CHAPTER 445A - WATER CONTROLS

NAC 445A.338 Memoranda of understanding. (NRS 445A.425, 445A.570) 1. To ensure proper compliance with the provisions of NAC 445A.305 to 445A.340, inclusive, a municipality having delegated authority to control diffuse sources may execute memoranda of understanding with federal an…

NAC 445A.339 Permit to construct or grade. (NRS 445A.425, 445A.570) 1. As a condition of the issuance and validity of any permit or other authorization for construction or grading, a county or city must require that practices be used to prevent, eliminate or reduce water pollutio…

NAC 445A.340 Logging permits and certificates for timberland conversion. (NRS 445A.425, 445A.570) 1. All logging permits and timberland conversion certificates issued by the State Forester Firewarden, must, as a condition for issuance and validity thereof, require the use of prac…

NAC 445A.342 Fees for review of tentative and final maps. (NRS 445A.425, 445A.430) 1. A nonrefundable fee in an amount equal to $100 plus $1 for each lot included in the map must accompany each tentative map submitted to the Division for review pursuant to NRS 278.335. 2. A nonre…

NAC 445A.345 Definitions. (NRS 445A.425, 445A.660) As used in NAC 445A.345 to 445A.348, inclusive, unless the context otherwise requires, the words and terms defined in NAC 445A.3451 to 445A.3459, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by E…

NAC 445A.3451 “Confirmed release from an underground storage tank” defined. (NRS 445A.425, 445A.660) “Confirmed release from an underground storage tank” means an actual or presumed underground release that is discovered by: 1. A test to determine the tightness of an underground …

NAC 445A.3452 “Facility” defined. (NRS 445A.425, 445A.660) “Facility” means any: 1. Building, structure, installation, equipment, pipe, including the pipe into a sanitary or storm sewer or publicly owned treatment works, pipeline, well, pit, pond, lagoon, impoundment, ditch, land…

NAC 445A.3453 “Groundwater” defined. (NRS 445A.425, 445A.660) “Groundwater” means all subsurface water comprising the zone of saturation, including perched water. (Added to NAC by Environmental Comm’n by R125-07, eff. 1-30-2008)

NAC 445A.3454 “Hazardous substance” defined. (NRS 445A.425, 445A.660) “Hazardous substance” includes, without limitation: 1. A contaminant as defined in NRS 445A.325; 2. A hazardous material as defined in NRS 459.7024; 3. A hazardous substance as defined in 40 C.F.R. Part 302; 4.…

NAC 445A.3455 “Other surfaces of land” defined. (NRS 445A.425, 445A.660) “Other surfaces of land” means rock, gravel, road base, compacted soil, asphalt, pavement or concrete. The term does not include a surface that is engineered to prevent a release of a hazardous substance int…

NAC 445A.34555 “Public water system” defined. (NRS 445A.425, 445A.660) “Public water system” has the meaning ascribed to it in NRS 445A.235. (Added to NAC by Environmental Comm’n by R125-07, eff. 1-30-2008)

NAC 445A.3456 “Release” defined. (NRS 445A.425, 445A.660) “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injection, escaping, leaching, dumping or disposing into the environment. (Added to NAC by Environmental Comm’n by R125-07, eff. 1-3…

NAC 445A.3457 “Surface water” defined. (NRS 445A.425, 445A.660) “Surface water” means all water open to the atmosphere and subject to surface runoff. (Added to NAC by Environmental Comm’n by R125-07, eff. 1-30-2008)

NAC 445A.3458 “Underground storage tank” defined. (NRS 445A.425, 445A.660) “Underground storage tank” means a tank or tanks which are used to contain a hazardous substance and which are at least 10 percent below the surface of the ground. The term includes any underground pipes c…

NAC 445A.3459 “Vulnerable resource” defined. (NRS 445A.425, 445A.660) “Vulnerable resource” means: 1. Any building or other structure that is used primarily to house or provide services to children, elderly persons or sick persons, including, without limitation, a school, day car…

NAC 445A.346 Applicability. (NRS 445A.425, 445A.660) NAC 445A.345 to 445A.348, inclusive, do not apply to: 1. Any release resulting in exposure to an employee solely within an indoor place of employment for which the employee may assert a claim against his or her employer. 2. Emi…

NAC 445A.347 Notification required within 1 working day. (NRS 445A.425, 445A.660, 459.485) Any person who owns or operates a facility, or the person’s designated agent, shall notify the Director not later than the first working day after he or she has knowledge of a release of a …

NAC 445A.3473 Notification required as soon as practicable. (NRS 445A.425, 445A.660, 459.485) 1. Any person who owns or operates a facility, or the person’s designated agent, shall notify the Director as soon as practicable after he or she notifies any emergency response agencies…

NAC 445A.3475 Provision of notice. (NRS 445A.425, 445A.660, 459.485) Any notice of a release of a hazardous substance required to be provided to the Director: 1. Pursuant to NAC 445A.347 may be: (a) Provided via the online reporting system available at the Internet website http:/…

NAC 445A.348 Use of information in criminal prosecution. (NRS 445A.425) Any notice received pursuant to NAC 445A.347 or 445A.3473 or any information obtained from the investigation of the release reported in the notice must not be used against the person giving the notice in any …

NAC 445A.350 Definitions. (NRS 445A.425, 445A.465) As used in NAC 445A.350 to 445A.447, inclusive, unless the context otherwise requires, the words and terms defined in NAC 445A.351 to 445A.385, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Env…

NAC 445A.351 “Area of review” defined. (NRS 445A.425, 445A.465) “Area of review” means the area surrounding a facility which is to be evaluated. (Added to NAC by Environmental Comm’n, eff. 9-1-89)—(Substituted in revision for NAC 445.24202)

NAC 445A.352 “As-built drawings” defined. (NRS 445A.425, 445A.465) “As-built drawings” means engineering drawings which reflect all changes made from original engineering drawings during the construction of a facility so that a representation of the facility as constructed is por…

NAC 445A.353 “Beneficiation” defined. (NRS 445A.425, 445A.465) “Beneficiation” means the dressing or processing of ores for: 1. Regulating the size of a desired product; 2. Removing unwanted constituents; and 3. Improving the quality, purity or assay grade of a desired product. (…

NAC 445A.354 “Best engineering judgment” defined. (NRS 445A.425, 445A.465) “Best engineering judgment” means that decision by the Department which, after evaluating the available alternatives and levels of technology presented by the applicant, results in an acceptable design for…

NAC 445A.355 “Commission” defined. (NRS 445A.425, 445A.465) “Commission” means the State Environmental Commission. (Added to NAC by Environmental Comm’n, eff. 9-1-89)—(Substituted in revision for NAC 445.2421)

NAC 445A.356 “Contaminant” defined. (NRS 445A.425, 445A.465) “Contaminant” has the meaning ascribed to it in NRS 445A.325. (Added to NAC by Environmental Comm’n, eff. 9-1-89)—(Substituted in revision for NAC 445.24212)

NAC 445A.357 “Degrade” defined. (NRS 445A.425, 445A.465) “Degrade” means to alter the physical or chemical properties of or to cause a change in the concentration of any substance in the waters of the State in violation of the standards established pursuant to NAC 445A.424. (Adde…

NAC 445A.358 “Department” defined. (NRS 445A.425, 445A.465) “Department” means the State Department of Conservation and Natural Resources. (Added to NAC by Environmental Comm’n, eff. 9-1-89)—(Substituted in revision for NAC 445.24216)

NAC 445A.3585 “Director” defined. (NRS 445A.425, 445A.465) “Director” has the meaning ascribed to it in NRS 445A.340. (Added to NAC by Environmental Comm’n by R046-18, eff. 8-30-2018)

NAC 445A.359 “Facility” defined. (NRS 445A.425, 445A.465) “Facility” means all portions of a mining operation, including, without limitation, the mine, waste rock piles, ore piles, beneficiation process components, processed ore disposal sites, and all associated buildings and st…

NAC 445A.360 “Fluid management system” defined. (NRS 445A.425, 445A.465) “Fluid management system” means that portion of a facility which has been constructed to contain or transport process fluids. (Added to NAC by Environmental Comm’n, eff. 9-1-89)—(Substituted in revision for …

NAC 445A.361 “Groundwater” defined. (NRS 445A.425, 445A.465) “Groundwater” means all subsurface water comprising the zone of saturation, including perched zones of saturation, which could produce usable water. (Added to NAC by Environmental Comm’n, eff. 9-1-89)—(Substituted in re…

NAC 445A.362 “Liner” defined. (NRS 445A.425, 445A.465) “Liner” means a continuous layer of man-made or reconstructed natural materials, or a combination thereof which restricts the downward or lateral movement of liquids. (Added to NAC by Environmental Comm’n, eff. 9-1-89)—(Subst…

NAC 445A.363 “Meteoric waters” defined. (NRS 445A.425, 445A.465) “Meteoric waters” means any form of precipitation falling from the earth’s atmosphere. (Added to NAC by Environmental Comm’n, eff. 9-1-89)—(Substituted in revision for NAC 445.24226)

NAC 445A.364 “Mining” defined. (NRS 445A.425, 445A.465) “Mining” means the process of extracting ores from the earth. (Added to NAC by Environmental Comm’n, eff. 9-1-89)—(Substituted in revision for NAC 445.24228)

NAC 445A.3645 “Mitigate” or “mitigation” defined. (NRS 445A.425, 445A.465) “Mitigate” or “mitigation” includes, without limitation: 1. Avoiding the potential degradation of waters of the State by taking or not taking a certain action or parts of an action; 2. Minimizing the degra…

NAC 445A.365 “Modify materially” defined. (NRS 445A.425, 445A.465) “Modify materially” means to make: 1. A change in the design or location of a process component, or the characteristics of the waste stream which significantly alters the potential to degrade the waters of the Sta…

NAC 445A.366 “Ore” defined. (NRS 445A.425, 445A.465) “Ore” means the naturally occurring material from which a metallic mineral of economic value can be extracted. (Added to NAC by Environmental Comm’n, eff. 9-1-89)—(Substituted in revision for NAC 445.24232)

NAC 445A.367 “Permanent closure” defined. (NRS 445A.425, 445A.465) “Permanent closure” means the time in the life of a facility when activities for the final stabilization, removal or mitigation of sources are undertaken. (Added to NAC by Environmental Comm’n, eff. 9-1-89; A by R…

NAC 445A.368 “Permit” defined. (NRS 445A.425, 445A.465) “Permit” means a written document issued pursuant to NRS 445A.300 to 445A.730, inclusive, which describes the responsibilities and obligations of the holder of the permit during the construction, operation, temporary or perm…

NAC 445A.369 “Person” defined. (NRS 445A.425, 445A.465) “Person” has the meaning ascribed to it in NRS 445A.390. (Added to NAC by Environmental Comm’n, eff. 9-1-89)—(Substituted in revision for NAC 445.24238)

NAC 445A.371 “Placer mining” defined. (NRS 445A.425, 445A.465) “Placer mining” means the extraction and processing of ores solely by gravity separation methods. (Added to NAC by Environmental Comm’n, eff. 9-1-89)—(Substituted in revision for NAC 445.24242)

NAC 445A.372 “Point source” defined. (NRS 445A.425, 445A.465) 1. “Point source” has the meaning ascribed to it in NRS 445A.395. 2. The term includes wheeled, track, stationary or floating equipment used for earth-moving activity from which pollutants are or may be discharged. (Ad…

NAC 445A.373 “Pollutant” defined. (NRS 445A.425, 445A.465) “Pollutant” has the meaning ascribed to it in NRS 445A.400. (Added to NAC by Environmental Comm’n, eff. 9-1-89)—(Substituted in revision for NAC 445.24246)

NAC 445A.374 “Pond” defined. (NRS 445A.425, 445A.465) “Pond” means a process component which stores, confines or otherwise significantly impedes the horizontal movement of process fluids. The term does not include tailings impoundments, vats, tanks or other nonearthen containers.…

NAC 445A.3745 “Post-closure monitoring” defined. (NRS 445A.425, 445A.465) “Post-closure monitoring” means the period of time required for monitoring of a facility following the permanent closure of that facility. (Added to NAC by Environmental Comm’n by R046-18, eff. 8-30-2018)