CHAPTER 445A - WATER CONTROLS

NAC 445A.244 Schedules of compliance. (NRS 445A.425, 445A.465, 445A.600) 1. In addition to the application of the water quality standards and limitations and other legally applicable requirements pursuant to subsection 3 of NAC 445A.243, the Director shall adhere to the following…

NAC 445A.245 Verification of water quality. (NRS 445A.425, 445A.465) 1. In any case, where an issued permit applies, the effluent standards and limitations described in paragraphs (a), (b) and (c) of subsection 3 of NAC 445A.243, the Director shall state that the discharge author…

NAC 445A.247 Entry and inspection of premises; sampling; copying of records. (NRS 445A.425, 445A.465, 445A.655) The holder of the permit shall allow the Director or the authorized representative of the Director, upon the presentation of his or her credentials: 1. To enter upon th…

NAC 445A.248 Cost of testing and sampling borne by discharger. (NRS 445A.425, 445A.465) The cost of all testing and sampling as may be required and specified in a permit or order by the Department must be provided and paid for by the discharger. [Environmental Comm’n, Water Pollu…

NAC 445A.249 Procedures to monitor, record and report. (NRS 445A.425, 445A.465) The Director shall use procedures consistent with any national monitoring, recording and reporting requirements specified by the Administrator in regulations issued pursuant to the Act. [Environmental…

NAC 445A.250 Monitoring. (NRS 445A.425, 445A.465) 1. Any discharge authorized by a permit may be subject to such monitoring requirements as may be reasonably required by the Director including the installation, use and maintenance of monitoring equipment or methods, including, wh…

NAC 445A.251 Recording of results of monitoring. (NRS 445A.425, 445A.465, 445A.660) The Director shall specify the following recording requirements for any permit which requires monitoring of the authorized discharge: 1. The holder of the permit shall maintain records of all info…

NAC 445A.252 Periodic reporting of results of monitoring. (NRS 445A.425, 445A.465, 445A.660) The Director shall require periodic reporting, at a frequency of not less than once per year, on the proper reporting form of monitoring results obtained by a holder of a permit pursuant …

NAC 445A.253 Disposal of pollutants into wells. (NRS 445A.425, 445A.465) 1. Any disposal of pollutants into wells must be regulated to protect the public health and welfare and to prevent pollution of the ground and surface water resources of the State. 2. If an applicant for a p…

NAC 445A.254 Standards for pretreatment; adoption by reference; inspection. (NRS 445A.425, 445A.465, 445A.655) 1. Any person who discharges a pollutant into any waters of this State or into a publicly owned treatment works shall comply with the appropriate standards for pretreatm…

NAC 445A.255 Discharge from publicly owned treatment works: Notice to Director. (NRS 445A.425, 445A.465, 445A.505) 1. If the permit is for a discharge from a publicly owned treatment works, the holder of the permit shall provide notice to the Director of: (a) Any new introduction…

NAC 445A.256 Discharge from publicly owned treatment works capable of administering pretreatment program. (NRS 445A.425, 445A.465, 445A.525) 1. If the permit is for a discharge from a publicly owned treatment works capable of administering a pretreatment program as determined by …

NAC 445A.257 Discharge from publicly owned treatment works without pretreatment program. (NRS 445A.425, 445A.465, 445A.525) 1. Any industrial user who discharges into a publicly owned treatment works that does not have a state approved pretreatment program may be granted a permit…

NAC 445A.258 Consistency of discharges with terms and conditions of permit; expansion of facilities, increase in production or modification of process. (NRS 445A.425, 445A.465, 445A.505) 1. All discharges authorized by the permit must be consistent with the terms and conditions o…

NAC 445A.259 Maintenance of facilities required. (NRS 445A.425, 445A.465) The holder of the permit shall at all times maintain in good working order and operate as efficiently as possible any facilities or systems of control installed by the holder to achieve compliance with the …

NAC 445A.260 Emergency powers of Director. (NRS 445A.425) In accordance with the powers granted in NRS 33.010, subsection 1 of NRS 445A.445 and NRS 445A.675 and 445A.685 to 445A.705, inclusive, the Director may take any appropriate action authorized under the law against a pollut…

NAC 445A.261 Modification, suspension or revocation of permit: Grounds. (NRS 445A.425, 445A.465, 445A.600) The permit may be modified, suspended or revoked in whole or in part for cause including, but not limited to, the following: 1. A violation of any term or condition of the p…

NAC 445A.262 Modification of permit to meet toxic effluent standard. (NRS 445A.425, 445A.465, 445A.600) If a toxic effluent standard or prohibition (including any schedule of compliance specified in the effluent standard or prohibition) is established under section 307(a) of the …

NAC 445A.263 Modification, suspension or revocation of permit: Procedure. (NRS 445A.425, 445A.465, 445A.600, 445A.605) 1. Except as otherwise provided in this section, the Director may, after notice and opportunity for a public hearing, modify, suspend or revoke any permit in who…

NAC 445A.266 Issuance of permit; notice of intent to engage in activity; location of facility approved to operate under permit; requirements for discharge. (NRS 445A.425, 445A.465, 445A.475) 1. A general permit may be issued for: (a) A discharge; (b) The reuse or ultimate disposa…

NAC 445A.267 Procedures for issuance, reissuance, denial, modification, suspension or revocation of permit. (NRS 445A.425, 445A.465, 445A.600) A general permit must be issued, reissued, denied, modified, suspended or revoked in accordance with the provisions of NAC 445A.261 and 4…

NAC 445A.268 Application for permit; request to be included in permit; fees. (NRS 445A.425, 445A.430, 445A.465, 445A.480) 1. A general permit may be issued upon proper application by a group of dischargers whose facilities meet the requirements of NAC 445A.266. The application mu…

NAC 445A.269 Notice of requirement to obtain individual permit; grant of additional time. (NRS 445A.425, 445A.465, 445A.480) 1. If the holder of a general permit is required to obtain an individual permit pursuant to NRS 445A.480, the Director must inform the holder of the requir…

NAC 445A.270 Petition for exclusion from permit; application for individual permit. (NRS 445A.425, 445A.465) 1. Any interested person may file a written petition with the Director requesting that the holder of a general permit be excluded from the general permit and be required t…

NAC 445A.271 Termination of applicability of permit upon issuance of individual permit. (NRS 445A.425, 445A.465) If an individual permit is issued to a discharger otherwise subject to a general permit, the applicability of the general permit to the individual permittee is automat…

NAC 445A.272 Termination of applicability of individual permit upon inclusion in general permit. (NRS 445A.425, 445A.465) A holder of an individual permit who is excluded from a general permit solely because he or she holds the individual permit may request that the individual pe…

NAC 445A.2723 Fees. (NRS 445A.425, 445A.430, 445A.465, 445A.480) 1. A nonrefundable application fee must accompany each original application for a general permit which is submitted to or required by the Director. The Director shall charge the following fees: Type of General Permi…

NAC 445A.273 Definitions. (NRS 445A.425, 445A.680) As used in NAC 445A.273 to 445A.2739, inclusive, unless the context otherwise requires, the words and terms defined in NAC 445A.2731 to 445A.2737, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by …

NAC 445A.2731 “Corrective action” defined. (NRS 445A.425, 445A.680) “Corrective action” means the permanent remedial action that is taken after the release of a hazardous substance, hazardous waste or regulated substance to prevent the element or chemical from posing a threat or …

NAC 445A.2732 “Cost” and “costs” defined. (NRS 445A.425, 445A.680) “Cost” or “costs” means all costs and expenses which are incurred and money which is expended by the Division and reimbursed at a later date by an owner or operator. (Added to NAC by Environmental Comm’n, eff. 10-…

NAC 445A.2733 “Fee” defined. (NRS 445A.425, 445A.680) “Fee” means an amount of money determined by the Division as an estimate of the costs and expenses that will be incurred by the Division pursuant to NAC 445A.273 to 445A.2739, inclusive, which is assessed in advance of expendi…

NAC 445A.2734 “Major corrective site” defined. (NRS 445A.425, 445A.680) “Major corrective site” means a site which: 1. Is the subject of an administrative order issued by the Division or a civil action brought by the Division against the owner or operator; 2. Is a treatment, stor…

NAC 445A.2735 “Minor corrective action site” defined. (NRS 445A.425, 445A.680) “Minor corrective action site” means a site: 1. At which the environmental contamination is relatively confined with minimal actual or potential impact on human health or the environment; 2. At which a…

NAC 445A.2736 “Operator” defined. (NRS 445A.425, 445A.680) “Operator” means a person who is in control of or has responsibility for the daily operation of a site, business or other operation where a hazardous substance, hazardous waste or a regulated substance is or has been disp…

NAC 445A.2737 “Owner” defined. (NRS 445A.425, 445A.680) “Owner” means a person who owns property on which a hazardous substance, hazardous waste or a regulated substance is or has been disposed of, used or stored. (Added to NAC by Environmental Comm’n, eff. 10-3-96)

NAC 445A.2738 Recovery of costs and fees: Minor sites; federal funding for leaking underground storage tanks; state funding. (NRS 445A.425, 445A.680, 445A.700) 1. The Division shall not seek to recover costs or fees for minor sites. 2. The Division shall seek to recover costs or …

NAC 445A.2739 Reimbursement of costs and assessment of fees: Major sites. (NRS 445A.425, 445A.680, 445A.700) The Division may seek reimbursement for costs or assess fees on a cooperative basis with the owner or operator for major sites as follows: 1. If the Division estimates tha…

NAC 445A.274 Definitions. (NRS 445A.425) As used in NAC 445A.274 to 445A.280, inclusive, unless the context otherwise requires, the words and terms defined in NAC 445A.2741 to 445A.27482, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Environmen…

NAC 445A.2741 “Area of use” defined. (NRS 445A.425) “Area of use” means a site, or an area of land, where reclaimed water is in use pursuant to NAC 445A.274 to 445A.280, inclusive. (Added to NAC by Environmental Comm’n by R063-04, eff. 10-6-2004; A by R101-16, 12-21-2016)

NAC 445A.27412 “Augmentation” defined. (NRS 445A.425) “Augmentation” has the meaning ascribed to it in NRS 534.0125. (Added to NAC by Environmental Comm’n by R101-16, eff. 12-21-2016)

NAC 445A.2742 “Buffer zone” defined. (NRS 445A.425) “Buffer zone” means a bounded area adjacent to, and surrounding, an area of use, that is subject to the provisions of NAC 445A.2756. (Added to NAC by Environmental Comm’n by R063-04, eff. 10-6-2004)

NAC 445A.27421 “Environmental buffer” defined. (NRS 445A.425) “Environmental buffer” means a naturally occurring zone that provides sufficient retention time for reclaimed water before the reclaimed water is recovered into an extraction well for potable use. (Added to NAC by Envi…

NAC 445A.27423 “Food crop” defined. (NRS 445A.425) “Food crop” means any agricultural product that is grown for human consumption. (Added to NAC by Environmental Comm’n by R101-16, eff. 12-21-2016)

NAC 445A.2743 “Graywater” defined. (NRS 445A.425) “Graywater” has the meaning ascribed to it in NAC 444.7616. (Added to NAC by Environmental Comm’n by R063-04, eff. 10-6-2004)

NAC 445A.2744 “Impoundment” defined. (NRS 445A.425) “Impoundment” means a lake, reservoir or lined holding basin. (Added to NAC by Environmental Comm’n by R063-04, eff. 10-6-2004)

NAC 445A.27441 “Indirect potable reuse” defined. (NRS 445A.425) “Indirect potable reuse” means the discharge of reclaimed water into an aquifer for the purpose of augmentation or recharge of a drinking water source where the reclaimed water travels through an environmental buffer…

NAC 445A.27443 “Log” defined. (NRS 445A.425) “Log” means the removal value measuring the ability of a treatment process to remove pathogenic microorganisms, which is determined by taking the logarithm of the ratio of pathogen concentration in the influent and effluent water of a …