstrated as achieving equivalent
				performance to the ASTM E2242-13 method in determining Profile I constituent
				concentrations; and
(b) The Nevada
				Modified Sobek Procedure, available from the State Department of Conservation
				and Natural Resources, 901 South Stewart Street, Carson City, Nevada 89701 or
				at the Internet website of the Division of Environmental Protection of the
				Department; and
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.397 - Contents of application: Engineering design report; specifications for fluid management system

Current through June 11, 2024
1. An engineering
				design report must be prepared and submitted to the Department by a
				professional engineer registered in Nevada. The report must include the
				following information, if applicable:
(a)
				Engineering plans for the process components used for beneficiation;
(b) The general specifications and
				calculations for the process components;
(c) Topographic maps showing the location of
				all potential sources at the facility including, but not limited to:
(1) The extraction sites;
(2) The process components used for
				beneficiation;
(3) The disposal
				sites for waste rock; and
(4) The
				disposal sites for spent ore;
(d) Drawings which indicate the layout of the
				structures and devices for controlling process fluids;
(e) Methods for the control of storm flow
				runoff;
(f) The existing geological
				and hydrogeological conditions beneath and adjacent to the site of the fluid
				management system and waste rock disposal sites and the degree to which these
				conditions provide natural containment, preferential flow pathways and
				structural stability;
(g) A
				description of the liner material and installation procedures for all leach
				pads, ponds and ditches, including a description of the subbase
				preparation;
(h) Details of leak
				detection and site-monitoring systems; and
(i) Process schematics of the
				facility.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.398 - Contents of application: Proposed operating plans

Current through June 11, 2024
The proposed operating plans for a facility must
				  include:
1. A description of the
				mineral processing circuit which includes a flow chart of the facility and the
				range of operating conditions for which the process components were
				designed.
2. A plan for the
				management of process fluids which describes the methods to be used for the
				monitoring and controlling of all process fluids. The plan must provide a
				description of the means to evaluate the conditions in the fluid management
				system so as to be able to quantify the available storage capacity for meteoric
				waters and to define when and to what extent the designed containment capacity
				has been exceeded.
3. A plan for
				monitoring the facility which describes:
(a)
				The water quality in the area;
(b)
				The monitoring locations the applicant proposes to sample routinely in order to
				evaluate surface and groundwater at the site that may be affected by the
				operation of the facility;
(c) An
				analytical profile of each surface and groundwater that may be affected by the
				operation of the facility; and
(d)
				The locations of the leak detection systems, the frequency for sampling these
				systems and the analytical profile to be used for evaluation of the
				samples.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.399 - Preparation of plan for seasonal closure of process components

Current through June 11, 2024
If the facility is located in an area where the mean diurnal
				  temperature does not exceed 0 degrees Centigrade for 30 days or more a plan for
				  the seasonal closure of the process components must be prepared. The plan must
				  describe:
1. The impact this change in
				the weather will have on the process components, including, but not limited to,
				a discussion of the possible closure of individual process
				components;
2. Those activities
				which must be undertaken to prepare those process components which may be
				potentially affected by the low temperatures;
3. The activities which will be maintained
				during this time of closure; and
4.
				The conditions that would allow operations to resume.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24298
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.400 - Initial review of application and notification of applicant; failure to provide information; submission of incorrect information

Current through June 11, 2024
1. The Department shall, within 30 days after
				receiving an application for a permit, notify the applicant in writing:
(a) That the application is procedurally
				complete or specify any deficiencies; and
(b) Which nonfluid management system sources
				will not initially be considered as process components for the purposes of NAC
				445A.350 to 445A.447, inclusive.
This review is solely to determine if all the information
				  required by NAC 445A.394 to 445A.398, inclusive, has been submitted and is not
				  a determination as to the adequacy of the information.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.401 - Action by Department upon application

Current through June 11, 2024
1. After
				determining that an application is procedurally complete, the Department shall,
				within 90 days, determine whether the application is technically complete, and
				prepare and issue:
(a) A draft permit or a
				notice of intent to deny the application;
(b) A fact sheet which:
(1) Identifies the location of the
				facility;
(2) Describes the
				proposed sources;
(3) Provides a
				description of the facility and monitoring systems;
(4) Identifies the probable receiving water;
				and
(5) Describes the procedures
				for public comment; and
(c) A public notice for each draft permit or
				intent to deny an application for a permit to construct, operate and close a
				mining and beneficiation facility.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.402 - Notice of intent to issue permit or deny application

Current through June 11, 2024
1. The Department shall, at least 30 days
				before the issuance of a permit or denial of an application:
(a) Provide public notice in a manner
				intended to inform interested and potentially interested persons.
(b) Publish notice of the Director's intent
				to issue the permit or deny the application on an Internet website designed to
				give general public notice.
(c)
				Mail to the applicant and the landowner, if other than the applicant, members
				of the board of county commissioners of the county in which the facility is to
				be located, the Division of Minerals of the Commission on Mineral Resources,
				the Division of Water Resources of the Department, and any other person or
				group who so requests, written notice of the intent to issue a permit or deny
				the application.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.403 - Request for hearing on application; submission of comments on draft permit

Current through June 11, 2024
The applicant or any interested person may:
1. Request a public hearing on any
				application for a permit during the 30 days allowed for public comment if a
				hearing has not been scheduled. The request must be in writing and state the
				nature of the issues to be raised at the hearing.
2. Submit written comments on the draft
				permit to the Department within 30 days after notice is given pursuant to NAC
				445A.402.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24306
NRS
					 445A.425,
					 445A.465,
					 445A.595
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.404 - Scheduling of public hearing on application

Current through June 11, 2024
The Department:
1.
				Shall schedule a public hearing on an application for a permit if it determines
				that there is a significant degree of public interest in the matter;
				or
2. May schedule a public hearing
				on its own initiative.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24308
NRS
					 445A.425,
					 445A.465,
					 445A.595
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.405 - Notice of hearing: Publication; contents

Current through June 11, 2024
The Department shall cause to be published a notice for a
				  hearing at least 30 days before the hearing in the manner prescribed by NAC
				  445A.402. In addition to the information required by NAC 445A.402, the notice
				  must include:
1. The date on which the
				previous public notice was given concerning the permit pursuant to NAC
				445A.402;
2. The date, time and
				place of the hearing; and
3. A
				brief description of the nature and purpose of the hearing and the applicable
				rules and procedures.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.2431
NRS
					 445A.425,
					 445A.465,
					 445A.595
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.406 - Submission of testimony at hearing

Current through June 11, 2024
1. Any person may
				submit to the Department at a public hearing held by the Department on the
				application for a permit, an oral or written statement or other information
				which relates to the draft of the permit.
2. The Department may:
(a) Set reasonable limits upon the time
				allowed for oral statements; and
(b) Require persons submitting oral
				statements to submit statements in writing.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.407 - Issuance of statement responding to comments on draft permit

Current through June 11, 2024
If a final permit is issued, the Department shall issue a
				  statement responding to the comments received on the matter. A copy of the
				  statement must be sent to the applicant and persons submitting comments, and
				  will be made available for inspection by the public. This statement
				  must:
1. Specify which provisions, if
				any, in the draft of the permit that have been changed in the final permit, and
				the reasons for the change;
2.
				Briefly describe and respond to all significant comments submitted during the
				time established for public comment on the draft of the permit; and
3. Provide that any person aggrieved by the
				Department's decision may appeal the decision pursuant to
				NRS
				445A.605.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24314
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.408 - Action by Director of Department after period for public comment

Current through June 11, 2024
Within 15 days after the end of the time for public comment
				  regarding the issuance or renewal of a permit, the Director shall issue the
				  final permit or provide written notice to the applicant why the final permit
				  will not be issued at that time. This notice must set forth the time allowed
				  for an aggrieved party to appeal the Department's decision.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC 445.24316; 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 › Permits for Facilities › Section 445A.409 - Issuance and maintenance of permit; maximum term and renewal of permit

Current through June 11, 2024
1. If an application is approved, a single
				permit must be issued for the construction, operation and closure of the
				facility. A valid permit must be maintained until the time required for
				post-closure monitoring pursuant to NAC
				445A.446 is completed, as
				determined by the Department, and the Department has terminated the
				permit.
2. A permit may be issued
				for a maximum term of 5 years, at which time the holder of the permit may apply
				for renewal.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC 445.24318; A
				  by
				  R046-18A,
				  eff. 8/21/2018; A by
				  R046-18AP,
				  eff. 8/30/2018
NRS
				  445A.425,
				  445A.465,
				  445A.495
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.410

Current through June 11, 2024
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC 445.2432; R
				  by
				  R018-20A,
				  eff. 8/26/2020
NRS
				  445A.425,
				  445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.411 - Pilot facility or testing facility: Conditions for issuance of permit (Repealed)

Current through June 11, 2024
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC 445.24322; R
				  by
				  R046-18A,
				  eff. 8/21/2018; R
				  by
				  R046-18AP,
				  eff. 8/30/2018
NRS
				  445A.425,
				  445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.412 - Pilot facility or testing facility: Contents of application for permit (Repealed)

Current through June 11, 2024
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC 445.24324; R
				  by
				  R046-18A,
				  eff. 8/21/2018; R
				  by
				  R046-18AP,
				  eff. 8/30/2018
NRS
				  445A.425,
				  445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.413 - Pilot facility or testing facility: Construction of application indicating need to conduct testing beyond 2 years (Repealed)

Current through June 11, 2024
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC 445.24326; R
				  by
				  R046-18A,
				  eff. 8/21/2018; R
				  by
				  R046-18AP,
				  eff. 8/30/2018
NRS
				  445A.425,
				  445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.414 - Permit for facility using physical separation methods

Current through June 11, 2024
1. An applicant for a permit to construct,
				operate and close permanently a facility which utilizes physical separation
				methods of concentrating ore such as placer mining methods and which uses only
				coagulants and flocculants submitted to and approved by the Department, must
				submit to the Department:
(a) The information
				required by paragraphs (a) to (e), inclusive, of subsection 2 of NAC
				445A.394.
(b) An abbreviated area of review which
				covers only the site and the adjacent area, including an identification of all
				surface water within 1/2 mile of the site and the depth and quality of all
				groundwater beneath the site .
(c)
				A draft operating plan which describes the circuit for concentrating the ores
				and identifies all process components .
(d) Except as otherwise provided in this
				paragraph, a meteoric water mobility procedure and Profile I analysis conducted
				using ASTM E2242-13, "Standard Test Method for Column Percolation Extraction of
				Mine Rock by the Meteoric Water Mobility Procedure," available from ASTM
				International, P.O. Box C700, 100 Barr Harbor Drive, West Conshohocken,
				Pennsylvania 19428-2959, by telephone at (877) 909-2786 or at the Internet
				address
http://www.astm.org
, for the
				price of $46, or the most recently promulgated version thereof that is approved
				in writing by the Department and scientifically demonstrated as achieving
				equivalent performance to the ASTM E2242-13 method in determining Profile I
				constituent concentrations or another approved method of analysis which
				characterizes the ore body . Unless otherwise required by the Department based
				on specific concerns regarding the potential to degrade the waters of the
				State, such an analysis is not required for a facility that will process only
				uncrushed alluvium.
(e) The results
				of an analysis of the process make up water and process water for the inorganic
				constituents listed in NAC
				445A.453 and
				445A.455 to determine which and
				to what extent the process water burden of these elements is increased
				.
(f) A certification that the
				applicant will not utilize any chemicals in the process except those submitted
				to and approved by the Department.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.415 - Granting of permit which allows lower level of engineered containment than required by minimum design criteria

Current through June 11, 2024
After receiving a petition from an applicant, the Department
				  may grant a permit which allows a lower level of engineered containment than is
				  required in NAC 445A.434 to 445A.438, inclusive, if the applicant clearly
				  demonstrates:
1. That the groundwater
				at the facility is exempted from the standards established in paragraphs (b)
				and (c) of subsection 1 of NAC 445A.424;
2. The following:
(a) The depth from the surface to groundwater
				is greater than 200 feet and the upper portion of the existing geologic
				formation has a coefficient of permeability which is not more than that
				exhibited by 50 feet of material with a coefficient of permeability of 1x10-6
				cm/sec;
(b) No open fractured or
				faulted geologic conditions exist from the surface to the groundwater;
				and
(c) All exploratory and
				condemnation borings beneath the site have been adequately sealed; or
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.4155 - Conditions pursuant to which modification to design of facility with existing permit does not require new public notice; extension of term of existing permit disallowed

Current through June 11, 2024
1. A modification
				to the engineering design of a facility for which a permit has been granted by
				the Department does not require a new public notice if:
(a) The modification to the engineering
				design requires review by the Department pursuant to NAC
				445A.350 to
				445A.447, inclusive, and section
				1 of this regulation; and
(b) The
				Department determines that the modification to the engineering design is not a
				modification of such significance as to constitute a "minor modification" or a
				"major modification," as those terms are described in NAC
				445A.416 and
				445A.417,
				respectively.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.416 - Minor modification of existing permit; modification of operating plans

Current through June 11, 2024
1. A minor
				modification to an existing permit does not require a new public
				notice.
2. A minor modification to
				an existing permit may not extend the term of the permit.
3. A modification to the operating plans does
				not require a modification to the permit if the change will not result in an
				increased potential for the facility to degrade waters of the State.
4. For the purposes of this section, "minor
				modifications" include, but are not limited to:
(a) The phased expansion of the milling and
				tailings impoundment or the leach pads using the same or equivalent
				technologies that presently exist at a site which was adequately characterized
				in the original application but for which detailed design plans were not
				submitted in the original application.
(b) A significant modification to a
				monitoring system which does not result in a lessening of the effectiveness of
				that system.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.417 - Major modification of existing permit

Current through June 11, 2024
1. A
				major modification to an existing permit requires a public notice.
2. A major modification to an existing permit
				may extend the term of the permit for not more than 5 years.
3. For the purposes of this section, "major
				modifications" include:
(a) The addition of a
				new beneficiation process which includes, but is not limited to, heap leaching
				and process components for milling, which was not identified in the original
				application.
(b) A significant
				change in the location of a proposed process component or site condition which
				was not adequately described in the original application.
(c) A change in the proposed beneficiation
				process that significantly alters the characteristics of the waste stream which
				significantly increases the potential to degrade the waters of the
				State.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.418 - Fee for modification of permit

Current through June 11, 2024
1. The fee for a
				minor modification to a permit described in NAC 445A416 is one-half the amount
				of the renewal fee for a permit, up to a maximum fee of $5,000.
2. The fee for a major modification to a
				permit described in NAC
				445A.417 is equal to the amount
				of the renewal fee for a permit.
3.
				The fee for a modification to the engineering design described in NAC
				445A.4155 is $500.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89; A 10-29-97; A by
				  R046-18A,
				  eff. 8/21/2018; A by
				  R046-18AP,
				  eff. 8/30/2018
NRS
				  445A.425,
				  445A.430,
				  445A.465.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.419 - Transfer of permit to new owner or operator

Current through June 11, 2024
1. A
				permit may be transferred to a new owner or operator.
2. Before the ownership or operation of a
				facility may be transferred during the term of a permit, the holder of the
				permit must inform the new owner or operator in writing of the requirements of
				the current permit and the requirements of NAC 445A.350 to 445A.447,
				inclusive.
3. A copy of that
				written notice must be sent to the Department.
4. The new owner or operator must state in
				writing to the Department that he or she will comply with the existing
				operating plans or provide revised plans to the Department for review and
				approval.
5. Until notice is given
				by the Department that the permit has been transferred, the current operator or
				owner named on the permit is responsible for complying with NAC 445A.350 to
				445A.447, inclusive.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24338
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Permits for Facilities › Section 445A.420 - Renewal of permit; operation of facility pending issuance of new permit

Current through June 11, 2024
1. A permit may be renewed by the Department
				if the holder of the permit submits an application to renew the permit. The
				application must:
(a) Be filed at least 120
				days before the expiration of the existing permit;
(b) Include the renewal fee required by NAC
				445A.232;
(c) The name, location and mailing address of
				the facility, owner, operator and authorized agent;
(d) The legal structure of the applicant,
				including, without limitation, whether the applicant is a sole proprietorship,
				partnership or corporation;
(e) The
				name of the owner of the land or mining claim or claims on which the facility
				is located;
(f) Documentation that
				notice of the development has been provided to the local board of county
				commissioners;
(g) The rate at
				which the facility chemically processes ore in tons of ore per year;
				and
(h) Include any new information
				to update information previously submitted to the Department, including,
				without limitation, any information previously submitted to the Department
				pursuant to this section or NAC
				445A.394,
				445A.414 or
				445A.427.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.424 - Limitations on degradation of water; exemptions

Current through June 11, 2024
1. A
				facility, regardless of size or type, may not degrade the waters of the State
				to the extent that:
(a) The quality of surface
				water is lowered below that allowed by
				NRS
				445A.565.
(b) For groundwater:
(1) The concentration of a constituent
				exceeds the greater of:
(I) A state or federal
				regulation prescribing standards for drinking water; or
(II) The natural background concentration of
				the regulated drinking water constituent; or
(2) The concentration of WAD cyanide exceeds
				0.2 mg/L.
The Department may establish a numerical limit for any
				  constituent not regulated by subparagraphs (1) and (2) which may reasonably be
				  expected to be discharged by the facility in sufficient volume and
				  concentration to cause an adverse impact on human health.
(c) The quality of those waters of
				the State which already exceed the criteria established by subsection 2 is
				lowered to a level that the Department finds would render those waters
				unsuitable for the existing or potential municipal, industrial, domestic or
				agricultural use.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.425 - Process components in existence on September 1, 1989: Standards; additional monitoring

Current through June 11, 2024
1. A process
				component in existence on September 1, 1989, is not required to meet more
				stringent engineering containment standards during the design life of that
				component if the applicant can demonstrate that:
(a) The process component meets and will
				continue to meet its design criteria; and
(b) There have been no significant changes in
				the characteristics of the material to be contained by the process component
				which would increase the potential to degrade the waters of the
				State.
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.426 - Notice of intent to commence active operation of process component

Current through June 11, 2024
At least 30 days before the introduction of process solutions
				  into a new process component or an existing process component which has been
				  materially modified, the holder of the permit must notify the Department of the
				  intent to commence active operation of that process component.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC
				  445.24346
NRS
					 445A.425,
					 445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.427 - Duties of holder of permit upon construction or modification of process component

Current through June 11, 2024
Within 30 days after completing construction on a new process
				  component or monitoring system specified in the permit or materially modifying
				  an existing process component or monitoring system specified in the permit, the
				  holder of the permit shall submit a report to the Department for review and
				  approval which must include, without limitation:
1. As-built drawings of the process component
				or monitoring system specified in the permit and identification of any
				deviations from the previously approved design;
2. A summary of the quality assurance and
				quality control procedures which were carried out during construction and the
				associated test results;
3. The
				final operating plans required by NAC
				445A.398 which have been revised
				to reflect modifications made during construction, including, without
				limitation, any necessary updates to the tentative plan for permanent closure
				of the facility; and
4. The
				locations of all monitoring points set forth in the permit, which must be
				expressed in meters and decimals of meters, using the Nevada Coordinate System
				of 1983 in accordance with the requirements of chapter 327 of NRS.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC 445.24348; A
				  by
				  R018-20A,
				  eff. 8/26/2020
NRS
				  445A.425,
				  445A.465
Nevada Administrative Code › Chapter 445A - Water Controls › MINING FACILITIES › Operation and Design of Facilities › Section 445A.428 - Level of containment required for placer mining or flotation facilities

Current through June 11, 2024
For placer mining facilities, the level of containment
				  required by the Department for process fluids will depend upon the
				  characteristics of the ore and process water.
Added to NAC by
				  Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC 445.2435; A
				  by
				  R046-18A,
				  eff. 8/21/2018; A by
				  R046-18AP,
				  eff. 8/30/2018
NRS
				  445A.425,
				  445A.465