CHAPTER 445A - WATER CONTROLS

NAC 445A.829 “Packer” defined. (NRS 445A.425) “Packer” means a device lowered into a well to produce a seal which is fluid-tight. (Added to NAC by Environmental Comm’n, eff. 10-21-87)—(Substituted in revision for NAC 445.42295)

NAC 445A.830 “Permit” defined. (NRS 445A.425) “Permit” means an authorization, license or other document which is issued by the Director to carry out the provisions of NAC 445A.810 to 445A.925, inclusive. (Added to NAC by Environmental Comm’n, eff. 10-21-87)—(Substituted in revis…

NAC 445A.831 “Person” defined. (NRS 445A.425) “Person” means a natural person, association, partnership, corporation, governmental entity or an agent or employee thereof. (Added to NAC by Environmental Comm’n, eff. 7-22-87)—(Substituted in revision for NAC 445.42305)

NAC 445A.832 “Plugging” defined. (NRS 445A.425) “Plugging” means the stoppage of the flow of water, oil or gas into or from a formation through a borehole or well penetrating that formation. (Added to NAC by Environmental Comm’n, 10-21-87)—(Substituted in revision for NAC 445.423…

NAC 445A.833 “Radioactive waste” defined. (NRS 445A.425) “Radioactive waste” means any waste which contains radioactive material in concentrations which exceed those listed in 10 C.F.R. Part 20, Appendix B, Table II Column 2. (Added to NAC by Environmental Comm’n, eff. 10-21-87)—…

NAC 445A.8332 “Sanitary waste” defined. (NRS 445A.425) “Sanitary waste” means liquid or solid wastes originating solely from humans and human activities, including, without limitation, wastes collected from toilets, showers, washbasins, sinks used for cleaning domestic areas, sin…

NAC 445A.8335 “Septic system” defined. (NRS 445A.425) “Septic system” means a well that is used to emplace sanitary waste below the surface and is typically composed of a septic tank and a subsurface fluid distribution system or disposal system. (Added to NAC by Environmental Com…

NAC 445A.8337 “Source water assessment and protection program” defined. (NRS 445A.425) “Source water assessment and protection program” means a program designed by the Bureau of Health Protection Services of the Division of Public and Behavioral Health of the Department of Health…

NAC 445A.834 “Stimulation of a well” defined. (NRS 445A.425) “Stimulation of a well” means the following processes used to clean the well bore, enlarge a channel and increase the porosity in the interval to be injected: 1. Surging; 2. Jetting; 3. Blasting; 4. Treatment with acid;…

NAC 445A.835 “Subsidence” defined. (NRS 445A.425) “Subsidence” means a lowering of the surface of natural land which is caused by: 1. The movement of the earth; 2. A lowering of the pressure of fluids; 3. The removal of underlying supporting material by mining or solution of soli…

NAC 445A.8355 “Subsurface fluid distribution system” defined. (NRS 445A.425) “Subsurface fluid distribution system” means an assemblage of perforated pipes, drain tiles or other similar mechanisms intended to distribute fluids below the surface of the ground. (Added to NAC by Env…

NAC 445A.836 “Total dissolved solids” defined. (NRS 445A.425) “Total dissolved solids” means the total dissolved solids after filtration as determined by the method specified in 40 C.F.R. Part 136. (Added to NAC by Environmental Comm’n, eff. 10-21-87)—(Substituted in revision for…

NAC 445A.837 “Underground source of drinking water” defined. (NRS 445A.425) “Underground source of drinking water” means all aquifers within this State regardless of the quality of the water, except those exempted pursuant to NAC 445A.850 to 445A.855, inclusive. (Added to NAC by …

NAC 445A.838 “Well” defined. (NRS 445A.425) “Well” means: 1. A bored, drilled or driven shaft with a depth greater than the largest surface dimension; 2. A hole which is dug, with a depth greater than the largest surface dimension; 3. An improved sinkhole; or 4. A subsurface flui…

NAC 445A.839 “Zone for injection” defined. (NRS 445A.425) “Zone for injection” means a geological formation, group of formations or part of a formation through which fluids from a well are received. (Added to NAC by Environmental Comm’n, eff. 7-22-87)—(Substituted in revision for…

NAC 445A.840 “Zone of endangering influence” defined. (NRS 445A.425) “Zone of endangering influence” means the area in which increased pressures in the formation for injection may cause migration of the injected fluid or the fluid in the formation into an underground source of dr…

NAC 445A.842 Applicability of regulations. (NRS 445A.425) NAC 445A.810 to 445A.925, inclusive, apply to any person proposing to construct, alter, repair or abandon any injection well, or owning, using or operating, or proposing to use or operate any injection well on any lands wi…

NAC 445A.843 Applicable standards of other governmental agencies. (NRS 445A.425) The provisions of any federal, state, county or municipal law or regulation establishing standards for injection wells which affords greater protection to the public welfare, safety and health and to…

NAC 445A.8435 Public access to information concerning locations of groundwater protection areas and other sensitive groundwater areas. (NRS 445A.425) The Division shall ensure that information concerning the locations of groundwater protection areas and other sensitive groundwate…

NAC 445A.844 Classes of injection wells. (NRS 445A.425) NAC 445A.845 to 445A.849, inclusive, define the various classes of injection wells. (Added to NAC by Environmental Comm’n, eff. 7-22-87)—(Substituted in revision for NAC 445.42365)

NAC 445A.845 Class I wells. (NRS 445A.425) A Class I well is an injection well for the disposal of industrial, municipal and radioactive waste, whereby fluids are injected below the lowest formation containing, within one-quarter mile of the well bore, water with a concentration …

NAC 445A.846 Class II wells. (NRS 445A.425) A Class II well is an injection well for the production and storage of oil and gas and includes a well which injects fluids: 1. Which are brought to the surface in connection with the conventional production of oil or natural gas; 2. Fo…

NAC 445A.847 Class III wells. (NRS 445A.425) A Class III well involves a special process which injects fluids for the extraction of minerals or energy, except geothermal energy, and includes: 1. Mining of sulfur by the Frasch process; 2. In situ production of uranium or other met…

NAC 445A.848 Class IV wells. (NRS 445A.425) A Class IV well is an injection well which injects hazardous wastes into or above a formation containing, within one-quarter mile of the well bore, an underground source of drinking water or an aquifer which has been exempted pursuant t…

NAC 445A.849 Class V wells. (NRS 445A.425) A Class V well is any injection well not included in Classes I, II, III and IV, including, without limitation: 1. Wells used to inject the water for heating or cooling by a heat pump; 2. Cesspools or other devices receiving wastes which …

NAC 445A.8491 Motor vehicle waste disposal wells: Requirements for well in operation or under construction on or before April 5, 2000. (NRS 445A.425, 445A.465) 1. The owner of an existing motor vehicle waste disposal well that was in operation or under construction on or before A…

NAC 445A.8493 Motor vehicle waste disposal wells: Deadlines for owner of well to meet requirements; extension of deadlines; conversion of well. (NRS 445A.425, 445A.465) 1. Except as otherwise provided in this section, the owner of an existing motor vehicle waste disposal well tha…

NAC 445A.8495 Motor vehicle waste disposal wells: Application for permit to continue operation of well. (NRS 445A.425, 445A.465) 1. If the owner of a motor vehicle waste disposal well determined to be located within a groundwater protection area or other sensitive groundwater are…

NAC 445A.8497 Motor vehicle waste disposal wells: Conditions for granting exemption to owner of well determined to be located in other sensitive groundwater area. (NRS 445A.425, 445A.465) 1. The owner of an existing motor vehicle waste disposal well determined to be located in an…

NAC 445A.8499 Motor vehicle waste disposal wells: Requirements for owner of well when location is changed by updated local source water assessment. (NRS 445A.425, 445A.465) 1. Except as otherwise provided in this section, if a motor vehicle waste disposal well initially determine…

NAC 445A.850 Injection of fluid that degrades quality of aquifer prohibited; exemption of aquifer by Director. (NRS 445A.425, 445A.465) No person may inject a fluid which degrades the physical, chemical or biological quality of the aquifer into which the fluid is injected, unless…

NAC 445A.851 Criteria for determining exemption of aquifer. (NRS 445A.425, 445A.465) The Director shall consider the following criteria in determining whether to exempt an aquifer or a portion thereof from the provisions of NAC 445A.850: 1. It does not currently serve as a source…

NAC 445A.852 Identification of exempted aquifers. (NRS 445A.425, 445A.465) The Director may identify by narrative description, illustrations, maps, or other means and describe in geographic or geometric terms, such as vertical and lateral limits and gradient, all aquifers or part…

NAC 445A.853 Exemption terminated when well abandoned; exception. (NRS 445A.425, 445A.465) An exemption granted pursuant to NAC 445A.850 and 445A.851 for an aquifer underlying an injection well must be automatically terminated when that well is abandoned and plugged, unless that …

NAC 445A.854 List of exempted aquifers. (NRS 445A.425, 445A.465) A list of exempted aquifers must be maintained for public inspection at the offices of the Department. (Added to NAC by Environmental Comm’n, eff. 7-22-87)—(Substituted in revision for NAC 445.42415)

NAC 445A.855 Specific aquifers exempted. (NRS 445A.425, 445A.465) The following proven, oil-bearing portions of the Railroad Valley aquifer in Nye County, Nevada, are, on July 22, 1987, exempt from the requirements of NAC 445A.850 and 445A.851 for activities related to a Class II…

NAC 445A.856 Prohibited wells and injections; exceptions. (NRS 445A.425, 445A.465) 1. Except as otherwise provided in this section, Class I and Class IV injection wells are prohibited, and the Division shall not issue any permit to construct or operate such a well. 2. Cesspools a…

NAC 445A.857 Prohibited wells: Report by owner or operator. (NRS 445A.425, 445A.465) Any Class I or Class IV well under construction or in operation before July 22, 1987, must be reported by the owner or operator to the Director within 30 days after that date. The report must con…

NAC 445A.858 Prohibited wells: Abandonment and plugging; monitoring. (NRS 445A.425, 445A.465) Any Class I or Class IV injection well constructed or in operation before July 22, 1987, must be abandoned and plugged. The plan for abandoning and plugging must be submitted to and appr…

NAC 445A.8585 Establishment of concentration level for contaminant. (NRS 445A.425, 445A.465, 445A.520) If a maximum contaminant level has not been established for a contaminant, a concentration level for the contaminant may be established by using: 1. The naturally occurring back…

NAC 445A.859 Certification of documents submitted to Director. (NRS 445A.425, 445A.465) All applications, reports or information submitted to the Director must be signed and certified to be correct and true by the owner or the operator. (Added to NAC by Environmental Comm’n, eff.…

NAC 445A.860 Confidentiality of information submitted to Director. (NRS 445A.425, 445A.465, 445A.665) 1. Any information submitted to the Director pursuant to NAC 445A.810 to 445A.925, inclusive, may be claimed as confidential by the person submitting the information. If the pers…

NAC 445A.861 Complaint of violation; investigation. (NRS 445A.425, 445A.465) A written complaint alleging a condition in violation of a provision of NAC 445A.810 to 445A.925, inclusive, or a condition or limitation of a permit may be filed with the Director by any person. An inve…

NAC 445A.862 Enforcement of regulations. (NRS 445A.425, 445A.465) 1. It is not a defense in an action to enforce the provisions of NAC 445A.810 to 445A.925, inclusive, for a holder of a permit to assert that halting or reducing the permitted activity would have been necessary to …

NAC 445A.865 Purpose of issuing permits; no vested right acquired by holder. (NRS 445A.425, 445A.465) The purpose of issuing permits is to protect the public health and safety and the general welfare of the people of this State. Any permit issued pursuant to NAC 445A.810 to 445A.…

NAC 445A.866 Effect of permit issued by Environmental Protection Agency. (NRS 445A.425, 445A.465) Upon delegation to the State of Nevada by the Federal Government of primary responsibility for enforcement of the Underground Injection Control Program, permits issued by the Environ…

NAC 445A.867 Application for permit. (NRS 445A.425, 445A.465) 1. Except as otherwise provided in NAC 445A.8491 to 445A.8499, inclusive, an applicant for a permit to inject fluids must satisfy the Director that the underground injection will not endanger any source of drinking wat…