CHAPTER 445A - WATER CONTROLS

NAC 445A.434 Minimum design criteria: Leach pads and other nonimpounding surfaces designed to contain and promote horizontal flow of process fluids. (NRS 445A.425, 445A.465) Leach pads and other nonimpounding surfaces which are designed to contain, not impound, process fluids and…

NAC 445A.435 Minimum design criteria: Ponds. (NRS 445A.425, 445A.465) 1. All ponds which are intended to contain process fluids must have a primary synthetic liner and a secondary liner. Between the liners there must be a material which has the ability to rapidly transport any fl…

NAC 445A.436 Minimum design criteria: Vats, tanks and other containers which confine process fluids. (NRS 445A.425, 445A.465) Vats, tanks and other containers which confine process fluids and can be inspected for leaks visually do not require double liners if an area for secondar…

NAC 445A.437 Minimum design criteria: Tailings impoundments. (NRS 445A.425, 445A.465) 1. A tailings impoundment must utilize a system of containment equivalent to: (a) Twelve inches of recompacted native, imported, or amended soils which have an in place recompacted coefficient o…

NAC 445A.438 Minimum design criteria: Liners. (NRS 445A.425, 445A.465) 1. When placed on native materials, soil liners must have a minimum thickness of 12 inches and be compacted in lifts which are no more than 6 inches thick. Except when used in tailing impoundments, a soil line…

NAC 445A.439 Program required to control quality of construction of liner systems. (NRS 445A.425, 445A.465) A quality assurance and quality control program must be developed and carried out for the construction of all liner systems. A summary of the quality control data must be s…

NAC 445A.440 Monitoring: Site of facility. (NRS 445A.425, 445A.465) 1. The program to monitor the site of a facility must be designed to monitor the quality of all ground and surface water which may be affected by the facility. The type, number and location of the monitoring poin…

NAC 445A.441 Monitoring: Procedure upon variation in parameter or element being monitored. (NRS 445A.425, 445A.465) If the Department determines that there has been a variation in a parameter or element being monitored by the site-monitoring system as required in NAC 445A.440 whi…

NAC 445A.442 Monitoring: Process components. (NRS 445A.425, 445A.465) 1. The Department shall determine the extent and complexity to which the holder of a permit must monitor individual process components for the release of contaminants after reviewing site and process controlled…

NAC 445A.443 Monitoring: Beneficiation process. (NRS 445A.425, 445A.465) Monitoring of the beneficiation process must include the routine characterization of those process materials which will be disposed. The data obtained must be used by the holder of the permit to evaluate per…

NAC 445A.444 Examples of planned and unplanned temporary closures. (NRS 445A.425, 445A.465) 1. The following are examples of planned temporary closures which have specific conditions defining their beginning and end: (a) Seasonal closures because of normal weather cycles. (b) Int…

NAC 445A.4445 Unplanned or planned temporary closure: Authority of Department. (NRS 445A.425, 445A.465) If the Department is notified or otherwise becomes aware of any unplanned or planned temporary closure at a facility where the associated process fluids are not being managed i…

NAC 445A.445 Procedure upon unplanned temporary closure of process component; effect of failure to inform Department. (NRS 445A.425, 445A.465) 1. In the event of an unplanned temporary closure of one or more process components, the holder of the permit shall: (a) Within 30 days a…

NAC 445A.446 Permanent closure of facility or a source at facility. (NRS 445A.425, 445A.430, 445A.465) 1. The permanent closure of a facility or a source at a facility, as applicable, must be initiated: (a) Following the request of the holder of the permit; (b) For a facility whi…

NAC 445A.447 Plans for permanent closure required for all sources at facility; sources not classified as process components; revision of final plan required under certain circumstances. (NRS 445A.425, 445A.465) 1. Plans for permanent closure are required for all sources at a faci…

NAC 445A.450 Definitions. (NRS 445A.860) As used in NAC 445A.450 to 445A.5405, inclusive, unless the context otherwise requires: 1. “Commission” has the meaning ascribed to it in NRS 445A.8075. 2. “District board of health” has the meaning ascribed to it in NRS 445A.812. 3. “Divi…

NAC 445A.451 Applicability. (NRS 445A.855, 445A.860) The provisions of NAC 445A.450 to 445A.492, inclusive, apply to all public water systems unless a public water system: 1. Consists only of distribution and storage facilities and does not have any production, collection or trea…

NAC 445A.452 Construction. (NRS 445A.855, 445A.860) 1. Nothing contained in NAC 445A.450 to 445A.492, inclusive, may be interpreted to circumvent any of those sections to make them less effective. 2. If more than one interpretation exists for a section, the more restrictive inter…

NAC 445A.4525 Adoption by reference of certain provisions of federal regulations. (NRS 445A.855, 445A.860, 445A.863) 1. The provisions of 40 C.F.R. §§ 141.1, 141.2, 141.4 to 141.42, inclusive, subsections (a) and (d) of § 141.43, §§ 141.60 to 141.722, inclusive, and 141.851 to 14…

NAC 445A.453 Primary standards: Requirements. (NRS 445A.855, 445A.860, 445A.863) All public water systems must meet the requirements of NAC 445A.450 to 445A.5405, inclusive, and of the “National Primary Drinking Water Regulations,” and related federal regulations applicable to pu…

NAC 445A.454 Primary standards: Monitoring and analysis. (NRS 445A.855, 445A.860, 445A.863) 1. The monitoring requirements for the primary standards set forth in NAC 445A.453 must be performed as required by 40 C.F.R. §§ 141.21 to 141.29, inclusive, 141.40, 141.41, 141.42, 141.74…

NAC 445A.455 Secondary standards: General requirements. (NRS 445A.855, 445A.860) 1. Secondary maximum contaminant levels, which apply to public water systems, are listed in the following table: Constituent or Indicator Secondary Maximum Contaminant Level (milligrams/Liter or mg/L…

NAC 445A.456 Secondary standards: Monitoring; reports; public notice; plan to return water system to compliance. (NRS 445A.855, 445A.860) 1. The secondary maximum contaminant levels must be monitored annually for public water systems which have surface water sources or groundwate…

NAC 445A.457 Secondary standards: Analysis. (NRS 445A.855, 445A.860) Any analysis conducted to determine compliance with NAC 445A.455 must be made in accordance with: 1. The method for the selected contaminant or contaminants in the drinking water listed in NAC 445A.542 to 445A.5…

NAC 445A.458 Conduct of analysis. (NRS 445A.855, 445A.860, 445A.863) 1. Except as otherwise provided in this section, each analysis required by NAC 445A.4525 to 445A.457, inclusive, must be performed by a laboratory certified pursuant to NAC 445A.542 to 445A.54296, inclusive. 2. …

NAC 445A.459 Methods of obtaining samples of water. (NRS 445A.855, 445A.860) 1. Samples of water taken for the purpose of a complete chemical analysis must be taken as provided in this section. 2. A sample taken to analyze levels of components not requiring preservation must be c…

NAC 445A.4655 Sanitary surveys: Frequency. (NRS 445A.855, 445A.860) 1. The Division or the appropriate district board of health shall conduct a sanitary survey on all public water systems. 2. All public water systems using surface water or groundwater under the direct influence o…

NAC 445A.4665 Sanitary surveys: Significant deficiencies. (NRS 445A.855, 445A.860) 1. Any significant deficiency noted in a sanitary survey must be addressed in writing to the Division or to the appropriate district board of health and must include a proposed implementation plan …

NAC 445A.4845 Consumer confidence reports. (NRS 445A.855, 445A.860) Each community public water system shall deliver to its customers on an annual basis consumer confidence reports which contain information on the quality of the water delivered by the system in accordance with th…

NAC 445A.485 Notification requirements. (NRS 445A.855, 445A.860) 1. The owner or operator of a public water system shall provide notice to the Division or the appropriate district board of health of the occurrence of any of the events listed in NAC 445A.538, in accordance with th…

NAC 445A.487 Variances: General conditions and procedure for granting. (NRS 445A.855, 445A.860) 1. The Commission may grant a variance from a primary drinking water regulation to a public water system which cannot meet a requirement respecting a maximum contaminant level specifie…

NAC 445A.4872 Variances: Small water systems. (NRS 445A.855, 445A.860) 1. The Commission may grant a variance, subject to the provisions of subsection 2, for compliance with a requirement specifying a maximum contaminant level or treatment technique to: (a) Public water systems s…

NAC 445A.4876 Variances: Application; payment of costs. (NRS 445A.855, 445A.860) 1. A person seeking a variance from the provisions of NAC 445A.450 to 445A.492, inclusive, must: (a) Submit an application for the variance to the Secretary of the Commission; and (b) Submit a paymen…

NAC 445A.488 Variances: Prescription of additional control measures and schedules for compliance. (NRS 445A.855, 445A.860) 1. The Commission will, when it grants a variance to a public water system pursuant to NAC 445A.487 or 445A.4872, prescribe: (a) A schedule for compliance, i…

NAC 445A.489 Exemptions: General conditions and procedure for granting. (NRS 445A.855, 445A.860) 1. The Commission may grant an exemption from any requirement respecting a maximum contaminant level or treatment technique of an applicable primary drinking water regulation to: (a) …

NAC 445A.490 Exemptions: Prescription of control measures and schedules for compliance; additional requirements. (NRS 445A.855, 445A.860) 1. The Commission will, when it grants an exemption to a public water system, prescribe: (a) A schedule for compliance, including increments o…

NAC 445A.491 Variances and exemptions: Appeals. (NRS 445A.855, 445A.860) 1. Any supplier of water who feels aggrieved by the action of the Division or the appropriate district board of health in approving or approving with modifications any schedule for compliance or effectuation…

NAC 445A.492 Severability. (NRS 445A.860) If any of the provisions of NAC 445A.450 to 445A.5405, inclusive, or any application thereof to any person, thing or circumstance is held invalid, it is intended that such invalidity not affect the remaining provisions, or their applicati…

NAC 445A.495 Definitions. (NRS 445A.860) As used in NAC 445A.495 to 445A.5405, inclusive, unless the context otherwise requires: 1. The words and terms defined in NAC 445A.4957 to 445A.516, inclusive, have the meanings ascribed to them in those sections; and 2. The words and term…

NAC 445A.4957 “Bin classification” defined. (NRS 445A.860) “Bin classification” means a category number, ranging from 1 to 4, that specifies the required degree of Cryptosporidium treatment. (Added to NAC by Environmental Comm’n by R194-08, eff. 10-27-2009)

NAC 445A.4963 “Composite correction program” defined. (NRS 445A.860) “Composite correction program” means a program that includes: 1. A comprehensive performance evaluation. 2. Comprehensive technical assistance. (Added to NAC by Environmental Comm’n by R194-08, eff. 10-27-2009)

NAC 445A.4965 “Comprehensive performance evaluation” defined. (NRS 445A.860) “Comprehensive performance evaluation” means a thorough review and analysis of the performance-based capabilities and associated administrative, operational and maintenance practices of a plant which is …

NAC 445A.4967 “Comprehensive technical assistance” defined. (NRS 445A.860) “Comprehensive technical assistance” means the performance improvement phase of a composite correction program which is implemented if the results of a comprehensive performance evaluation indicate the pot…

NAC 445A.497 “Concentration of residual disinfectant” defined. (NRS 445A.860) “Concentration of residual disinfectant” means the concentration of disinfectant, measured in milligrams per liter, in a representative sample of water. (Added to NAC by Bd. of Health, eff. 11-29-90)—(S…

NAC 445A.498 “Concentration times time” defined. (NRS 445A.860) “Concentration times time” means the product of the concentration of residual disinfectant in milligrams per liter of water that is determined before or at the point the water reaches the first customer served in the…

NAC 445A.5065 “Filtered system” defined. (NRS 445A.860) “Filtered system” means a public water system that meets the requirements of NAC 445A.521 and uses filtration as a method of treatment for microbial contamination. (Added to NAC by Environmental Comm’n by R194-08, eff. 10-27…

NAC 445A.508 “Heterotrophic plate count” defined. (NRS 445A.860) “Heterotrophic plate count” means the measurement of the total number of viable bacteria which use organic material as their carbon source in a sample of water. (Added to NAC by Bd. of Health, eff. 11-29-90)—(Substi…