Nevada Administrative Code

NAC 445A.9702 Decommissioning of system. (NRS 445A.425, 445A.515) 1. An owner or operator of an on-site sewage disposal system must decommission the on-site sewage disposal system if: (a) A community or public sewerage system becomes available and the buildings that the on-site s…

NAC 445A.9704 Systems in operation before August 26, 2008. (NRS 445A.425) 1. All on-site sewage disposal systems that are in operation before August 26, 2008, may request, by submitting a notice of intent to continue operation, a general or individual permit, as applicable, from …

NAC 445A.9706 Enforcement action for violation of regulations. (NRS 445A.425, 445A.445) 1. A person who owns or operates an on-site sewage disposal system in violation of any applicable provision of NAC 445A.950 to 445A.9706, inclusive, or the provisions of the applicable permit …

NAC 445A.974 Definitions. (NRS 445A.425, 445A.860, 445A.880) As used in NAC 445A.974 to 445A.999, inclusive, unless the context otherwise requires, the words and terms defined in NAC 445A.975 to 445A.981, inclusive, have the meanings ascribed to them in those sections. (Added to …

NAC 445A.975 “Administrator” defined. (NRS 445A.425, 445A.860, 445A.880) “Administrator” means the Administrator of the Division or his or her designee. (Added to NAC by Environmental Comm’n by R126-19, eff. 12-29-2020)

NAC 445A.977 “Certificate” defined. (NRS 445A.425, 445A.860, 445A.880) “Certificate” means a full, restricted or provisional certificate to operate a plant for sewage treatment issued pursuant to NAC 445A.2862 to 445A.293, inclusive, or a full, operator-in-training or provisional…

NAC 445A.979 “Hearing officer” defined. (NRS 445A.425, 445A.860, 445A.880) “Hearing officer” means a person appointed by the Administrator to preside over and make recommendations to the Administrator concerning any disciplinary action initiated by the Division pursuant to NAC 44…

NAC 445A.981 “Respondent” defined. (NRS 445A.425, 445A.860, 445A.880) “Respondent” means a person who has been sent a notice of hearing pursuant to NAC 445A.988. (Added to NAC by Environmental Comm’n by R126-19, eff. 12-29-2020)

NAC 445A.983 Grounds. (NRS 445A.425, 445A.860, 445A.880) In addition to any other grounds for disciplinary action provided by statute or regulation, the Division may take disciplinary action against a holder of a certificate if the holder has: 1. Engaged in fraud or deceit in obt…

NAC 445A.985 Notice of intent to take action; response; termination of action if satisfactory response provided; circumstances under which response may not be submitted. (NRS 445A.425, 445A.860, 445A.880) 1. Except as otherwise provided in NAC 445A.986, if the Division has cause …

NAC 445A.986 Immediate summary suspension of certificate; hearing. (NRS 445A.425, 445A.860, 445A.880) 1. The Division may suspend a certificate without complying with the requirements of NAC 445A.985 if the Division finds that, based upon the evidence in the possession of the Div…

NAC 445A.987 Appointment and duties of hearing officer; change of hearing officer for good cause. (NRS 445A.425, 445A.860, 445A.880) 1. Before sending a notice of hearing pursuant to NAC 445A.988, the Administrator shall appoint a hearing officer. The hearing officer: (a) Shall p…

NAC 445A.988 Notice of hearing; date of hearing. (NRS 445A.425, 445A.860, 445A.880) 1. The Division shall send a notice of hearing to the holder of a certificate if: (a) The holder does not provide a satisfactory response setting forth the reasons why the Division should not proc…

NAC 445A.989 Written notice of witnesses and exhibits; supplemental documents; exclusion. (NRS 445A.425, 445A.860, 445A.880) 1. Except as otherwise provided in subsection 2, not later than 5 days before the date of the hearing set forth in the notice of hearing sent pursuant to N…

NAC 445A.990 Requirements for motions and responses; motion to declare certain testimony and documents confidential. (NRS 445A.425, 445A.860, 445A.880) 1. All motions, unless made during a hearing, must be: (a) Made in writing; (b) Served on all parties of record by mail as evide…

NAC 445A.991 Order to file briefs. (NRS 445A.425, 445A.860, 445A.880) 1. A hearing officer may order the parties to file briefs with the hearing officer before a hearing. 2. Any brief filed with a hearing officer must be accompanied by a certificate of mailing for all parties of …

NAC 445A.992 Appearance at hearing; qualifications of attorney. (NRS 445A.425, 445A.860, 445A.880) 1. A party may appear in person at a hearing or may be represented by an attorney. 2. An attorney who represents a party at a hearing must be: (a) Admitted to practice and in good s…

NAC 445A.993 Continuance or recess. (NRS 445A.425, 445A.860, 445A.880) A hearing officer may, in his or her discretion, either before or during a hearing, grant a continuance or recess. (Added to NAC by Environmental Comm’n by R126-19, eff. 12-29-2020)

NAC 445A.994 Failure to appear; hearing without participation of respondent. (NRS 445A.425, 445A.860, 445A.880) If: 1. A respondent fails to appear at a hearing; 2. The hearing officer has not granted a continuance; 3. The Division offers proof that the respondent was given prope…

NAC 445A.995 Order of proceedings; preponderance of evidence; availability of electronic recording. (NRS 445A.425, 445A.860, 445A.880) 1. At a hearing conducted pursuant to NAC 445A.974 to 445A.999, inclusive: (a) The Division shall present witnesses and evidence first and the re…

NAC 445A.996 Written recommendations of hearing officer; duties of Administrator; final decision; appeal. (NRS 445A.425, 445A.860, 445A.880) 1. After the close of a hearing held pursuant to NAC 445A.995, the hearing officer shall prepare written recommendations on the issues pres…

NAC 445A.997 Appeal: Notice and service; response by Division. (NRS 445A.425, 445A.860, 445A.880) 1. A respondent may, within 10 business days after service of a decision issued by the Administrator pursuant to NAC 445A.996, file a notice of appeal with the Commission. 2. A notic…

NAC 445A.998 Appeal: Oral argument; written decision; final decision; judicial review. (NRS 445A.425, 445A.860, 445A.880) 1. Upon the filing of a response to the notice of appeal pursuant to NAC 445A.997 or the expiration of the time for filing such a response, the Executive Secr…

NAC 445A.999 Effective date of suspension or revocation of certificate; duties of holder of certificate; continuation of activities until suspension or revocation effective. (NRS 445A.425, 445A.860, 445A.880) If a final order issued by the Administrator or the Commission temporar…

NAC 445B.001 Definitions. (NRS 445B.210) As used in NAC 445B.001 to 445B.390, inclusive, unless the context otherwise requires, the words and terms defined in NAC 445B.002 to 445B.211, inclusive, have the meanings ascribed to them in those sections. (Supplied in codification; A b…

NAC 445B.002 “Act” defined. (NRS 445B.210) “Act” means the Clean Air Act, 42 U.S.C. §§ 7401 et seq., as amended. [Environmental Comm’n, Air Quality Reg. § 1.2, eff. 12-4-76; A 8-28-79]—(Substituted in revision for NAC 445.432)

NAC 445B.0025 “Actual emissions” defined. (NRS 445B.210, 445B.300) “Actual emissions” means the actual rate of emissions of a criteria pollutant from an emission unit. (Added to NAC by Environmental Comm’n by R054-15, eff. 10-27-2015)

NAC 445B.003 “Adjacent properties” defined. (NRS 445B.210) “Adjacent properties” means parcels of land that lie near each other or in close proximity. (Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.4325)

NAC 445B.0035 “Administrative revision to a Class I operating permit” defined. (NRS 445B.210) “Administrative revision to a Class I operating permit” means a revision of an existing Class I operating permit that incorporates the relevant conditions of an operating permit to const…

NAC 445B.004 “Administrator” defined. (NRS 445B.210) “Administrator” means the Administrator of the United States Environmental Protection Agency or the Administrator’s representative or delegate. [Environmental Comm’n, Air Quality Reg. § 1.2.5, eff. 10-16-80]—(NAC A 10-14-82)—(S…

NAC 445B.005 “Affected facility” defined. (NRS 445B.210) “Affected facility” means, with reference to a stationary or temporary source, any apparatus to which a standard is applicable. [Environmental Comm’n, Air Quality Reg. § 1.3, eff. 12-4-76; A 8-28-79]—(NAC A 10-22-87; 10-30-…

NAC 445B.006 “Affected source” defined. (NRS 445B.210) “Affected source” means a stationary source subject to the requirements relating to acid rain set forth in 42 U.S.C. §§ 7651 to 7651o, inclusive. (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 10-30-95; R04…

NAC 445B.007 “Affected state” defined. (NRS 445B.210) “Affected state” means a state that is within 50 miles of a Class I source located in this State, or a state that is contiguous to this State whose air quality may be affected by emissions from a Class I source located in this…

NAC 445B.009 “Air-conditioning equipment” defined. (NRS 445B.210) “Air-conditioning equipment” means equipment utilized to heat or cool the interior of a building or structure. [Environmental Comm’n, Air Quality Reg. § 1.1, eff. 11-7-75; renumbered as § 1.4, 12-4-76; A 8-28-79]—(…

NAC 445B.011 “Air pollution” defined. (NRS 445B.210) “Air pollution” has the meaning ascribed to it in NRS 445B.115. [Environmental Comm’n, Air Quality Reg. §§ 1.3-1.3.3, eff. 11-7-75; renumbered as § 1.6, 12-4-76; A 8-28-79]—(NAC A by R105-97, 3-5-98)

NAC 445B.013 “Allowable emissions” defined. (NRS 445B.210) “Allowable emissions” means the emissions from a stationary source at its designed maximum capacity or at its actual maximum capacity, whichever is greater, except as reduced by any federally enforceable limitations on it…

NAC 445B.014 “Alteration” defined. (NRS 445B.210) “Alteration” means any addition to, or enlargement, replacement, modification or change of the design, capacity, process, arrangement, operating hours or control apparatus that will affect the kind or amount of regulated air pollu…

NAC 445B.015 “Alternative method” defined. (NRS 445B.210) “Alternative method” means any method of sampling and analyzing for a regulated air pollutant which is not a reference or equivalent method, but which has been demonstrated to the satisfaction of the Director that, in spec…

NAC 445B.016 “Alternative operating scenarios” defined. (NRS 445B.210) “Alternative operating scenarios” means two or more modes or types of operation specifically identified by a stationary source in its application and approved by the Director as a condition or as conditions of…

NAC 445B.018 “Ambient air” defined. (NRS 445B.210) “Ambient air” means that portion of the atmosphere which is external to buildings, structures, facilities or installations to which the public has access. [Environmental Comm’n, Air Quality Reg. § 1.4, eff. 11-7-75; renumbered as…

NAC 445B.019 “Applicable requirement” defined. (NRS 445B.210, 445B.300) “Applicable requirement” means, as applied to a stationary source: 1. Any standard or other relevant requirement: (a) Provided in NRS 445B.100 to 445B.640, inclusive, and NAC 445B.001 to 445B.390, inclusive, …

NAC 445B.022 “Atmosphere” defined. (NRS 445B.210) “Atmosphere” means all the air surrounding the earth and external to buildings and structures. [Environmental Comm’n, Air Quality Reg. § 1.7, eff. 11-7-75; renumbered as § 1.14, 12-4-76; A and renumbered as § 1.13, 8-28-79]—(Subst…

NAC 445B.027 “Bank” and “banking” defined. (NRS 445B.210, 445B.300) “Bank” or “banking” means the procedure which allows the Director to collect, identify, track, store and reserve emission reduction credits for future air quality management use, including, without limitation, th…

NAC 445B.028 “Best available control technology” defined. (NRS 445B.210) For a stationary source that is subject to the provisions of 40 C.F.R. § 52.21, “best available control technology” has the meaning ascribed to it in 40 C.F.R. § 52.21, as incorporated by reference in NAC 44…

NAC 445B.029 “Best available retrofit technology” defined. (NRS 445B.210) “Best available retrofit technology” means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant t…

NAC 445B.030 “British thermal units” defined. (NRS 445B.210) “British thermal units (Btu)” means that quantity of heat required to raise the temperature of one pound of water from 60 degrees Fahrenheit to 61 degrees Fahrenheit at a constant, absolute pressure of 14.7 pounds per s…

NAC 445B.035 “Class I application” defined. (NRS 445B.210, 445B.300) “Class I application” means an application for a Class I operating permit that is required for any new stationary source, existing stationary source or significant modification to an existing stationary source w…