CHAPTER 445A - WATER CONTROLS

NAC 445A.303 Definitions. (NRS 445A.425, 445A.465) As used in NAC 445A.303 to 445A.3049, inclusive, unless the context otherwise requires, the words and terms defined in NAC 445A.3031 to 445A.3038, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by …

NAC 445A.3031 “Baseline water quality” defined. (NRS 445A.425, 445A.465) “Baseline water quality” means the existing water quality for each parameter of concern in the surface water or segment thereof, which has been established by the Department following the collection of not l…

NAC 445A.3033 “Effluent-dominated water” defined. (NRS 445A.425, 445A.465) “Effluent-dominated water” means a surface water or segment thereof that consists of greater than 80 percent wastewater effluent for at least 300 days in a 365-day period. (Added to NAC by Environmental Co…

NAC 445A.3035 “Interim baseline value” defined. (NRS 445A.425, 445A.465) “Interim baseline value” means the interim estimate of the baseline water quality for each parameter of concern in the surface water or segment thereof, which has been established by the Department following…

NAC 445A.3037 “Parameter of concern” defined. (NRS 445A.425, 445A.465) “Parameter of concern” means a parameter with a water quality standard set forth in NAC 445A.11704 to 445A.2234, inclusive, or that has been determined by the Department to be of concern. (Added to NAC by Envi…

NAC 445A.3038 “Requirement to maintain existing higher water quality” defined. (NRS 445A.425, 445A.465) “Requirement to maintain existing higher water quality” means a water quality standard established by the Commission for a parameter of concern in a surface water or segment th…

NAC 445A.3039 Applicability. (NRS 445A.425, 445A.465) The provisions of NAC 445A.303 to 445A.3049, inclusive, do not apply to any activity which may result in the temporary or limited degradation of water quality if the Director determines that the activity is necessary: 1. To ac…

NAC 445A.304 Levels of antidegradation protection; applicability. (NRS 445A.425, 445A.465) For the purposes of NAC 445A.303 to 445A.3049, inclusive: 1. A tier 1 level of antidegradation protection: (a) Applies when: (1) The baseline water quality or interim baseline value of a su…

NAC 445A.3041 Tier 1 level of antidegradation protection. (NRS 445A.425, 445A.465) If a parameter of concern in a surface water or segment thereof is designated as having a tier 1 level of antidegradation protection, the Department: 1. Shall maintain and protect the water quality…

NAC 445A.3042 Tier 2 level of antidegradation protection. (NRS 445A.425, 445A.465) If a parameter of concern in a surface water or segment thereof is designated as having a tier 2 level of antidegradation protection, the Department: 1. Shall, except as otherwise provided in subse…

NAC 445A.3043 Tier 2.5 level of antidegradation protection. (NRS 445A.425, 445A.465) If a surface water or segment thereof is designated by the Commission, pursuant to NAC 445A.1225, as having a tier 2.5 level of antidegradation protection, the Department: 1. Shall: (a) Maintain …

NAC 445A.3044 Tier 3 level of antidegradation protection. (NRS 445A.425, 445A.465) If a surface water or segment thereof is designated by the Commission, pursuant to NAC 445A.1225, as having a tier 3 level of antidegradation protection, the Department: 1. Shall: (a) Maintain and …

NAC 445A.3045 Antidegradation review: Discharge permit. (NRS 445A.425, 455A.465) The Department shall conduct an antidegradation review to ensure the antidegradation requirements of NAC 445A.303 to 445A.3049, inclusive, are met if a person submits an application for a permit purs…

NAC 445A.3046 Antidegradation review: Requirements. (NRS 445A.425, 445A.465) 1. An antidegradation review required pursuant to NAC 445A.3045 must: (a) Be conducted by the Department for each parameter of concern that is expected to be present in the point source discharge; and (b…

NAC 445A.3047 Antidegradation review: Analysis of alternatives; submission; public hearing; approval of permit. (NRS 445A.425, 445A.465, 445A.565) 1. If the antidegradation review conducted by the Department pursuant to NAC 445A.3045 and 445A.3046 determines that the discharge fo…

NAC 445A.3048 Antidegradation review: General permit. (NRS 445A.425, 445A.465, 445A.475) 1. In accordance with NAC 445A.3046, the Department shall conduct an antidegradation review before issuing a general permit to evaluate the potential impact of a discharge on the baseline wat…

NAC 445A.3049 Antidegradation review: Storm water runoff permit. (NRS 445A.425, 445A.465) If a person submits an application for a storm water runoff permit or a modification to a storm water runoff permit pursuant to NAC 445A.230 or 445A.263, the Director shall presume for the p…

NAC 445A.305 Definitions. (NRS 445A.425, 445A.570) As used in NAC 445A.305 to 445A.340, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445A.315 to 445A.370, inclusive, in NRS 445A.380 to 445A.420, inclusive, and in NAC 445A.306 to 445A.312, i…

NAC 445A.306 “Best practices” defined. (NRS 445A.425, 445A.570) “Best practices” means measures, methods of operation or practices which are reasonably designed to prevent, eliminate or reduce water pollution from diffuse sources and which are consistent with the best practices i…

NAC 445A.307 “Conservation district” defined. (NRS 445A.425, 445A.570) “Conservation district” has the meaning ascribed to it in NRS 548.032. [Environmental Comm’n, Diffuse Source Control Reg. § 1.2, eff. 10-16-80]—(Substituted in revision for NAC 445.201)

NAC 445A.308 “Conservation plan” defined. (NRS 445A.425, 445A.570) “Conservation plan” means a plan prepared in cooperation with or reviewed by a conservation district, which addresses the use, maintenance or improvement of soil, water and plant resources of the land covered by t…

NAC 445A.309 “Diffuse source” defined. (NRS 445A.425, 445A.570) “Diffuse source” includes: 1. Agricultural activity, including return flows from irrigation; 2. Silvicultural activity; 3. Mining activity; 4. Runoff from construction activities associated with buildings, roads, dam…

NAC 445A.310 “Municipality” defined. (NRS 445A.425, 445A.570) “Municipality” means a county or incorporated city. [Environmental Comm’n, Diffuse Source Control Reg. § 1.5, eff. 10-16-80]—(Substituted in revision for NAC 445.204)

NAC 445A.311 “Panel” defined. (NRS 445A.425, 445A.570) “Panel” means a body consisting of three or more members appointed by the Commission from its own membership to consider and decide appeals made to the Commission under NAC 445A.305 to 445A.340, inclusive. [Environmental Comm…

NAC 445A.312 “Resources management plan” defined. (NRS 445A.425, 445A.570) “Resources management plan” means a plan which is prepared by a federal agency administering land in consultation with the State or a municipality and which is reasonably designed to prevent, eliminate or …

NAC 445A.313 Exemptions. (NRS 445A.425, 445A.570) 1. NAC 445A.305 to 445A.340, inclusive, does not require any person to remedy, control or correct any nonconformance with standards for water quality which results exclusively from natural rather than man-made causes. 2. The follo…

NAC 445A.314 Administration of controls: Delegation of authority to city or county. (NRS 445A.425, 445A.570) 1. If the Director delegates authority to a county but not to a city within it, the county has authority throughout the entire area within its boundaries unless otherwise …

NAC 445A.315 Administration of controls by municipality: Written request to Director. (NRS 445A.425, 445A.570) 1. A municipality seeking to administer the Department’s controls of diffuse sources must submit a written request, specifying the personnel, their qualifications and th…

NAC 445A.316 Administration of controls by municipality: Jurisdiction. (NRS 445A.425, 445A.570) The municipality may apply specific measures of control only for those surface waters within its jurisdiction in which pollution from a diffuse source has been determined to contribute…

NAC 445A.317 Administration of controls by municipality: Determination of water pollution. (NRS 445A.425, 445A.570) 1. If a municipality has been delegated authority to administer controls of diffuse sources, it must establish a program to administer the controls. The municipalit…

NAC 445A.318 Administration of controls by municipality: Time to begin after determination is made. (NRS 445A.425, 445A.570) 1. A municipality must proceed to administer its program within 60 days after the date of its own determination or its receipt of notice of the Division’s …

NAC 445A.319 Administration of controls by municipality: Inspection of equipment; access to waters; notice. (NRS 445A.425, 445A.570) 1. Whenever it is necessary to enforce the provisions of NAC 445A.305 to 445A.340, inclusive, a representative of a municipality may, upon presenti…

NAC 445A.320 Administration of controls by municipality: Notice of violation; meeting with person responsible. (NRS 445A.425, 445A.570) 1. A municipality administering controls of diffuse sources must give to any person responsible for a diffuse source which is contributing to a …

NAC 445A.321 Administration of controls by municipality: Voluntary compliance. (NRS 445A.425, 445A.570) 1. The municipality may provide the person responsible, upon request, with such technical assistance and information as the person needs to prepare the plan of best practices f…

NAC 445A.322 Administration of controls by municipality: Involuntary compliance. (NRS 445A.425, 445A.570) 1. If a person notified pursuant to subsection 1 of NAC 445A.320, fails or refuses to: (a) Meet with a representative of the municipality; (b) Present to the municipality a r…

NAC 445A.323 Administration of controls by municipality: Appeal by person charged with violation. (NRS 445A.425, 445A.570) 1. If any person who is alleged to be responsible for a diffuse source contributing to a violation of standards for water quality is aggrieved by: (a) The de…

NAC 445A.324 Administration of controls by municipality: Refusal to follow approved plan; order to comply. (NRS 445A.425, 445A.570) 1. If a person who is determined to be responsible for a diffuse source contributing to a violation of standards for water quality fails or refuses …

NAC 445A.325 Determination by Division of new sources of water pollution. (NRS 445A.425, 445A.570) 1. The Division may, in cooperation with the appropriate municipality, survey, sample and test any surface water of the State already subject to a municipal program to determine the…

NAC 445A.326 New diffuse sources: Applicability of this section and NAC 445A.327 and 445A.328. (NRS 445A.425, 445A.570) This section and NAC 445A.327 and 445A.328 apply to every municipality within the State, whether or not it has put into effect a program for control of diffuse …

NAC 445A.327 New diffuse sources: Notice to municipality required. (NRS 445A.425, 445A.570) 1. After October 16, 1980, and except as provided in subsection 3, a person shall not commence any new land-disturbing activity or additional use of land which is likely to cause pollution…

NAC 445A.328 New diffuse sources: Review of notice by municipality; recommendations. (NRS 445A.425, 445A.570) 1. The municipality must review the notice within 30 days after its filing and advise the person filing it whether or not the use or activity is likely to cause water pol…

NAC 445A.329 Technical assistance. (NRS 445A.425, 445A.570) If a municipality has insufficient resources to administer a program for control of diffuse sources, it may request and to the extent feasible may be provided technical assistance from the Division. A municipality may al…

NAC 445A.330 Effect of provisions on Division, municipality. (NRS 445A.425, 445A.570) NAC 445A.305 to 445A.340, inclusive, does not: 1. Require the Division to finance or construct any facility or structure needed to carry out a plan of best practices; 2. Affect the responsibilit…

NAC 445A.331 Partial delegation of program to municipality. (NRS 445A.425, 445A.570) 1. A municipality may request that the Department delegate authority to it to administer a portion of the program. 2. Upon approval of a request for a partial delegation, the Division shall admin…

NAC 445A.332 Evaluation of program: Notification to municipality. (NRS 445A.425, 445A.570) 1. The Division shall periodically evaluate the effectiveness and efficiency of the administration of the program by a municipality. 2. If the Division determines that a municipality is una…

NAC 445A.333 Evaluation of program: Remedy of problem; hearing; notice of hearing. (NRS 445A.425, 445A.570) 1. The municipality must, within the period set by the Division, remedy any problem described in subsection 2 of NAC 445A.332, by the means set forth by the Division. 2. If…

NAC 445A.334 Evaluation of program: Appeal. (NRS 445A.425, 445A.570) 1. If the municipality is aggrieved by the determination of the Division, it may appeal to the Commission for a hearing on the matter. Such an appeal must be submitted in writing to the Commission no later than …