CHAPTER 445A - WATER CONTROLS

NAC 445A.871 Bond required. (NRS 445A.425, 445A.465) 1. Except as otherwise provided in subsections 2 and 3, an applicant for a permit for an injection well must provide evidence that he or she has obtained a good and sufficient bond in favor of the State: (a) In a sum equal to t…

NAC 445A.872 Fees. (NRS 445A.425, 445A.430, 445A.465) 1. A nonrefundable fee must accompany each application for a permit for an injection well. The applicable fee is: Type of Injection Well Application Fee Fee for Annual Services, Major Modifications or Renewal of Permit Class I…

NAC 445A.873 Notification whether application complete; submission of additional information. (NRS 445A.425, 445A.465) The permit for an injection well may not be issued until the Director determines that the application is complete and the applicable fee has been paid. The Direc…

NAC 445A.874 Preparation of documents by Director when application is complete. (NRS 445A.425, 445A.465) Once an application for a permit is complete, the Director shall prepare: 1. A draft of the permit and a tentative exemption for the aquifer, if required, or a notice of inten…

NAC 445A.875 Public notice of tentative action on application for permit. (NRS 445A.425, 445A.465, 445A.590) A public notice for each draft of a permit for an underground injection well, tentative exemption for an aquifer, if required, or intent to deny an application for a permi…

NAC 445A.876 Contents of public notice. (NRS 445A.425, 445A.465, 445A.590) The public notice must include at least the following: 1. The name, address and telephone number of the Department; 2. The name and address of the applicant; 3. A brief description of the proposed facility…

NAC 445A.877 Public hearing and comments concerning tentative action on application for permit; notice of hearing. (NRS 445A.425, 445A.465, 445A.595) 1. The applicant or any interested person may: (a) Request a public hearing on any application for a permit. If a hearing has not …

NAC 445A.878 Statement by Director responding to comments concerning tentative action on application for permit. (NRS 445A.425, 445A.465) At the time a final permit and exemption for an aquifer, if required, is issued, the Director shall also issue a statement responding to the c…

NAC 445A.879 Period for issuance or denial of permit. (NRS 445A.425, 445A.465) Within 30 days after the end of any period for public comment regarding the issuance or renewal of a permit or the close of the public hearing, the Director shall either issue the final permit or provi…

NAC 445A.880 Expiration of permit. (NRS 445A.425, 445A.465, 445A.495) 1. A permit expires 5 years after the date of issuance except that an earlier date may be specified by the Director. 2. If the holder of a permit submits a timely application for the renewal of a permit pursuan…

NAC 445A.881 Transfer of permit. (NRS 445A.425, 445A.465) A permit may be transferred to a new owner or operator upon application to the Director containing assurance that the new owner or operator has complied with the requirements regarding financial responsibility prescribed i…

NAC 445A.882 Renewal of permit. (NRS 445A.425, 445A.465, 445A.495) 1. Upon application and payment of a renewal fee to the Director at least 180 days before the date of expiration of the permit, the renewal of a permit must be reviewed by the Director. 2. The Director shall reiss…

NAC 445A.883 Permit for certain groups of wells. (NRS 445A.425, 445A.430, 445A.465) A group of similarly designed injection wells located on a single parcel of property, owned or operated by the same applicant, and injecting the same class of fluids may be issued a permit as a si…

NAC 445A.884 Single permit for facilities otherwise required to obtain additional permits. (NRS 445A.425, 445A.430, 445A.465) A single permit may be issued by the Director for a facility that is required to obtain additional permits because of on-site treatment or storage of flui…

NAC 445A.885 Modification, revocation, suspension, cancellation or denial of permit; cessation of activity requiring permit. (NRS 445A.425, 445A.465, 445A.600) 1. In addition to the grounds specified in NRS 445A.600, the Director may modify, revoke, suspend or cancel a permit dur…

NAC 445A.886 Submission of information requested by Director. (NRS 445A.425, 445A.465, 445A.600) The holder of a permit shall furnish to the Director, within a time specified by the Director, any information which may be requested by him or her to determine whether cause exists f…

NAC 445A.887 Permit for Class V well may contain less stringent requirements. (NRS 445A.425, 445A.465) The Director may authorize by an individual or general permit a Class V well to have requirements less stringent for its area of review, technical requirements for its construct…

NAC 445A.888 Inclusion in permit of schedule for compliance. (NRS 445A.425, 445A.465, 445A.500) 1. The permit may, when appropriate, specify a schedule for compliance with NAC 445A.810 to 445A.925, inclusive, and chapter 445A of NRS. 2. The schedule for compliance must require co…

NAC 445A.889 Notice to Director of failure to comply with terms of permit. (NRS 445A.425, 445A.465) 1. Except as otherwise provided in subsection 2, if for any reason the holder of a permit does not comply with or will be unable to comply with the conditions, requirements and lim…

NAC 445A.890 Issuance of temporary permit. (NRS 445A.425, 445A.465, 445A.485) 1. The Director may temporarily permit a specific underground injection of fluids if: (a) An imminent and substantial danger to the public health or the environment will result unless the temporary perm…

NAC 445A.891 General permits: Eligible types of wells. (NRS 445A.425, 445A.465, 445A.475) The Director may issue a general permit for the following types of Class V wells: 1. Geothermal wells using a closed loop that return fluid to the geothermal aquifer used for domestic heatin…

NAC 445A.8915 General permits: Procedures to request coverage for Class V well. (NRS 445A.425, 445A.465, 445A.475) 1. A person may request coverage for a Class V well under a general permit by submitting a notice of intent to operate the well as an activity for which a general pe…

NAC 445A.892 General permits: Description of geographic area. (NRS 445A.425, 445A.465, 445A.475) A general permit may be written to cover a category of injection well described in NAC 445A.891, except those covered by individual permits, within a geographic area. The area must be…

NAC 445A.893 General permits: Regulation of category of wells. (NRS 445A.425, 445A.465, 445A.475) A general permit may be written to regulate, within the area described in the permit, a category of injection wells if all of the wells: 1. Involve the same or substantially similar …

NAC 445A.894 General permits: Requiring holder to obtain individual permit; petition for exclusion. (NRS 445A.425, 445A.465, 445A.480) The Director may require any person authorized to inject by a general permit to apply for and obtain an individual permit. If an individual permi…

NAC 445A.895 General permits: Public notice and opportunity for hearing. (NRS 445A.425, 445A.465, 445A.590, 445A.595) Public notice and the opportunity for a hearing must be provided before the issuance of a general permit. The notice must be given and the hearing conducted pursu…

NAC 445A.896 General permits: Modification, suspension or revocation. (NRS 445A.425, 445A.465, 445A.600) The Director may modify, suspend or revoke a general permit pursuant to NAC 445A.885 as if it were an individual permit. (Added to NAC by Environmental Comm’n, eff. 7-22-87)—(…

NAC 445A.897 Area of review: Definition. (NRS 445A.425, 445A.465) An area of review, required in the application for a permit for each injection well, consists of a circle circumscribed around the well with a fixed radius of 1 mile. This is the surface of the land lying over the …

NAC 445A.898 Area of review: Increase or decrease by Director. (NRS 445A.425, 445A.465) The Director may require that a greater or lesser area of review be prescribed in an application for a permit. This must be based upon: 1. The chemical, physical and biological characteristics…

NAC 445A.899 Identification of known wells and analysis of pressure; plan for corrective action. (NRS 445A.425, 445A.465) An applicant for a permit for an injection well shall identify all known wells within the area of review and may be required to submit an analysis of the buil…

NAC 445A.900 Action by Director on plan for corrective action. (NRS 445A.425, 445A.465, 445A.500) 1. If a plan of corrective action has been determined by the Director to be adequate, the Director shall incorporate it into the permit as a condition. 2. If the Director’s review of…

NAC 445A.901 Applicant to report improperly completed, plugged or abandoned well; correction of condition. (NRS 445A.425, 445A.465) 1. If an improperly completed, plugged or abandoned well is not under the applicant’s control, the applicant shall: (a) File a complaint with the ap…

NAC 445A.902 Minor modifications to permit. (NRS 445A.425, 445A.465, 445A.600) With the consent of the holder of a permit issued pursuant to NAC 445A.810 to 445A.925, inclusive, and without public notice, the Director may make minor modifications to the permit to: 1. Correct typo…

NAC 445A.905 Construction prohibited without permit. (NRS 445A.425, 445A.465) The construction of an injection well for which a permit is required may not begin until the permit has been issued. (Added to NAC by Environmental Comm’n, eff. 7-22-87)—(Substituted in revision for NAC…

NAC 445A.906 Compliance with permit; minimization or correction of adverse impact on environment. (NRS 445A.425, 445A.465) The holder of a permit shall: 1. At all times maintain in good working order and operate as efficiently as possible all facilities, devices or systems instal…

NAC 445A.907 Power of Director to suspend or halt construction or operation. (NRS 445A.425, 445A.465) The Director may suspend or halt construction or operation of an injection well upon receipt of information that a contaminant which is present in or likely to enter a public wat…

NAC 445A.908 Location and construction of well. (NRS 445A.425, 445A.465) 1. An injection well must be: (a) Situated on a well-drained site not subject to inundation by a flood with a recurrence interval of 100 years. (b) Sited in such a way that it injects into a formation which …

NAC 445A.909 Submission and contents of notice of completion; approval or denial of permission to initiate injection. (NRS 445A.425, 445A.465) 1. Within 30 calendar days after completion of a new injection well, the holder of a permit shall furnish the Director with a notice of c…

NAC 445A.910 Factors for determining logging and testing requirements for Class II wells. (NRS 445A.425, 445A.465) To determine the logging and testing requirements for Class II wells, the Director will consider: 1. For surface casing intended to protect underground sources of dr…

NAC 445A.911 Limitations on location and pressure of injection; authorizing fracturing in zone for injection. (NRS 445A.425, 445A.465) 1. The pressure for injection at the wellhead of an injection well must not exceed that which is calculated to initiate new fractures or propagat…

NAC 445A.912 Analysis of injected fluid. (NRS 445A.425, 445A.465, 445A.660) The chemical, physical and biological nature of the injected fluid must be analyzed with sufficient frequency to yield representative data on its characteristics. When requested by the Director, or at any…

NAC 445A.913 Frequency of monitoring. (NRS 445A.425, 445A.465, 445A.660) The pressure of injection, pressure of the annular space between the tubing and the casing, rate of flow and cumulative volume of injected fluid must be monitored at least: 1. Once each week for the disposal…

NAC 445A.914 Placement of wells for monitoring Class III wells. (NRS 445A.425, 445A.465, 445A.660) For Class III wells the Director may require that monitoring wells be completed in the zone for injection and in any underground source of drinking water above the zone for injectio…

NAC 445A.915 Analysis of wells for monitoring Class III wells. (NRS 445A.425, 445A.465, 445A.660) Wells used to monitor the movement of injected fluids or fluids in or around a Class III injection well must be sampled and analyzed at least once each month. (Added to NAC by Enviro…

NAC 445A.916 Tests for mechanical integrity: Frequency. (NRS 445A.425, 445A.465, 445A.660) Tests to demonstrate mechanical integrity must be conducted at least once each 5 years for the life of an injection well. The Director may require such tests more frequently if conditions o…

NAC 445A.917 Tests for mechanical integrity: Methods for evaluating absence of leaks. (NRS 445A.425, 445A.465, 445A.660) One of the following methods must be used in the test for mechanical integrity to evaluate the absence of significant leaks in the casing, tubing or packer: 1.…

NAC 445A.918 Tests for mechanical integrity: Methods for determining absence of movement of fluid. (NRS 445A.425, 445A.465, 445A.660) One of the following methods must be used in the test for mechanical integrity to determine the absence of significant movement of fluid into an u…