CHAPTER 445A - WATER CONTROLS

NAC 445A.736 Proposed pollution control projects: Cost-effect analysis. (NRS 445A.135) 1. A cost-effect analysis prepared pursuant to NAC 445A.734 must include: (a) A description of the relationship between the capacity of alternatives and the needs to be served, including capaci…

NAC 445A.737 Requirements for facility plan. (NRS 445A.135) A facility plan for a proposed wastewater treatment works or pollution control project must demonstrate, through a systematic evaluation of alternatives that are feasible in light of the unique demographic, topographic, …

NAC 445A.738 Public hearing before adoption of facility plan. (NRS 445A.135) 1. Before adopting a facility plan, an applicant for financial assistance must hold a public hearing to describe the proposed project and ensure that the concerns of the public are fully considered. 2. T…

NAC 445A.739 Submission of facility plan to Division. (NRS 445A.135) Each facility plan must be submitted to the Division for approval. (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revision for NAC 445.42106) Environmental Review of Proposed Projects

NAC 445A.742 Steps in process of environmental review. (NRS 445A.135, 445A.160) The process of environmental review of a proposed project includes the following steps: 1. An applicant for financial assistance shall consult with the Division during the formulation of the project o…

NAC 445A.743 Duties of Division. (NRS 445A.135, 445A.160) 1. The Division shall initiate the process of environmental review at the earliest practicable date to identify environmental impacts, avoid delays and resolve conflicts. This process must be integrated with the preparatio…

NAC 445A.744 Categorical exclusion: Determination by Division; criteria for granting; request for exclusion of additional categories. (NRS 445A.135, 445A.160) 1. The Division shall determine whether an action is eligible for exclusion from review pursuant to the National Environm…

NAC 445A.745 Categorical exclusion: Public notice. (NRS 445A.135, 445A.160) If a categorical exclusion is granted: 1. Unless otherwise required by federal law, a notice that the exclusion is available for review must be published on an Internet website designed to give general pu…

NAC 445A.746 Categorical exclusion: Review. (NRS 445A.135, 445A.160) Thirty days must be allowed for review of any categorical exclusion. If no significant comment is received during that period, the process of environmental review will be considered complete. If any such comment…

NAC 445A.747 Commitment of financial assistance. (NRS 445A.135, 445A.160) Financial assistance from the fund may be committed upon the completion of the environmental review process unless the Division determines that the nature of the project or environmental conditions have cha…

NAC 445A.748 Review of completed facility plan; environmental assessment. (NRS 445A.135, 445A.160) 1. The Division shall review the completed facility plan with particular attention to the environmental information document and its use in the development of alternatives and the s…

NAC 445A.749 Determination of whether to issue finding of no significant impact or to initiate preparation of environmental impact statement. (NRS 445A.135, 445A.160) 1. The Division shall apply the criteria for initiating environmental impact statements to: (a) A complete facili…

NAC 445A.750 Partitioning of environmental review for components of project. (NRS 445A.135, 445A.160) 1. Under certain circumstances, the building of a portion of a wastewater treatment works may be justified in advance of completing all requirements of the National Environmental…

NAC 445A.751 Finding of no significant impact: Issuance; notice. (NRS 445A.135, 445A.160) 1. If, after completion of the Division’s review of the facility plan, it is determined that an environmental impact statement will not be required, the Division shall issue a finding of no …

NAC 445A.752 Finding of no significant impact: Review. (NRS 445A.135, 445A.160) 1. The period of time allowed for review of finding of no significant impacts is 30 days. If no significant comments are received during that time, the environmental review process shall be deemed com…

NAC 445A.753 Provision of financial assistance following finding of no significant impact. (NRS 445A.135, 445A.160) 1. After an environmental assessment has been prepared and the issued finding of no significant impact becomes effective for the facility plan for the study area, a…

NAC 445A.754 Environmental impact statement: When required. (NRS 445A.135, 445A.160) The Division shall ensure that an environmental impact statement is prepared and issued whenever the Division determines, without limitation, that an action is known or expected: 1. To have a sig…

NAC 445A.755 Environmental impact statement: Procedure for preparing. (NRS 445A.135, 445A.160) 1. If the Division determines that an environmental impact statement will be required, the Division shall prepare and distribute a notice of intent. 2. As soon as possible after the dis…

NAC 445A.756 Environmental impact statement: Public notice; distribution of draft. (NRS 445A.135, 445A.160) 1. Unless otherwise required by federal law, upon making a determination that an environmental impact statement is required in connection with a proposed project, the Divis…

NAC 445A.757 Environmental impact statement: Review of draft. (NRS 445A.135, 445A.160) The time allowed for review of the draft environmental impact statement is 45 days. If no significant comments are received during that time, the environmental review process shall be deemed co…

NAC 445A.758 Environmental impact statement: Fee for copies of documents. (NRS 445A.135, 445A.160) Members of the public may be charged a reasonable fee, not to exceed the cost of reproduction, for a copy of any draft or final environmental impact statement or any supporting docu…

NAC 445A.759 Environmental impact statement: Public hearing. (NRS 445A.135, 445A.160) Public hearings must be scheduled by the Division and held in accordance with the provisions of chapters 233B and 445A of NRS. The Division shall schedule not less than two public hearings. The …

NAC 445A.760 Additional procedures for securing public participation. (NRS 445A.135, 445A.160) The Division may institute such additional procedures for securing public participation as are deemed necessary during the environmental review process. (Added to NAC by Environmental C…

NAC 445A.761 Preparation of final environmental impact statement. (NRS 445A.135, 445A.160) After the comment period, public hearings and consideration of comments received during the public participation process, a final environmental impact statement must be prepared. The final …

NAC 445A.762 Approval of facility plan: Record of decision; provision of financial assistance. (NRS 445A.135, 445A.160) 1. After a final environmental impact statement has been issued, the Division shall prepare and issue a record of decision in conjunction with its approval of t…

NAC 445A.764 Intended use plan: Creation; amendment. (NRS 445A.135) 1. An intended use plan must be prepared by the Division which describes how all money deposited into the fund will be used. The intended use plan must include a description of: (a) The short- and long-term goals…

NAC 445A.7643 Intended use plan: Requirements for final plan. (NRS 445A.135) 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 plan containing the informati…

NAC 445A.7647 Intended use plan: Submission with annual capitalization grant agreement or amendment thereto. (NRS 445A.135) The priority list established pursuant to NAC 445A.765 will be incorporated into the intended use plan developed pursuant to NAC 445A.764 and 445A.7643 and …

NAC 445A.765 Priority list: Establishment and use. (NRS 445A.135) 1. The Department shall provide financial assistance from the fund to projects on a list of projects developed by the Division in accordance with a priority system meeting the requirements of NAC 445A.767. The list…

NAC 445A.7655 Priority list: Notification of ranking of projects; duties of applicant; effect of failure to comply. (NRS 445A.135) 1. After the priority list is finalized by the Division, the Division shall notify each applicant on the priority list of the ranking of projects. 2.…

NAC 445A.766 Establishment of reserves. (NRS 445A.135) 1. In developing its priority list, the Division shall establish the reserves required or authorized by the Act. 2. The Division may reserve not more than 4 percent of the State’s grant awards. This money must be used to admi…

NAC 445A.767 Use of and requirements for priority system. (NRS 445A.135) 1. A priority system must be used to rank projects that are considered eligible for financial assistance from the fund. 2. The priority system must: (a) Give highest priority to projects that are necessary t…

NAC 445A.7675 Division authorized to bypass project on priority list in certain circumstances; notification; objection. (NRS 445A.135) 1. The Division may bypass a project on the priority list if the Division determines that the project is not ready to proceed or the applicant fo…

NAC 445A.768 Revision of priority system and priority list; public hearings. (NRS 445A.135) 1. The Division may revise its priority system and priority list as necessary. 2. The Division shall hold public hearings: (a) Before adopting its priority system; (b) Before adopting any …

NAC 445A.769 Requirements for initial approval of financial assistance. (NRS 445A.135) 1. To obtain approval of financial assistance, an applicant must submit a letter of intent, a facility plan, an environmental document and a draft revenue program. After these documents are app…

NAC 445A.770 Documents required; agreements for financial assistance; subsequent design reviews. (NRS 445A.135) 1. To obtain financial assistance from the fund, the following documents must be submitted: (a) An application for assistance in the form prescribed by the Division. (b…

NAC 445A.771 Examination of plans and specifications; submission of documents for review. (NRS 445A.135) 1. An examination of the plans and specifications for a project must be performed to determine whether: (a) The design is consistent with the facilities described in the facil…

NAC 445A.772 Submission of agreements regarding projects intended to serve two or more municipalities. (NRS 445A.135) If a project will serve two or more municipalities, the applicant shall submit the executed intermunicipal agreement, contract or other legally binding instrument…

NAC 445A.773 Provision of financial assistance to help offset costs. (NRS 445A.135) 1. A fixed amount of financial assistance may be provided to a recipient to help offset costs for planning, design and construction inspection, engineering and management. As used in this subsecti…

NAC 445A.774 Conditions of financial assistance and repayment. (NRS 445A.135) Conditions of financial assistance and of any repayment of such assistance: 1. Must be set forth in the agreement for financial assistance. 2. Are subject to any requirements and limitations imposed by …

NAC 445A.775 Fee for award of financial assistance. (NRS 445A.135) 1. The Director may, with the approval of the Department of Administration, impose and collect a fee for each award of financial assistance from the fund. The fee must not exceed 0.5 percent of: (a) The amount of …

NAC 445A.777 Certification of compliance with requirements of federal law. (NRS 445A.135) Before an agreement for financial assistance is transmitted to it for signature, a recipient must certify that it has complied and will comply with all requirements of federal law that are d…

NAC 445A.778 Consistency of project with water quality management plan. (NRS 445A.135) A project must be consistent with the approved elements of any applicable water quality management plan developed pursuant to 33 U.S.C. § 1285(j), 1288, 1313(e) or 1329 and the applicant must b…

NAC 445A.779 Adoption of accounting standards by reference; maintenance of separate project accounts. (NRS 445A.135) 1. The State Environmental Commission hereby adopts by reference the accounting standards contained in Standards for Audit of Governmental Organizations, Programs,…

NAC 445A.780 Maintenance of records and accounts. (NRS 445A.135) 1. A recipient shall: (a) Establish an official file for the project. The file must contain an adequate record of all significant actions relating to the project. (b) Establish accounts that accurately and adequatel…

NAC 445A.781 Audit of financial records relating to project. (NRS 445A.135) 1. Whenever an audit is required by federal law or by an agency of the Federal Government, or whenever it determines that an audit is necessary to ensure the integrity of the fund, the Division may requir…

NAC 445A.782 Use of value engineering. (NRS 445A.135) 1. The applicant shall conduct value engineering if the total estimated cost of building the treatment works is more than $10,000,000. 2. Any recommendations derived from the value engineering must be implemented to the extent…