CHAPTER 444 - SANITATION

NAC 444.8396 Pressure distribution system: Design criteria. (NRS 439.200, 444.650) 1. A pump must be used to pressurize a pressure distribution system. A siphon may be used in lieu of a pump if adequate elevation head is available. The active dosing volume must be approximately 1…

NAC 444.842 Definitions. (NRS 459.485) As used in NAC 444.842 to 444.8482, inclusive, unless the context otherwise requires, the words and terms defined in NAC 444.8422 to 444.8444, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Environmental Co…

NAC 444.8422 “Administrator” defined. (NRS 459.485) “Administrator” means the Administrator of the Division. (Added to NAC by Environmental Comm’n, eff. 7-22-87)

NAC 444.84225 “Class 3 modification” defined. (NRS 459.485) “Class 3 modification” has the meaning ascribed to it in Appendix I of 40 C.F.R. § 270.42, as adopted by reference in NAC 444.8632. (Added to NAC by Environmental Comm’n, eff. 3-1-94; A by R126-03, 4-13-2004)

NAC 444.8423 “Commission” defined. (NRS 459.485) “Commission” means the State Environmental Commission. (Added to NAC by Environmental Comm’n, eff. 4-18-90)

NAC 444.84235 “Delisted waste” defined. (NRS 459.485, 459.490) “Delisted waste” means waste that the EPA removed from the list of hazardous wastes located in 40 C.F.R. Part 261, Subpart D, as adopted by reference in NAC 444.8632, as a result of a successful petition for a regulat…

NAC 444.8424 “Disposal” defined. (NRS 459.485) “Disposal” has the meaning ascribed to it in NRS 459.425. (Added to NAC by Environmental Comm’n, eff. 7-22-87)

NAC 444.8426 “Division” defined. (NRS 459.485) “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (Added to NAC by Environmental Comm’n, eff. 7-22-87)

NAC 444.8427 “Facility for community recycling” defined. (NRS 459.485, 459.490) “Facility for community recycling” means a facility for recycling hazardous waste which has a yearly capacity that is not more than twice the amount of the type of hazardous waste proposed to be recyc…

NAC 444.84275 “Facility for community storage” defined. (NRS 459.485, 459.490) “Facility for community storage” means a facility for the storage and consolidation of hazardous waste which has a yearly capacity that is not more than twice the amount of hazardous waste that is gene…

NAC 444.8428 “Facility for the management of hazardous waste” defined. (NRS 459.485) “Facility for the management of hazardous waste” includes the contiguous land, any structures, other appurtenances or improvements on the land and any mobile units for the treatment of hazardous …

NAC 444.84285 “Facility for the recycling of hazardous waste” defined. (NRS 459.485) “Facility for the recycling of hazardous waste” includes the contiguous land and any structures, other appurtenances or improvements on the land which are used for the recycling of hazardous wast…

NAC 444.843 “Hazardous waste” defined. (NRS 459.485, 459.490) 1. “Hazardous waste” has the meaning ascribed to it in NRS 459.430. 2. The term includes any: (a) Hazardous waste or constituent of hazardous waste which is subject to regulation under 40 C.F.R. Part 261, as adopted by…

NAC 444.8432 “Management of hazardous waste” defined. (NRS 459.485) “Management of hazardous waste” has the meaning ascribed to it in NRS 459.435 and includes, but is not limited to, the open burning of hazardous waste, open detonation of hazardous waste, and incineration of haza…

NAC 444.8433 “Mobile unit for the recycling of hazardous waste” defined. (NRS 459.485) “Mobile unit for the recycling of hazardous waste” means any transportable equipment which is used to perform recycling of a hazardous waste and is not permanently stationed at a single facilit…

NAC 444.84335 “New or expanding facility for the management of hazardous waste” defined. (NRS 459.485, 459.490) “New or expanding facility for the management of hazardous waste” means a facility for the management of hazardous waste: 1. For which a permit is required pursuant to …

NAC 444.8434 “Person” defined. (NRS 459.485) “Person” has the meaning ascribed to it in NRS 459.445. (Added to NAC by Environmental Comm’n, eff. 7-22-87)

NAC 444.8436 “Polychlorinated biphenyl” defined. (NRS 459.485) “Polychlorinated biphenyl” has the meaning ascribed to it in NAC 444.9435. (Added to NAC by Environmental Comm’n, eff. 7-22-87)

NAC 444.8437 “Recycling” defined. (NRS 459.485) “Recycling” means any process which uses hazardous waste to produce products or energy or to recover materials. (Added to NAC by Environmental Comm’n, eff. 4-18-90)

NAC 444.84375 “Remediation waste” defined. (NRS 459.485, 459.490) “Remediation waste” has the meaning ascribed to it in 40 C.F.R. § 260.10, as adopted by reference in NAC 444.8632. (Added to NAC by Environmental Comm’n by R208-03, eff. 4-16-2004; A by R091-16, 11-2-2016)

NAC 444.8438 “Storage” defined. (NRS 459.485) “Storage” has the meaning ascribed to it in NRS 459.450. (Added to NAC by Environmental Comm’n, eff. 7-22-87)

NAC 444.8442 “Treatment” defined. (NRS 459.485) “Treatment” has the meaning ascribed to it in NRS 459.455. (Added to NAC by Environmental Comm’n, eff. 7-22-87)

NAC 444.8444 “Waste containing polychlorinated biphenyl” defined. (NRS 459.485) “Waste containing polychlorinated biphenyl” has the meaning ascribed to it in NAC 444.945. (Added to NAC by Environmental Comm’n, eff. 7-22-87)

NAC 444.8446 Fee for processing and review of certain applications: Payment; amount; deposit; return of excess. (NRS 459.485, 459.500, 459.520) 1. Except as otherwise provided in subsection 4, the: (a) Owner or operator of a facility for the management of hazardous waste, for whi…

NAC 444.8447 Fees for emergency permit; waiver. (NRS 459.485, 459.490, 459.500, 459.520) 1. Except as otherwise provided in subsection 2, an owner or operator of a facility for the management of hazardous waste who applies for an emergency permit pursuant to 40 C.F.R. § 270.61, a…

NAC 444.8448 Fees for modification or renewal and reissuance of existing permit. (NRS 459.485, 459.500, 459.520) 1. An owner or operator of a facility for the management of hazardous waste who applies for a modification or a renewal and reissuance of an existing permit issued by …

NAC 444.845 Annual permit fee; penalty for unpaid fee. (NRS 459.485, 459.490, 459.500) 1. The owner or operator of a facility for the management of hazardous waste shall, on or before March 1 of each year, pay the following annual permit fee to the Division to offset partially th…

NAC 444.8452 Additional fees to offset cost of inspection and other regulation: Payment; quarterly calculation and accounting; penalty for unpaid fee; waiver. (NRS 459.485, 459.490, 459.500, 459.510) 1. The owner or operator of a facility for the management of hazardous waste sha…

NAC 444.8454 Deposit of fees. (NRS 459.485, 459.500, 459.510) The Division shall deposit the fees and penalties it collects pursuant to NAC 444.8446 to 444.8452, inclusive, with the State Treasurer for credit to the Account for the Management of Hazardous Waste. (Added to NAC by …

NAC 444.8455 Facility or mobile unit for recycling of hazardous waste: Preliminary requirements; exemption. (NRS 459.485, 459.490) 1. Except as otherwise provided in subsection 4, a person who proposes to construct or operate a facility for the recycling of hazardous waste must o…

NAC 444.84555 Facility or mobile unit for recycling of hazardous waste: Contents of application; written determination by Administrator; public notice and comment; revocation, suspension or modification of written determination; request for hearing. (NRS 459.485, 459.490) 1. An a…

NAC 444.8456 Stationary new or expanding facility for management of hazardous waste: Restrictions on location; exempt facilities. (NRS 459.485, 459.490) 1. A stationary new or expanding facility for the management of hazardous waste must not be constructed within: (a) One mile of…

NAC 444.8458 Stationary new or expanding facility for management of hazardous waste: Certificate of designation; prerequisite for permit; contents of application; issuance; exempt facilities. (NRS 459.485, 459.490, 459.520) 1. A person who proposes to construct or operate a new o…

NAC 444.846 Fee for volume of hazardous waste received by facility for the management of hazardous waste owned by State: Amount; payment; penalty; disposition. (NRS 459.485, 459.510) 1. The operator of a facility for the management of hazardous waste that is owned by the State of…

NAC 444.847 Submission of application. (NRS 459.485, 459.548) Any person seeking a variance from the provisions of NAC 444.842 to 444.8482, inclusive, must submit an application for the variance to the Secretary of the Commission. (Added to NAC by Environmental Comm’n, eff. 4-18-…

NAC 444.8472 Contents of application. (NRS 459.485, 459.548) An application for a variance must: 1. Be accompanied by: (a) The maximum fee prescribed by subsection 2 of NAC 444.8474; (b) A map showing: (1) The site of the facility or proposed facility; and (2) The location of any…

NAC 444.8474 Fee for review of application: Amount; return of excess. (NRS 459.485, 459.548) 1. An applicant for a variance shall pay: (a) A fee of $50 per hour for each hour spent by the staff of the Division to review the application; and (b) The actual cost of travel, per diem…

NAC 444.8476 Initial review of application; recommendation to Commission. (NRS 459.485, 459.548) Upon the filing of an application for a variance, the Division shall review the application and accompanying materials and make a recommendation to the Commission for approval or disa…

NAC 444.8478 Public comment and hearing on application; statement of reasons for denial. (NRS 459.485, 459.548) 1. Before an application is heard, the Commission will provide for a period of public notice and comment of not less than 30 days. After the expiration of that period, …

NAC 444.848 Duration of variance; revocation; annual review. (NRS 459.485, 459.546, 459.548) 1. The duration of a variance will be established by the Commission in each case, but in no event does a variance continue in force after the expiration of any permit issued by the Divisi…

NAC 444.8482 Renewal of variance. (NRS 459.485, 459.547, 459.548) 1. A variance must be renewed before the renewal of any permit issued by the Division for the facility involved. 2. An application to renew a variance is subject to all the provisions of NAC 444.847 to 444.8482, in…

NAC 444.850 Definitions. (NRS 459.485, 459.490) As used in NAC 444.850 to 444.8746, inclusive, unless the context otherwise requires: 1. The words and terms defined in NAC 444.8505 to 444.8616, inclusive, have the meanings ascribed to them in those sections. 2. Except for the wor…

NAC 444.8505 “Administrator” defined. (NRS 459.485) “Administrator” means the Regional Administrator of the United States Environmental Protection Agency. (Added to NAC by Environmental Comm’n, eff. 11-22-82)

NAC 444.8508 “Commission” defined. (NRS 459.485) “Commission” means the State Environmental Commission. (Added to NAC by Environmental Comm’n, eff. 5-27-92)

NAC 444.851 “Department” defined. (NRS 459.485) “Department” means the State Department of Conservation and Natural Resources. (Added to NAC by Environmental Comm’n, eff. 11-22-82)

NAC 444.8515 “Director” defined. (NRS 459.485) “Director” means the Director of the Department. (Added to NAC by Environmental Comm’n, eff. 11-22-82)

NAC 444.853 “Division” defined. (NRS 459.485) “Division” means the Division of Environmental Protection. (Added to NAC by Environmental Comm’n, eff. 11-22-82)