CHAPTER 445A - WATER CONTROLS

NAC 445A.379 “Stabilized” defined. (NRS 445A.425, 445A.465) “Stabilized” means the condition which results when contaminants in a material are bound or contained so as to prevent them from degrading the waters of the State under the environmental conditions that may reasonably be…

NAC 445A.380 “Storm event” defined. (NRS 445A.425, 445A.465) “Storm event” means a precipitation event with a specified frequency of return and specified period of duration as defined in Precipitation-Frequency Atlas of the Western United States, vol. VII-Nevada. (Added to NAC by…

NAC 445A.381 “Tailings impoundment” defined. (NRS 445A.425, 445A.465) “Tailings impoundment” means a process component which is the final depository for processed ore discharged from a mill. (Added to NAC by Environmental Comm’n, eff. 9-1-89)—(Substituted in revision for NAC 445.…

NAC 445A.382 “Temporary closure” defined. (NRS 445A.425, 445A.465) “Temporary closure” means the cessation of the operation of a process component for more than 30 days as a result of a planned or unplanned activity. (Added to NAC by Environmental Comm’n, eff. 9-1-89)—(Substitute…

NAC 445A.383 “WAD cyanide” defined. (NRS 445A.425, 445A.465) 1. “WAD cyanide” means the weak acid dissociable cyanide concentration determined by one of the following methods: (a) ASTM D2036-082, “Standard Test Methods for Cyanides in Water,” Method C, Part 31. A copy of ASTM D20…

NAC 445A.3835 “Waste rock” defined. (NRS 445A.425, 445A.465) “Waste rock” means a naturally occurring material that is mined as part of the process to reach ore and has minimal or no economic value at the time the material is mined. (Added to NAC by Environmental Comm’n by R046-1…

NAC 445A.384 “Waters of the State” defined. (NRS 445A.425, 445A.465) “Waters of the State” has the meaning ascribed to it in NRS 445A.415. (Added to NAC by Environmental Comm’n, eff. 9-1-89)—(Substituted in revision for NAC 445.24268)

NAC 445A.385 “Zero discharge” defined. (NRS 445A.425, 445A.465) “Zero discharge” means the standard of performance for the protection of surface waters which requires the containment of all process fluids. (Added to NAC by Environmental Comm’n, eff. 9-1-89)—(Substituted in revisi…

NAC 445A.386 Adoption of publication by reference. (NRS 445A.425, 445A.465) The Department hereby adopts by reference Precipitation-Frequency Atlas of the Western United States, vol. VII-Nevada, stock number 0317-00161, prepared by the National Weather Service and National Oceani…

NAC 445A.387 Scope; effect of noncompliance. (NRS 445A.425, 445A.465) 1. NAC 445A.350 to 445A.447, inclusive, apply to facilities that have the potential to degrade the waters of the State. Surface disturbance activities such as stripping and the stockpiling of ore, when conducte…

NAC 445A.388 Appeal of action taken by Department. (NRS 445A.425, 445A.465, 445A.605) Any person aggrieved by an action taken by the Department pursuant to NAC 445A.350 to 445A.447, inclusive, may appeal to the Commission in accordance with NRS 445A.605. (Added to NAC by Environm…

NAC 445A.390 Permit required; operation under existing permit. (NRS 445A.425, 445A.465) 1. All facilities in existence on September 1, 1989, must obtain a valid permit within 3 years after September 1, 1989. 2. After July 1, 1990, no person may begin construction of a new process…

NAC 445A.391 Application for permit: Preliminary meeting with representative of Department. (NRS 445A.425, 445A.465) Before submitting an application for a permit, a prospective applicant must meet with a representative of the Department to discuss: 1. The proposed location of th…

NAC 445A.3915 Application for permit: Submission of technical document for preapplication review by Department; fee. (NRS 445A.425, 445A.430, 445A.465, 445A.495) 1. Before submitting an application for a permit or major modification of an existing permit pursuant to NAC 445A.394 …

NAC 445A.392 Application for permit: Construction or modification of process component; abbreviated application. (NRS 445A.425, 445A.465) 1. Except as otherwise provided in subsection 2, a person wishing to construct or modify materially a process component at a facility must fil…

NAC 445A.393 Application for permit: Definition of site conditions, process materials, characteristics of waste and impacts. (NRS 445A.425, 445A.465) The failure or the inability to define adequately site conditions, process materials and the probable characteristics of the waste…

NAC 445A.394 Application for permit: Submission; contents. (NRS 445A.425, 445A.465) 1. To obtain a permit to construct, operate and close permanently a facility, the owner or operator of the proposed facility or the designated agent of the owner or operator must submit to the Dep…

NAC 445A.395 Contents of application: Assessment of area of review. (NRS 445A.425, 445A.465) 1. An assessment of the area of review must include: (a) Hydrogeological and lithological information which defines the subsurface conditions of the site beneath and adjacent to all point…

NAC 445A.396 Contents of application: Meteorological report; analysis of samples; results of humidity cell test required under certain circumstances. (NRS 445A.425, 445A.465) An application for a permit must include: 1. A summary of the historical monthly averages of rainfall obt…

NAC 445A.397 Contents of application: Engineering design report; specifications for fluid management system. (NRS 445A.425, 445A.465) 1. An engineering design report must be prepared and submitted to the Department by a professional engineer registered in Nevada. The report must …

NAC 445A.398 Contents of application: Proposed operating plans; circumstances under which tentative plan for permanent closure must be updated and resubmitted. (NRS 445A.425, 445A.465) The proposed operating plans for a facility must include: 1. A description of the mineral proce…

NAC 445A.399 Preparation of plan for seasonal closure of process components. (NRS 445A.425, 445A.465) If the facility is located in an area where the mean diurnal temperature does not exceed 0 degrees Centigrade for 30 days or more a plan for the seasonal closure of the process c…

NAC 445A.400 Initial review of application and notification of applicant; failure to provide information; submission of incorrect information. (NRS 445A.425, 445A.465) 1. The Department shall, within 30 days after receiving an application for a permit, notify the applicant in wri…

NAC 445A.401 Action by Department upon application. (NRS 445A.425, 445A.465) 1. After determining that an application is procedurally complete, the Department shall, within 90 days, determine whether the application is technically complete, and prepare and issue: (a) A draft perm…

NAC 445A.402 Notice of intent to issue permit or deny application. (NRS 445A.425, 445A.465, 445A.590) 1. The Department shall, at least 30 days before the issuance of a permit or denial of an application: (a) Provide public notice in a manner intended to inform interested and pot…

NAC 445A.403 Request for hearing on application; submission of comments on draft permit. (NRS 445A.425, 445A.465, 445A.595) The applicant or any interested person may: 1. Request a public hearing on any application for a permit during the 30 days allowed for public comment if a h…

NAC 445A.404 Scheduling of public hearing on application. (NRS 445A.425, 445A.465, 445A.595) The Department: 1. Shall schedule a public hearing on an application for a permit if it determines that there is a significant degree of public interest in the matter; or 2. May schedule …

NAC 445A.405 Notice of hearing: Publication; contents. (NRS 445A.425, 445A.465, 445A.595) The Department shall cause to be published a notice for a hearing at least 30 days before the hearing in the manner prescribed by NAC 445A.402. In addition to the information required by NAC…

NAC 445A.406 Submission of testimony at hearing. (NRS 445A.425, 445A.465, 445A.595) 1. Any person may submit to the Department at a public hearing held by the Department on the application for a permit, an oral or written statement or other information which relates to the draft …

NAC 445A.407 Issuance of statement responding to comments on draft permit. (NRS 445A.425, 445A.465) If a final permit is issued, the Department shall issue a statement responding to the comments received on the matter. A copy of the statement must be sent to the applicant and per…

NAC 445A.408 Action by Director after period for public comment. (NRS 445A.425, 445A.465) Within 15 days after the end of the time for public comment regarding the issuance or renewal of a permit, the Director shall issue the final permit or provide written notice to the applican…

NAC 445A.409 Issuance and maintenance of permit; maximum term and renewal of permit. (NRS 445A.425, 445A.465, 445A.495) 1. If an application is approved, a single permit must be issued for the construction, operation and closure of the facility. A valid permit must be maintained …

NAC 445A.414 Permit for facility using physical separation methods. (NRS 445A.425, 445A.465) 1. An applicant for a permit to construct, operate and close permanently a facility which utilizes physical separation methods of concentrating ore such as placer mining methods and which…

NAC 445A.415 Granting of permit which allows lower level of engineered containment than required by minimum design criteria. (NRS 445A.425, 445A.465) After receiving a petition from an applicant, the Department may grant a permit which allows a lower level of engineered containme…

NAC 445A.4155 Conditions pursuant to which modification to design of facility with existing permit does not require new public notice; extension of term of existing permit disallowed. (NRS 445A.425, 445A.465) 1. A modification to the engineering design of a facility for which a p…

NAC 445A.416 Minor modification of existing permit; modification of operating plans. (NRS 445A.425, 445A.465, 445A.600) 1. A minor modification to an existing permit does not require a new public notice. 2. A minor modification to an existing permit may not extend the term of the…

NAC 445A.417 Major modification of existing permit. (NRS 445A.425, 445A.465, 445A.600) 1. A major modification to an existing permit requires a public notice. 2. A major modification to an existing permit may extend the term of the permit for not more than 5 years. 3. For the pur…

NAC 445A.418 Fee for modification of permit. (NRS 445A.425, 445A.430, 445A.465) 1. The fee for a minor modification to a permit described in NAC 445A.416 is one-half the amount of the renewal fee for a permit, up to a maximum fee of $10,000. 2. The fee for a major modification to…

NAC 445A.419 Transfer of permit to new owner or operator. (NRS 445A.425, 445A.465) 1. A permit may be transferred to a new owner or operator. 2. Before the ownership or operation of a facility may be transferred during the term of a permit, the holder of the permit must inform th…

NAC 445A.420 Renewal of permit: Application; operation of facility pending issuance of new permit. (NRS 445A.425, 445A.465, 445A.495) 1. A permit may be renewed by the Department if the holder of the permit submits an application to renew the permit. The application must: (a) Be …

NAC 445A.424 Limitations on degradation of water; exemptions. (NRS 445A.425, 445A.465) 1. A facility, regardless of size or type, may not degrade the waters of the State to the extent that: (a) The quality of surface water is lowered below that allowed by NRS 445A.565. (b) For gr…

NAC 445A.425 Process components in existence on September 1, 1989: Standards; additional monitoring. (NRS 445A.425, 445A.465) 1. A process component in existence on September 1, 1989, is not required to meet more stringent engineering containment standards during the design life …

NAC 445A.426 Notice of intent to commence active operation of process component. (NRS 445A.425, 445A.465) At least 30 days before the introduction of process solutions into a new process component or an existing process component which has been materially modified, the holder of …

NAC 445A.427 Duties of holder of permit upon construction or modification of process component or monitoring system. (NRS 445A.425, 445A.465) Within 30 days after completing construction on a new process component or monitoring system specified in the permit or materially modifyi…

NAC 445A.428 Level of containment required for placer mining facilities. (NRS 445A.425, 445A.465) For placer mining facilities, the level of containment required by the Department for process fluids will depend upon the characteristics of the ore and process water. (Added to NAC …

NAC 445A.429 Procedures required to prevent release of contaminants; requirements concerning impoundments; application for beneficial use. (NRS 445A.425, 445A.465) 1. The holder of the permit must institute appropriate procedures to ensure that all mined areas do not release cont…

NAC 445A.430 Stabilization of spent ore. (NRS 445A.425, 445A.465) 1. Spent ore which has been left on pads or which will be removed from a pad must first demonstrate stability of the discharge effluent from the pads or from the spent ore such that: (a) WAD cyanide levels in the e…