CHAPTER 445A - WATER CONTROLS

NAC 445A.2261 “Administrator” defined. (NRS 445A.425) “Administrator” means the Administrator of the Division. (Added to NAC by Environmental Comm’n, eff. 10-3-96)

NAC 445A.22615 “Aquifer” defined. (NRS 445A.425) “Aquifer” has the meaning ascribed to it in NAC 445A.812. (Added to NAC by Environmental Comm’n, eff. 10-3-96)

NAC 445A.2262 “Corrective action” defined. (NRS 445A.425) “Corrective action” means a permanent remedy that an owner or operator is required to take after a release of a hazardous substance, hazardous waste or a regulated substance to prevent the substance or waste from posing a …

NAC 445A.22625 “Director” defined. (NRS 445A.425) “Director” means the Director of the State Department of Conservation and Natural Resources. (Added to NAC by Environmental Comm’n, eff. 10-3-96)

NAC 445A.2263 “Division” defined. (NRS 445A.425) “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (Added to NAC by Environmental Comm’n, eff. 10-3-96)

NAC 445A.22633 “Environmental covenant” defined. (NRS 445A.425) “Environmental covenant” has the meaning ascribed to it in NRS 445D.060. (Added to NAC by Environmental Comm’n by R189-08, eff. 8-25-2009)

NAC 445A.22635 “Groundwater” defined. (NRS 445A.425) “Groundwater” has the meaning ascribed to it in NAC 444.579. (Added to NAC by Environmental Comm’n, eff. 10-3-96)

NAC 445A.2264 “Hazardous substance” defined. (NRS 445A.425) “Hazardous substance” has the meaning ascribed to it in NRS 459.429. (Added to NAC by Environmental Comm’n, eff. 10-3-96)

NAC 445A.22645 “Hazardous waste” defined. (NRS 445A.425) “Hazardous waste” has the meaning ascribed to it in NAC 444.843. (Added to NAC by Environmental Comm’n, eff. 10-3-96)

NAC 445A.2265 “Operator” defined. (NRS 445A.425) “Operator” means a person in control of or having responsibility for the daily operation of a site, business or other operation where a hazardous substance, hazardous waste or a regulated substance is disposed of, used or stored. (…

NAC 445A.22655 “Owner” defined. (NRS 445A.425) “Owner” means a person who owns property where a hazardous substance, hazardous waste or a regulated substance is disposed of, used or stored. (Added to NAC by Environmental Comm’n, eff. 10-3-96)

NAC 445A.2266 “Person” defined. (NRS 445A.425) “Person” has the meaning ascribed to it in NRS 445A.390. (Added to NAC by Environmental Comm’n, eff. 10-3-96)

NAC 445A.22665 “Regulated substance” defined. (NRS 445A.425) “Regulated substance” has the meaning ascribed to it in NRS 459.448. (Added to NAC by Environmental Comm’n, eff. 10-3-96)

NAC 445A.2267 “Release” defined. (NRS 445A.425) “Release” has the meaning ascribed to it in NAC 445A.3456. (Added to NAC by Environmental Comm’n, eff. 10-3-96; A by R125-07, 1-30-2008)

NAC 445A.22675 “Remediation standard” defined. (NRS 445A.425) “Remediation standard” means the level of concentration of a hazardous substance, hazardous material or a regulated substance in soil, groundwater or surface water which corrective action is designed to achieve. (Added…

NAC 445A.2268 “Surface water” defined. (NRS 439.200, 445A.425) “Surface water” means all water open to the atmosphere and subject to surface runoff. (Added to NAC by Environmental Comm’n, eff. 10-3-96; A by Bd. of Health by R088-00, 8-3-2001)

NAC 445A.22685 Applicability. (NRS 445A.425) The provisions of NAC 445A.226 to 445A.22755, inclusive, apply to any site, business or other operation where corrective action is required, unless the corrective action is required at: 1. A facility for the treatment, storage or dispo…

NAC 445A.2269 Assessment of conditions at site of facility after notification of release of certain substances; exception. (NRS 445A.425) 1. Except as otherwise provided in this section, if the owner or operator of a facility, or his or her designated agent, is required to give n…

NAC 445A.22691 Assessment of conditions at site of facility: Division may require submission of additional information. (NRS 445A.425) The Division may require an owner or operator of a facility to submit and carry out a plan and schedule for an additional characterization of a s…

NAC 445A.22693 Contamination of soil or groundwater: Management of soil or groundwater. (NRS 445A.425) Any soil or groundwater which is contaminated with any amount of a hazardous substance, hazardous waste or a regulated substance and which is removed through a corrective action…

NAC 445A.22695 Immediate action required under certain circumstances; Director may waive certain requirements. (NRS 445A.425) 1. An owner or operator shall immediately take any action necessary to mitigate and abate imminent and substantial hazards to public health or safety crea…

NAC 445A.22697 Factors to be considered by Director in determining acceptance of action level or approval of exemption. (NRS 445A.425) In determining whether to accept an action level for soil pursuant to NAC 445A.2272 that is based on a scenario for exposure other than a standar…

NAC 445A.227 Contamination of soil: Order by Director for corrective action; factors Director may consider in determining whether corrective action is required or may be terminated. (NRS 445A.425) 1. Except as otherwise provided in subsection 2, the Director shall require an owne…

NAC 445A.22705 Contamination of soil: Evaluation of site by owner or operator; review of evaluation by Division. (NRS 445A.425) 1. Except as otherwise provided in NAC 445A.22695, if an owner or operator is required to take corrective action pursuant to NAC 445A.227, the owner or …

NAC 445A.2271 Contamination of soil: Plan and schedule for completing corrective action. (NRS 445A.425) An owner or operator who is required to take corrective action pursuant to NAC 445A.227 shall submit to the Division a plan and schedule for completing the corrective action. E…

NAC 445A.2272 Contamination of soil: Establishment of action levels. (NRS 445A.425, 445A.465) 1. For the purposes of NAC 445A.22695 to 445A.2271, inclusive, the action level for soil must be established at the following levels: (a) The background concentration or volume of a haza…

NAC 445A.22725 Contamination of groundwater: Order by Director for corrective action; request for exemption; exception. (NRS 445A.425) 1. Except as otherwise provided in this section, the Director may require an owner or operator to take corrective action if the release of a haza…

NAC 445A.2273 Contamination of groundwater: Plan and schedule for completing corrective action. (NRS 445A.425) An owner or operator who is required to take corrective action pursuant to NAC 445A.22725 shall submit to the Division a plan and schedule for completing the corrective …

NAC 445A.22735 Contamination of groundwater: Establishment of action levels. (NRS 445A.425, 445A.465) 1. For the purposes of NAC 445A.22725, 445A.2273 and 445A.2274, the action level for groundwater must be established at the following levels: (a) The presence of 1/2 inch or more…

NAC 445A.2274 Contamination of groundwater: Remediation standard. (NRS 445A.425) Unless remediation of a release may be terminated pursuant to NAC 445A.22745, the remediation standard for groundwater shall be deemed to be the action level of the groundwater. (Added to NAC by Envi…

NAC 445A.22745 Contamination of groundwater: Conditions for terminating remediation of release; monitoring. (NRS 445A.425) 1. After any corrective action required by NAC 445A.22725 involving the treatment of groundwater is begun, the owner or operator may terminate remediation of…

NAC 445A.2275 Contamination of surface water. (NRS 445A.425) 1. The Director may require an owner or operator to take corrective action if the release of a hazardous substance, hazardous waste or a regulated substance contaminates surface water and the level of contamination exce…

NAC 445A.22755 Public hearings regarding corrective action affecting more than one owner or operator. (NRS 445A.425) The Administrator may hold such hearings as he or she deems necessary to obtain public testimony regarding any corrective action required to be taken pursuant to N…

NAC 445A.228 Requirement; exemptions. (NRS 445A.425, 445A.465) 1. Except as otherwise provided in subsection 2, a person shall not discharge a pollutant from a point source into any waters of the State without obtaining a permit from the Department. 2. Although not exempted from …

NAC 445A.229 Issuance of permit prohibited in certain cases. (NRS 445A.425, 445A.465, 445A.490) In addition to the cases enumerated in NRS 445A.490, no permit may be issued which authorizes any discharge into any waters of the State: 1. Which the Secretary of the Army, acting thr…

NAC 445A.230 Application for permit. (NRS 445A.425, 445A.465) 1. Except as otherwise provided in subsection 2, any person wishing to commence future discharges of pollutants must file a complete permit application on forms provided by the Department, not less than 180 days in adv…

NAC 445A.231 Signatures required on application, reporting forms and discharge monitoring report. (NRS 445A.425, 445A.465) 1. Except as otherwise provided in subsection 3, application and reporting forms submitted to the Department must be signed by: (a) A principal executive off…

NAC 445A.232 Fees; petition for payment plan. (NRS 445A.425, 445A.430) 1. A nonrefundable application fee must accompany each original application for a permit, each application for a modification to a permit, other than a minor modification made pursuant to NAC 445A.263, and eac…

NAC 445A.2325 Fees related to mining. (NRS 445A.425, 445A.430) 1. A nonrefundable application fee must accompany each original application for a permit and each application to renew a permit for the discharges set forth in this subsection that is submitted to or required by the D…

NAC 445A.233 Determination of application prior to public notice. (NRS 445A.425, 445A.465) 1. The Department shall formulate and prepare tentative determinations regarding permit applications in advance of public notice of the proposed issuance or denial of the permit. The tentat…

NAC 445A.234 Public notice regarding permit; contents. (NRS 445A.425, 445A.465, 445A.590) 1. Public notice of every complete application for a discharge permit, except for a temporary permit or a permit for pretreatment discharge or the poisoning of trash fish, must be: (a) Unles…

NAC 445A.235 Notice to other governmental agencies. (NRS 445A.425, 445A.465, 445A.590) The Director shall notify other appropriate governmental agencies of each complete application for a permit, except for a temporary permit, and shall provide the agencies with an opportunity to…

NAC 445A.236 Fact sheets. (NRS 445A.425, 445A.465) 1. For every discharge for which public notice was required pursuant to NAC 445A.234, the Director shall prepare and, following the public notice, shall send upon request to any person a fact sheet with respect to the application…

NAC 445A.237 Public access to information; confidentiality. (NRS 445A.425, 445A.465) 1. The Director shall ensure that any application, reporting or related forms, including the draft permits prepared pursuant to subsection 1 of NAC 445A.233, or any public comment upon those form…

NAC 445A.238 Request for public hearing. (NRS 445A.425, 445A.465, 445A.595) 1. The Director shall provide an opportunity for the applicant, any affected state, any affected interstate agency, the Regional Administrator or any interested agency, person or group of persons to reque…

NAC 445A.239 Notice of public hearings: Contents of notice. (NRS 445A.425, 445A.465, 445A.595) 1. Public notice of any public hearing held pursuant to NAC 445A.070 to 445A.340, inclusive, must be provided at least as widely as was the notice of the permit application. Notice for …

NAC 445A.240 Notification of issuance or denial. (NRS 445A.425, 445A.465) 1. If a permit is issued, the applicant must be notified in writing of the specific limitations and conditions contained in the permit. A copy of the permit issued must be attached to the notification. 2. I…