CHAPTER 445A - WATER CONTROLS

NAC 445A.786 Approval of system of user charges or ordinance governing sewer use. (NRS 445A.135) An applicant must obtain the approval of the Division for any system of user charges or ordinance governing sewer use. If any such system or ordinance is in effect, the applicant shal…

NAC 445A.787 Requirements for ordinance governing sewer use. (NRS 445A.135) An ordinance governing sewer use must: 1. Prohibit any new connections from inflow sources into treatment works; 2. Require that new sewers and connections to treatment works be properly designed and cons…

NAC 445A.788 Requirements for system of user charges. (NRS 445A.135) A system of user charges must: 1. Be designed to produce the money required for costs of operation, maintenance and replacement of treatment works; 2. Provide that each user who discharges pollutants which cause…

NAC 445A.789 Adoption of system of user charges. (NRS 445A.135) One or more municipal legislative enactments must incorporate the system of user charges. If a project accepts wastewater from other municipalities, the subscribers receiving waste treatment services from the recipie…

NAC 445A.790 Effect of system of user charges on inconsistent agreements. (NRS 445A.135) A system of user charges supersedes any agreement or contract to the extent the agreement or contract is inconsistent with any provision of NAC 445A.788 or 445A.789. (Added to NAC by Environm…

NAC 445A.791 Periods for adoption and implementation of sewer use ordinance and system of user charges. (NRS 445A.135) A recipient shall adopt its sewer use ordinance and implement its system of user charges before the treatment works is placed in operation. The recipient shall i…

NAC 445A.792 Approval of award of contract for construction relating to project; resolution of disputes regarding bidding. (NRS 445A.135) 1. Before awarding any construction contract relating to a project, an applicant for financial assistance shall submit to the Division, in the…

NAC 445A.793 Period for award of prime construction contract; extension of period. (NRS 445A.135) 1. Except as otherwise provided in subsection 2, a recipient of financial assistance shall award the prime construction contract within 90 days after the Division approves the award …

NAC 445A.794 Compliance with federal and state law regarding labor and wages. (NRS 445A.135) 1. A recipient of financial assistance shall comply with the provisions of the Davis-Bacon Act, 40 U.S.C. §§ 276a et seq., if they apply, and the provisions of NRS 338.010 to 338.090, inc…

NAC 445A.795 Participation by disadvantaged businesses: Generally. (NRS 445A.135) 1. An applicant for financial assistance shall comply with the requirements of federal law concerning the participation of disadvantaged businesses. 2. Each recipient of financial assistance shall a…

NAC 445A.796 Participation by disadvantaged businesses: Awarding of subcontracts. (NRS 445A.135) If the contractor for a project awards any subcontracts relating to the project, he or she shall take affirmative steps to ensure that disadvantaged businesses are used to the extent …

NAC 445A.797 Notification of Division regarding steps in construction and beginning of operation of project. (NRS 445A.135) A recipient of financial assistance shall notify the Division promptly in writing of: 1. The award of the prime construction contract for the project. 2. Th…

NAC 445A.798 Entry by representative of Division onto site of project. (NRS 445A.135) During the construction of a project, the recipient shall permit any authorized representative of the Division to enter onto the site of the project at any reasonable time. (Added to NAC by Envi…

NAC 445A.799 Oversight inspections; final construction inspection. (NRS 445A.135) 1. The Division may conduct oversight inspections during the construction of a project. The primary purpose of any such inspection must be to ascertain that the recipient is constructing the project…

NAC 445A.800 Submission of copies of change orders. (NRS 445A.135) A copy of each executed change order must be submitted to the Division. (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revision for NAC 445.42173)

NAC 445A.801 Submission and approval of operation and maintenance manual for project. (NRS 445A.135) Before a project is 90 percent completed, a recipient shall submit to the Division an operation and maintenance manual for the project. Not more than 90 percent of the total finan…

NAC 445A.802 Submission of set of as-built drawings of project. (NRS 445A.135) A recipient shall supply the Division with one set of as-built drawings of the project. (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revision for NAC 445.42175)

NAC 445A.803 Certification of performance of project; corrective action. (NRS 445A.135) 1. The Division shall establish, in consultation with each recipient, the date that project operations are capable of being initiated for the purpose of establishing the procedure for certific…

NAC 445A.804 Notification of claims arising from or related to project. (NRS 445A.135) A recipient shall notify the Division of any claims against the owner, the engineer, the contractor or any subcontractor arising from or related to the project. (Added to NAC by Environmental C…

NAC 445A.805 Approval required to abandon, discontinue use of or dispose of project. (NRS 445A.135) A recipient shall not abandon, substantially discontinue his or her use of, or dispose of a project during its useful life without the prior written approval of the Division. (Adde…

NAC 445A.810 Definitions. (NRS 445A.425) As used in NAC 445A.810 to 445A.925, inclusive, unless the context otherwise requires, the words and terms defined in NAC 445A.811 to 445A.840, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Environmental…

NAC 445A.811 “Application” defined. (NRS 445A.425) “Application” means the form provided by the Division that is used to apply for a permit for underground injection, including any modifications of or additions to the form. (Added to NAC by Environmental Comm’n, eff. 10-21-87; A …

NAC 445A.812 “Aquifer” defined. (NRS 445A.425) “Aquifer” means a geological formation, group of formations or part of a formation capable of yielding a significant amount of water to a well or spring. (Added to NAC by Environmental Comm’n, eff. 7-22-87)—(Substituted in revision f…

NAC 445A.813 “Area of review” defined. (NRS 445A.425) “Area of review” means the area surrounding an injection well as determined pursuant to NAC 445A.897 and 445A.898. (Added to NAC by Environmental Comm’n, eff. 7-22-87)—(Substituted in revision for NAC 445.42215)

NAC 445A.814 “Casing” defined. (NRS 445A.425) “Casing” means a pipe or tubing which is lowered into a borehole during or after drilling to: 1. Support the sides of the hole and prevent the walls from collapsing; 2. Prevent loss of drilling mud into porous ground; or 3. Prevent wa…

NAC 445A.815 “Catastrophic collapse” defined. (NRS 445A.425) “Catastrophic collapse” means a sudden and complete failure of overlying strata caused by the removal of underlying materials. (Added to NAC by Environmental Comm’n, eff. 10-21-87)—(Substituted in revision for NAC 445.4…

NAC 445A.816 “Cementing” defined. (NRS 445A.425) “Cementing” means the pumping of cement into a drilled hole or the forcing of cement behind the casing. (Added to NAC by Environmental Comm’n, eff. 10-21-87)—(Substituted in revision for NAC 445.4223)

NAC 445A.8163 “Cesspool” defined. (NRS 445A.425) “Cesspool” means a drywell which receives untreated sanitary waste containing human excreta and which may have an open bottom or perforated sides, or both. (Added to NAC by Environmental Comm’n by R042-01, eff. 10-25-2001)

NAC 445A.8167 “Community water system” defined. (NRS 445A.425) “Community water system” has the meaning ascribed to it in 40 C.F.R. § 144.86(d), as that section existed on July 1, 2000. (Added to NAC by Environmental Comm’n by R042-01, eff. 10-25-2001)

NAC 445A.817 “Confining zone” defined. (NRS 445A.425) “Confining zone” means a geological formation, group of formations or part of a formation capable of limiting the movement of fluids from a zone of injection. (Added to NAC by Environmental Comm’n, eff. 7-22-87)—(Substituted i…

NAC 445A.818 “Contaminant” defined. (NRS 445A.425) “Contaminant” has the meaning ascribed to it in NRS 445A.325. (Added to NAC by Environmental Comm’n, eff. 7-22-87)—(Substituted in revision for NAC 445.4224)

NAC 445A.819 “Degrade” defined. (NRS 445A.425) “Degrade” means to cause or create an increase in the amount or concentration of any substance in an underground source of drinking water to an extent that: 1. A regulation prescribing primary drinking water standards or secondary ma…

NAC 445A.8195 “Delineate” defined. (NRS 445A.425) “Delineate” means the first step in the assessment process pursuant to which the boundaries of a groundwater protection area are identified as a part of the source water assessment and protection program of this State. (Added to N…

NAC 445A.820 “Department” defined. (NRS 445A.425) “Department” means the State Department of Conservation and Natural Resources. (Added to NAC by Environmental Comm’n, eff. 7-22-87)—(Substituted in revision for NAC 445.4225)

NAC 445A.821 “Director” defined. (NRS 445A.425) “Director” means the Director of the Department or the Director’s designated agent. (Added to NAC by Environmental Comm’n, eff. 7-22-87)—(Substituted in revision for NAC 445.42255)

NAC 445A.8213 “Division” defined. (NRS 445A.425) “Division” means the Division of Environmental Protection of the Department. (Added to NAC by Environmental Comm’n by R042-01, eff. 10-25-2001)

NAC 445A.8217 “Drywell” defined. (NRS 445A.425) “Drywell” means a well, other than an improved sinkhole or a subsurface fluid distribution system, that is completed above the water table so that the bottom and sides of the well are typically dry except when receiving fluids. (Add…

NAC 445A.822 “Fault” defined. (NRS 445A.425) “Fault” means a surface or zone of fractured rock along which displacement has occurred. (Added to NAC by Environmental Comm’n, eff. 10-21-87)—(Substituted in revision for NAC 445.4226)

NAC 445A.823 “Fluid” defined. (NRS 445A.425) “Fluid” means any material or substance which flows or moves whether in a semisolid, liquid, sludge, gaseous or other form or state. (Added to NAC by Environmental Comm’n, eff. 7-22-87)—(Substituted in revision for NAC 445.42265)

NAC 445A.824 “Formation” defined. (NRS 445A.425) “Formation” means a body of rock characterized by a degree of lithologic homogeneity which is prevailingly tabular and is mappable on the earth’s surface or traceable in the subsurface. (Added to NAC by Environmental Comm’n, eff. 1…

NAC 445A.825 “Groundwater” defined. (NRS 445A.425) “Groundwater” means water below the surface of the land which is in a zone of saturation. (Added to NAC by Environmental Comm’n, eff. 10-21-87)—(Substituted in revision for NAC 445.42275)

NAC 445A.8255 “Groundwater protection area” defined. (NRS 445A.425) “Groundwater protection area” means a geographic area that is: 1. Near to or surrounding public water wells, including, without limitation, community water systems and nontransient noncommunity water systems that…

NAC 445A.826 “Hazardous waste” defined. (NRS 445A.425) “Hazardous waste” means a waste defined as such under the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., as those sections existed on June 1, 2001. (Added to NAC by Environmental Comm’n, eff. 7-22-87; A by…

NAC 445A.8263 “Improved sinkhole” defined. (NRS 445A.425) “Improved sinkhole” means a naturally occurring karst depression or other natural crevice found in volcanic terrain and other geologic settings that has been modified by humans to direct or emplace fluid into the subsurfac…

NAC 445A.8267 “Injection” defined. (NRS 445A.425) “Injection” means the subsurface emplacement of fluids through a well. (Added to NAC by Environmental Comm’n by R042-01, eff. 10-25-2001)

NAC 445A.827 “Injection well” defined. (NRS 445A.425) “Injection well” means a well used for the subsurface emplacement of fluids, except fluids associated with active drilling. (Added to NAC by Environmental Comm’n, eff. 7-22-87; A 10-21-87; R042-01, 10-25-2001)

NAC 445A.828 “Mechanical integrity” defined. (NRS 445A.425) “Mechanical integrity” means a condition of an injection well where there is: 1. No significant leakage in the casing, tubing or packer; and 2. No significant movement of a fluid into an underground source of drinking wa…