CHAPTER 445A - WATER CONTROLS

NAC 445A.67644 Approval required to abandon, discontinue use of or dispose of water project. (NRS 445A.270) 1. A recipient shall not abandon, substantially discontinue the use of or dispose of a water project during its useful life without the prior written approval of the Divisi…

NAC 445A.685 Definitions. (NRS 445A.135) As used in NAC 445A.685 to 445A.805, inclusive, unless the context otherwise requires, the words and terms defined in NAC 445A.686 to 445A.727, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Environmental…

NAC 445A.686 “Act” defined. (NRS 445A.135) “Act” means the Clean Water Act, 33 U.S.C. §§ 1251 et seq., as amended. (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revision for NAC 445.42051)

NAC 445A.687 “Alternative” defined. (NRS 445A.135) “Alternative,” as used to describe a method of treating wastewater, means any proven process or technique for the treatment of wastewater which provides for the reclamation and reuse of water, recovers energy, productively recycl…

NAC 445A.688 “Best practicable waste treatment technology” defined. (NRS 445A.135) 1. “Best practicable waste treatment technology” means the cost-effective technology that can treat wastewater, combined sewer overflows and nonexcessive infiltration and inflow, to meet the enforc…

NAC 445A.689 “Building” defined. (NRS 445A.135) “Building” means the erection, acquisition, alteration, remodeling, improvement or extension of any treatment works or project for the control of pollution. (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revisi…

NAC 445A.690 “Categorical exclusion” defined. (NRS 445A.135) “Categorical exclusion” means an exemption from any provisions of NAC 445A.685 to 445A.805, inclusive, that would otherwise apply, granted to a category of actions that do not individually or cumulatively have a signifi…

NAC 445A.691 “Combined sewer” defined. (NRS 445A.135) “Combined sewer” means a sewer that is designed as a sanitary sewer and a storm sewer. (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revision for NAC 445.42056)

NAC 445A.692 “Completion” defined. (NRS 445A.135) “Completion,” as applied to a project, means the time when all the requirements of the construction contract have been satisfied and final payment, including retention, has been made. (Added to NAC by Environmental Comm’n, eff. 9-…

NAC 445A.693 “Construction” defined. (NRS 445A.135) “Construction” means any erection, building, alteration, remodeling, improvement or extension of treatment works or any combination of these activities. (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revisi…

NAC 445A.694 “Conventional” defined. (NRS 445A.135) “Conventional,” as used to describe a method of treating wastewater, means a process or technique for the treatment of wastewater at a centralized treatment plant by means of a biological, physical or chemical unit process follo…

NAC 445A.695 “Department” defined. (NRS 445A.135) “Department” means the State Department of Conservation and Natural Resources. (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revision for NAC 445.4206)

NAC 445A.696 “Director” defined. (NRS 445A.135) “Director” means the Director of the Department. (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revision for NAC 445.42061)

NAC 445A.697 “Disadvantaged business” defined. (NRS 445A.135) “Disadvantaged business” means a business owned or controlled by women or members of a racial or ethnic minority group. (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revision for NAC 445.42062)

NAC 445A.698 “Division” defined. (NRS 445A.135) “Division” means the Division of Environmental Protection of the Department. (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revision for NAC 445.42063)

NAC 445A.699 “Enforceable requirements of the Act” defined. (NRS 445A.135) 1. Except as otherwise provided in this section, “enforceable requirements of the Act” means any condition or limitation of a permit issued pursuant to 33 U.S.C. § 1342 or 33 U.S.C. § 1344, the violation o…

NAC 445A.700 “Environmental assessment” defined. (NRS 445A.135) “Environmental assessment” means a concise document that: 1. Provides sufficient evidence and analysis to determine whether an environmental impact statement or a finding of no significant impact is appropriate; 2. A…

NAC 445A.701 “Environmental impact statement” defined. (NRS 445A.135) “Environmental impact statement” means the statement required by NAC 445A.754. (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revision for NAC 445.42066)

NAC 445A.702 “Excessive infiltration or inflow” defined. (NRS 445A.135) “Excessive infiltration or inflow” means the quantity of infiltration or inflow that can be economically eliminated from a sewer system, as determined by a cost-effect analysis comparing the cost of correctin…

NAC 445A.703 “Facility plan” defined. (NRS 445A.135) “Facility plan” means any necessary plan or study that: 1. Investigates the need for any proposed facility; and 2. Relates directly to treatment works needed to comply with enforceable requirements of the Act or to any other pr…

NAC 445A.704 “Finding of no significant impact” defined. (NRS 445A.135) “Finding of no significant impact” means a document that presents briefly the reasons why an action, not otherwise excluded, will not have a significant effect on the human environment and for which an enviro…

NAC 445A.705 “Fund” defined. (NRS 445A.135) “Fund” means the revolving fund created pursuant to the Act to provide loans and other forms of financial assistance for the construction of wastewater treatment works or pollution control projects. (Added to NAC by Environmental Comm’n…

NAC 445A.706 “Infiltration” defined. (NRS 445A.135) “Infiltration” means the entry of water, other than wastewater, into a sewer system, including sewer service connections, from the ground through such means as defective pipes, pipe joints, connections or manholes. (Added to NAC…

NAC 445A.707 “Inflow” defined. (NRS 445A.135) “Inflow” means the entry of water, other than wastewater, into a sewer system, including sewer service connections, from sources such as roof leaders, cellar drains, springs and swampy areas, manhole covers, cross-connections between …

NAC 445A.708 “Innovative” defined. (NRS 445A.135) “Innovative,” as used to describe a method of treating wastewater, means a process or technique for the treatment of wastewater that is developed but which has not been fully proven under the circumstances of its contemplated use …

NAC 445A.709 “Interceptor sewer” defined. (NRS 445A.135) 1. “Interceptor sewer” means a sewer designed to intercept wastewater from a final point in a collector sewer and to convey the wastewater directly to a treatment facility or another interceptor. 2. As used in this section,…

NAC 445A.710 “Maintenance” defined. (NRS 445A.135) “Maintenance” means the preservation of the functional integrity and efficiency of the equipment and structures of treatment works. The term includes preventive maintenance, corrective maintenance and replacement of such equipmen…

NAC 445A.711 “Mitigation” defined. (NRS 445A.135) “Mitigation” includes: 1. Avoiding an environmental impact by not taking a certain action or parts of an action. 2. Minimizing an environmental impact by limiting the degree or magnitude of the action and its implementation. 3. Re…

NAC 445A.712 “Municipality” defined. (NRS 445A.135) “Municipality” means: 1. Any city, town, county, district, association or other public body created by or pursuant to the law of this State and having authority over the disposal of sewage, industrial wastes or other wastes; or …

NAC 445A.713 “Nonpoint source” defined. (NRS 445A.135) “Nonpoint source” means a source of waterborne sediments, nutrients or organic and toxic substances originating from activities involving the use of land, such as agriculture, mining, forestry, urban development or constructi…

NAC 445A.714 “Operation” defined. (NRS 445A.135) “Operation” means control of the unit processes and equipment which comprise treatment works. The term includes financial management, the management of personnel and records, laboratory control, process control, safety and planning…

NAC 445A.715 “Operation and maintenance” defined. (NRS 445A.135) “Operation and maintenance” means those activities required to ensure the dependable and economical functioning of treatment works. (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revision for N…

NAC 445A.716 “Person” defined. (NRS 445A.135) 1. “Person” means the United States, to the extent authorized by federal law, any interstate agency, the State or any agency or institution thereof, or any municipality or other political subdivision of the State. 2. As used in this s…

NAC 445A.717 “Pollution” defined. (NRS 445A.135) “Pollution” means the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water. (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revision for NAC 445.42082)

NAC 445A.718 “Pollution control project” defined. (NRS 445A.135) “Pollution control project” means any eligible component of a program for management established pursuant to 33 U.S.C. § 1329. (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revision for NAC 44…

NAC 445A.719 “Priority list” defined. (NRS 445A.135) “Priority list” means the ordered listing, prepared annually, of projects for which the Department expects to provide financial assistance from the fund. (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revi…

NAC 445A.720 “Project” defined. (NRS 445A.135) “Project” means the activities or tasks identified in an agreement for financial assistance for which the recipient may expend, obligate or commit money. (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revision f…

NAC 445A.721 “Recipient” defined. (NRS 445A.135) “Recipient” means an entity that receives financial assistance from the fund. (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revision for NAC 445.42086)

NAC 445A.722 “Replacement” defined. (NRS 445A.135) “Replacement” means obtaining and installing equipment, accessories or appurtenances necessary during the life of treatment works to maintain the capacity and performance for which the works have been designed and constructed. Th…

NAC 445A.723 “Sanitary sewer” defined. (NRS 445A.135) “Sanitary sewer” means a conduit intended to carry liquid- and water-carried wastes from a residence, commercial building, industrial plant or institution together with small quantities of ground, storm or surface waters that …

NAC 445A.724 “Storm sewer” defined. (NRS 445A.135) “Storm sewer” means a sewer designed to carry only storm waters, surface runoff, street wash waters or drainage. (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revision for NAC 445.42089)

NAC 445A.725 “Treatment works” defined. (NRS 445A.135) “Treatment works” means: 1. Any device or system used in the storage, treatment, recycling or reclamation of municipal sewage or industrial wastes of a liquid nature, including any interceptor sewer, outfall sewer, sewage col…

NAC 445A.726 “User charge” defined. (NRS 445A.135) “User charge” means a charge levied in accordance with 33 U.S.C. § 1284(b) on the users of a treatment works, or that portion of the ad valorem taxes paid by a user for his or her proportionate share of the cost of operation and …

NAC 445A.727 “Wastewater” defined. (NRS 445A.135) “Wastewater” means a combination of the liquid- and water-carried wastes from a residence, commercial building, industrial plant or institution and any groundwater, surface water or storm water that is present. The term includes a…

NAC 445A.728 Purpose and use of revolving fund created pursuant to Clean Water Act. (NRS 445A.135) 1. The primary purpose of the fund is to provide financial assistance as described in this section, other than grants, to municipalities for the construction of publicly owned waste…

NAC 445A.729 Effect of review or approval of documents by or for Division. (NRS 445A.135) Review or approval of facility plans, design drawings and specifications or other documents by or for the Division is for administrative purposes only and does not relieve the applicant of t…

NAC 445A.730 Resolution of disputes concerning administration of provisions. (NRS 445A.135) Any dispute concerning the administration of the provisions of NAC 445A.685 to 445A.805, inclusive, that is not otherwise resolved must be referred to the Administrator for decision. The d…