Title 40

NRS 445A.375 “Municipality” defined. “Municipality” means: 1. Any city, town, county, district, association or other public body created by or pursuant to the law of this State and having jurisdiction over disposal of sewage, industrial wastes or other wastes; or 2. An Indian tri…

NRS 445A.380 “Package plant for sewage treatment” defined. 1. “Package plant for sewage treatment” means any plant which: (a) Consists of units or modules designed for construction, assembly, connection and installation at the site for treatment of sewage; and (b) Is privately ow…

NRS 445A.385 “Permit” defined. “Permit” includes a general permit, individual permit or temporary permit. The term does not include a permit issued pursuant to NRS 445A.615 or 445A.625. (Added to NRS by 1991, 1741)

NRS 445A.390 “Person” defined. “Person” includes the United States, to the extent authorized by federal law, the State or any agency or institution thereof, any municipality or other political subdivision of this State or any interstate body. (Added to NRS by 1973, 1708; A 1985, …

NRS 445A.395 “Point source” defined. “Point source” means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel …

NRS 445A.400 “Pollutant” defined. “Pollutant”: 1. Means dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and indus…

NRS 445A.405 “Pollution” defined. “Pollution” means the artificially made or artificially induced alteration of the chemical, physical, biological and radiological integrity of water. (Added to NRS by 1973, 1709)

NRS 445A.410 “Treatment works” defined. “Treatment works” means: 1. Any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature, including intercepting sewers, outfall sewers, sewage collection syst…

NRS 445A.415 “Waters of the State” defined. “Waters of the State” means all waters situated wholly or partly within or bordering upon this State, including but not limited to: 1. All streams, lakes, ponds, impounding reservoirs, marshes, water courses, waterways, wells, springs, …

NRS 445A.420 “Water quality standard” defined. “Water quality standard” means the degree of pollution of water or the physical, chemical or biological condition of water, as expressed numerically or descriptively, used for controlling the quality of water in each segment of a str…

NRS 445A.425 Powers and duties of Commission; regulations. 1. Except as specifically provided in NRS 445A.625 to 445A.645, inclusive, the Commission shall: (a) Adopt regulations carrying out the provisions of NRS 445A.300 to 445A.730, inclusive, including standards of water quali…

NRS 445A.427 Analysis to detect hazardous waste or regulated substance to be performed by certified laboratory; exception. 1. Except as otherwise provided in subsection 2, any analysis performed to detect the presence of hazardous waste or a regulated substance in soil or water a…

NRS 445A.428 Commission to provide standards for certification of laboratories for analysis of water; certified laboratory required to perform certain analyses; evaluation. 1. The Commission shall provide by regulation standards for the certification of laboratories for the analy…

NRS 445A.430 Fees: Establishment by Commission; disposition. 1. The Commission shall prescribe a schedule of reasonable fees for applications for permits under the provisions of NRS 445A.465 to 445A.510, inclusive, to defray the costs of processing applications for permits and ad…

NRS 445A.435 Publication of notice of hearing on regulation which provides standard of water quality or discharge of waste. If a regulation which is to be considered by the Commission provides a standard of water quality or waste discharge, notice of the hearing on the regulation…

NRS 445A.440 Department designated as State Water Pollution Control Agency. The Department is: 1. Designated as the State Water Pollution Control Agency for this State for all purposes of federal water pollution control legislation except that the Commission has the exclusive pow…

NRS 445A.445 Duties of Director. The Director shall: 1. Administer and enforce the provisions of NRS 445A.300 to 445A.730, inclusive, all regulations adopted by the Commission, and all orders and permits issued by the Department; 2. Examine and approve or disapprove plans and spe…

NRS 445A.450 Powers of Director. The Director may: 1. Perform any acts consistent with the requirements of state and federal legislation concerning the control of the injection of fluids through a well and the control of water pollution and conditions thereof relating to particip…

NRS 445A.455 Disqualification of Director; exception. 1. The Director shall not be a person who receives or has during the previous 2 years received a significant portion of his or her income, as defined by any applicable state or federal law, directly or indirectly from one or m…

NRS 445A.460 Administrator: Qualifications; disqualification; exception. 1. The Administrator shall be selected with special reference to his or her training, experience, capacity and interest in the field of environmental protection and ability to administer and direct the work …

NRS 445A.465 Injection of fluids through well or discharge of pollutant without permit prohibited; regulations. 1. Except as authorized by a permit issued by the Department pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, and regulations adopted by the Commissio…

NRS 445A.467 Notification of discharge of sewage or industrial waste into water; information provided to Indian tribe; prohibition on prevention of ability to provide such notification. 1. In the event of an incident resulting in the discharge of sewage or industrial waste or any…

NRS 445A.470 Restrictions on regulation concerning injection of fluid through well or permit issued for injections. Any regulation concerning injections of fluids through a well or any permit issued for the purpose of such an injection may not interfere with or impede the injecti…

NRS 445A.475 Permits: Issuance of general permits. A general permit may be issued for a category of discharges or injections of fluids through a well which: 1. Corresponds with an existing geographical or political boundary; 2. Involves the same or similar types of discharge or i…

NRS 445A.480 Permits: Authority of Department to require individual permit. 1. The Department may require the holder of a general permit to apply for and obtain an individual permit. 2. An individual permit may be required by the Department in any of the following cases, without …

NRS 445A.485 Permits: Issuance of temporary permits. The Department may issue a temporary permit for the discharge of pollutants or the injection of fluids through a well. The permit is valid for not more than 180 days. (Added to NRS by 1991, 1741; A 1993, 2790)

NRS 445A.490 Permits: Issuance prohibited in certain cases. No permit may be issued which authorizes any discharge or injection of fluids through a well into any waters of the State: 1. Of any radiological, chemical or biological warfare agent or high-level radioactive waste; 2. …

NRS 445A.495 Permits: Term; renewal. The Department may issue permits for fixed terms not to exceed 5 years, but a permit to operate a package plant for sewage treatment must be reviewed annually by the Department. In compliance with the regulations adopted by the Commission, the…

NRS 445A.500 Permits: Conditions; notice of application. 1. Each permit issued by the Department must ensure compliance with the following factors whenever applicable to the discharge or the injection of fluids through a well for which the permit is sought: (a) Effluent limitatio…

NRS 445A.505 Permits: Notification and provision of information by holder of permit of new or increased discharges or infiltration of contaminants to underground water; reapplication. 1. A holder of a permit for a publicly owned treatment works shall notify and supply the Departm…

NRS 445A.510 Permits: Collection of fee. In accordance with the schedule of fees prescribed by the Commission, the Department shall charge each applicant a fee for an application for a permit. (Added to NRS by 1973, 1712; A 1985, 716; 1989, 488)

NRS 445A.515 Compliance with conditions of permit required. If any discharge does not comply with the provisions of NRS 445A.500 and 445A.505, the Department shall require the permit holder to take specific steps to comply therewith. (Added to NRS by 1973, 1713)

NRS 445A.520 Standards of water quality; variance. 1. Except as otherwise provided in subsection 4, the Commission shall establish water quality standards at a level designed to protect and ensure a continuation of the designated beneficial use or uses which the Commission has de…

NRS 445A.525 Effluent limitations: Establishment; enforcement. 1. Effluent limitations shall be established and enforced for point sources, including publicly owned treatment works, which require the application of the best practicable control economically achievable. 2. In the c…

NRS 445A.530 Effluent limitations: Additional limitations. If more stringent limitations are needed, including those necessary to meet water quality standards, treatment standards or schedules of compliance established pursuant to the laws of this State or any other federal law o…

NRS 445A.535 Package plant for sewage treatment: Exemption from provisions of NRS 445A.540 to 445A.560, inclusive. Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada which is providing sewerage on June 7, 1979, is exempt from the provision…

NRS 445A.540 Package plant for sewage treatment: Conditions for issuing permit. A permit to discharge water from a package plant for sewage treatment may not be issued unless all of the following conditions are met: 1. Neither of the following is available: (a) Sewerage provided …

NRS 445A.545 Package plant for sewage treatment: Assessment lien. No lien for the assessments provided by the covenants, conditions and restrictions described in NRS 445A.540 is binding upon the property until the local governing body, after a hearing, establishes the costs, appo…

NRS 445A.550 Package plant for sewage treatment: Deposit and expenditure of proceeds of assessments; refund of surplus. 1. The proceeds of any assessments upon lots or parcels must be deposited with the treasurer of the local governing body which received them, and they may be ex…

NRS 445A.555 Package plant for sewage treatment: Remedy for violation of conditions of permit; assumption of control of plant by local governing body. 1. If the Department has found that any of the conditions of a permit to discharge water from a package plant for sewage treatmen…

NRS 445A.560 Package plant for sewage treatment: Regulation by local governing body. No provision of this chapter prevents: 1. A local governing body or a health district from imposing its own conditions for approval of the operation of any package plant for sewage treatment loca…

NRS 445A.565 Protection of surface waters of higher quality; treatment of and control over discharges constituting new or increased sources of pollution. 1. Any surface waters of the State whose quality is higher than the applicable standards of water quality as of the date when …

NRS 445A.570 Controls for diffuse sources: Conditions; delegation of administration to county or city. 1. The Commission may prescribe controls for diffuse sources as follows: (a) To any diffuse source existing on July 1, 1979, if the Director determines that the source is signif…

NRS 445A.572 Plans, recommendations and policies to manage, control and mitigate water pollution resulting from diffuse sources; availability of certain information to public. 1. In addition to any controls prescribed by the Commission pursuant to NRS 445A.570, the Department may…

NRS 445A.575 Unlawful discharge of radiological, chemical or biological warfare agent or high-level radioactive waste. It is unlawful to discharge any radiological, chemical or biological warfare agent or high-level radioactive waste into any waters of the State. (Added to NRS by…