CHAPTER 445A - WATER CONTROLS

NAC 445A.67537 “Mitigation” defined. (NRS 445A.270) “Mitigation” includes, without limitation: 1. Avoiding an environmental impact by not taking certain action; 2. Minimizing an environmental impact by limiting the degree or magnitude of an action and its implementation; 3. Recti…

NAC 445A.67538 “Noncommunity water system” defined. (NRS 445A.270) “Noncommunity water system” has the meaning ascribed to it in NRS 445A.828. (Added to NAC by Bd. of Health by R067-98, eff. 7-23-98; A by Environmental Comm’n by R109-22, 12-29-2022)

NAC 445A.67539 “Nonprofit” defined. (NRS 445A.270) “Nonprofit” means that a public water system is legally organized to return no profit to its owners or members and has a federal identification number for tax-exempt status. (Added to NAC by Bd. of Health by R067-98, eff. 7-23-98…

NAC 445A.6754 “Nontransient water system” defined. (NRS 445A.270) “Nontransient water system” has the meaning ascribed to it in NRS 445A.829. (Added to NAC by Bd. of Health by R067-98, eff. 7-23-98; A by Environmental Comm’n by R109-22, 12-29-2022)

NAC 445A.67541 “Operation” defined. (NRS 445A.270) “Operation” means the management and control of the individual processes and equipment that comprise a public water system. The term includes, without limitation, financial management, the management of personnel and records, lab…

NAC 445A.67542 “Operation and maintenance” defined. (NRS 445A.270) “Operation and maintenance” means activities that are required to ensure the dependable and economical functioning of a water system. (Added to NAC by Bd. of Health by R067-98, eff. 7-23-98)

NAC 445A.67543 “Operator” defined. (NRS 445A.270) “Operator” has the meaning ascribed to it in NRS 445A.830. (Added to NAC by Bd. of Health by R067-98, eff. 7-23-98)

NAC 445A.675435 “Principal forgiveness loan” defined. (NRS 445A.270) “Principal forgiveness loan” means a loan to a recipient on which interest does not accrue or the recipient is not required to repay the principal amount of the loan. (Added to NAC by Environmental Comm’n by R10…

NAC 445A.67544 “Priority list” defined. (NRS 445A.270) “Priority list” means a list that the Division prepares annually which sets forth the order in which the Division will make financial assistance from the Account for the Revolving Fund available to potential water projects. (…

NAC 445A.67545 “Process of environmental review” defined. (NRS 445A.270) “Process of environmental review” means the development and evaluation of environmental information concerning a water project that enables the Division, pursuant to NAC 445A.675793 to 445A.67612, inclusive,…

NAC 445A.67546 “Professional engineer” defined. (NRS 445A.270) “Professional engineer” has the meaning ascribed to it in NRS 625.060. (Added to NAC by Bd. of Health by R067-98, eff. 7-23-98)

NAC 445A.67547 “Public water system” defined. (NRS 445A.270) “Public water system” has the meaning ascribed to it in NRS 445A.235. (Added to NAC by Bd. of Health by R067-98, eff. 7-23-98)

NAC 445A.67548 “Recipient” defined. (NRS 445A.270) “Recipient” means a public water system that has executed a contract for a loan with the Division to receive a loan or other financial assistance from the Account for the Revolving Fund or the Account for Set-Aside Programs. (Add…

NAC 445A.67549 “Replacement” defined. (NRS 445A.270) “Replacement” means the obtaining and installation of any equipment, accessories or appurtenances during the life of a water project that are necessary to maintain the capacity and performance which the water project was design…

NAC 445A.6755 “Safe Drinking Water Act” defined. (NRS 445A.270) “Safe Drinking Water Act” has the meaning ascribed to it in NRS 445A.240. (Added to NAC by Bd. of Health by R067-98, eff. 7-23-98)

NAC 445A.67551 “Service connection” defined. (NRS 445A.270) “Service connection” has the meaning ascribed to it in NAC 445A.66375. (Added to NAC by Bd. of Health by R067-98, eff. 7-23-98)

NAC 445A.67552 “Short-term loan” defined. (NRS 445A.270) “Short-term loan” means a loan for which the term of repayment does not exceed 5 years. (Added to NAC by Bd. of Health by R067-98, eff. 7-23-98)

NAC 445A.67553 “Significant noncompliance” defined. (NRS 445A.270) “Significant noncompliance” occurs when, on two or more occasions during any period of 12 consecutive months, a public water system: 1. Fails to report the results of monitoring for; 2. Fails to take a sample for;…

NAC 445A.67554 “State clearinghouse” defined. (NRS 445A.270) “State clearinghouse” means the process for review by the State as established pursuant to the Governor’s executive order concerning intergovernmental review of federal programs of August 15, 1989. (Added to NAC by Bd. …

NAC 445A.675545 “State median household income” defined. (NRS 445A.270) “State median household income” means the median household income for this State. (Added to NAC by Environmental Comm’n by R128-04, eff. 2-14-2005)

NAC 445A.67555 “Transient water system” defined. (NRS 445A.270) “Transient water system” has the meaning ascribed to it in NRS 445A.848. (Added to NAC by Bd. of Health by R067-98, eff. 7-23-98; A by Environmental Comm’n by R109-22, 12-29-2022)

NAC 445A.67556 “User charge” defined. (NRS 445A.270) “User charge” means: 1. Any charge levied on the users of a water project; or 2. Any portion of the ad valorem taxes that are paid by a user for his or her proportionate share of the cost of operation and maintenance of a water…

NAC 445A.67557 “Water project” defined. (NRS 445A.270) “Water project” has the meaning ascribed to it in NAC 445A.66585 and includes, without limitation, any project for which the debt obligations of a public water system may be bought or refinanced pursuant to 42 U.S.C. § 300j-1…

NAC 445A.67558 Process for public participation: Notice of workshop; requirements and contents of notice; exception. (NRS 445A.270) 1. Except as otherwise provided in subsection 4 of NAC 445A.67567, the Division shall, as necessary, provide for a public participation process to p…

NAC 445A.67559 Procedure for review of actions taken by Division. (NRS 445A.270) 1. An applicant or a recipient who has reason to believe that an action taken by an employee of the Division pursuant to NAC 445A.6751 to 445A.67644, inclusive, is incorrect or based on inadequate kn…

NAC 445A.6756 Resolution of conflicting requirements; severability of provisions. (NRS 445A.270) 1. To the extent that any of the provisions of NAC 445A.6751 to 445A.67644, inclusive, conflict with any of the provisions of NAC 445A.450 to 445A.6731, inclusive, the provisions of N…

NAC 445A.67561 Eligibility for principal forgiveness loan, short-term loan or long-term loan for certain types and costs of water projects; limitations; extension of long-term loan. (NRS 445A.270, 445A.860) 1. The Division shall provide an applicant with a principal forgiveness l…

NAC 445A.67562 Eligibility for short-term loan for certain costs of water project; incorporation of loans. (NRS 445A.270) 1. An applicant is eligible to receive a short-term loan from the Account for the Revolving Fund for costs concerning: (a) Planning and engineering to: (1) De…

NAC 445A.67563 Ineligibility for financial assistance for certain costs associated with water project. (NRS 445A.270) Unless expressly authorized by the EPA, the Division shall not provide financial assistance from the Account for the Revolving Fund for the following costs associ…

NAC 445A.67564 Eligibility for money to refinance water project. (NRS 445A.270) An applicant is eligible to refinance a water project using money from the Account for the Revolving Fund if the current debt obligation satisfies the requirements of 42 U.S.C. § 300j-12(f)(2). (Added…

NAC 445A.67565 Proposal for allotment of money for certain activities; use of money; application for capitalization grant; work plans. (NRS 445A.270) 1. Pursuant to the requirements of 42 U.S.C. §§ 300j-12(g)(2) and 300j-12(k), the Division shall, at least annually, draft a propo…

NAC 445A.67566 Solicitation and submission of proposals for water projects and requests to remain on priority list; duties following receipt; preapplication. (NRS 445A.270) 1. At least annually, the Division shall solicit from public water systems: (a) Proposals in the form of pr…

NAC 445A.67567 Priority list: Development; consideration of water projects for funding; revision. (NRS 445A.270) 1. At least annually, the Division shall develop a statewide priority list of water projects from the solicitation process described in NAC 445A.67566. The Division sh…

NAC 445A.67568 Priority list: Considerations; contents. (NRS 445A.270) 1. When establishing the priority list, the Division shall consider: (a) The needs of the public water system; (b) The types of corrective actions that are necessary to comply with state law or regulations; (c…

NAC 445A.67569 Priority list: Criteria for ranking water projects; prioritizing requests for certain financial assistance. (NRS 445A.270) 1. The Division shall rank water projects using the following criteria: (a) The Division shall determine whether each water system qualifies a…

NAC 445A.6757 Priority list: Approval required; public review and comment; development of final or revised list; correction of minor errors. (NRS 445A.270) 1. Except as otherwise provided in subsection and subsection 4 of NAC 445A.67558, the priority of water projects determined …

NAC 445A.67571 Priority list: Submission for review and possible approval; objections to proposed list finalized after approval. (NRS 445A.270) 1. After the Division holds a public participation workshop, if such a workshop is required pursuant to NAC 445A.67568, and at least 3 w…

NAC 445A.67573 Bypassing water project on priority list. (NRS 445A.270) 1. The Division may bypass a water project on the priority list: (a) If the Division determines that the water project is not ready to proceed or the applicant for the project: (1) Withdraws the water project…

NAC 445A.67574 Intended use plan: Incorporation of priority list; inclusion in application for capitalization grant agreement. (NRS 445A.270) The priority list approved by the Board for Financing Water Projects will be incorporated into the intended use plan developed pursuant to…

NAC 445A.67575 Intended use plan: Preparation; contents. (NRS 445A.270) An intended use plan must be prepared by the Division which describes how all money deposited into the Account for the Revolving Fund and the Account for Set-Aside Programs will be used. The intended use plan…

NAC 445A.67576 Intended use plan: Public review and comment; availability of final plan. (NRS 445A.270) 1. The Division shall conduct a public participation process to obtain public comment and review before finalizing its intended use plan. 2. Copies of the final intended use pl…

NAC 445A.67577 Filing of letter of intent. (NRS 445A.270) After the priority list is approved by the Board for Financing Water Projects pursuant to NAC 445A.67571, each applicant on the priority list that wishes to proceed with an application for financial assistance for a propos…

NAC 445A.67578 Letter of intent: Contents; mailing; effect when intent to proceed with project. (NRS 445A.270) 1. The letter of intent required pursuant to NAC 445A.67577 must include: (a) The name, postal address, electronic mail address and telephone number of each applicant; (…

NAC 445A.67579 Preapplication conference. (NRS 445A.270) The Division shall schedule a preapplication conference if: 1. The applicant requests a preapplication conference with the Division in the letter of intent filed pursuant to the provisions of NAC 445A.67578; or 2. The Divis…

NAC 445A.675793 Short title. (NRS 445A.270, 445A.295) NAC 445A.675793 to 445A.67612, inclusive, may be referred to as the Nevada Environmental Review Process. (Added to NAC by Environmental Comm’n by R109-22, eff. 12-29-2022)

NAC 445A.675797 Maintenance of provisions on Internet website. (NRS 445A.270, 445A.295) The Division shall post the provisions of the Nevada Environmental Review Process on the Internet website maintained by the Division at https://ndep.nv.gov/water/financing-infrastructure. (Add…

NAC 445A.6758 Initiation of process of environmental review; preparation of plan for water project; prerequisite to offer of loan contract; changes in water project or environmental conditions. (NRS 445A.270, 445A.295) 1. The Division shall initiate the process of environmental r…