[Rev. 12/10/2008 9:30:05 AM]
PERMITS TO CONSTRUCT PIERS, BREAKWATERS OR MOORING BUOYS
445A.028 Definitions.
445A.029 “Breakwater” defined.
445A.030 “Commercial use” defined.
445A.031 “Department” defined.
445A.032 “Director” defined.
445A.033 “Dredging” defined.
445A.034 “Fill” defined.
445A.035 “Floating dock or platform” defined.
445A.036 “Industrial use” defined.
445A.037 “Littoral parcel” defined.
445A.038 “Multiple use” defined.
445A.039 “Navigational structure” defined.
445A.040 “Permit” defined.
445A.041 “Person” defined.
445A.042 “Pier” defined.
445A.043 “Salvage” defined.
445A.044 Application for permit; duration of permit.
445A.045 Purposes for which permits may be issued; types of permits.
445A.046 Procedure upon receipt of application for permit.
445A.047 Factors considered in issuance or denial of permit.
445A.048 Construction of dock, pier or similar structure: Location; warning marker; identifying device.
445A.049 Permit required to repair or alter structure.
445A.050 Cancellation of permit.
445A.051 Renewal of permit.
445A.052 Transfer of permit.
CERTIFICATION OF LABORATORIES TO ANALYZE SUBSTANCES IN WATER
General Provisions
445A.0552 Definitions.
445A.0554 “Accuracy” defined.
445A.0556 “Analyst” defined.
445A.0558 “Analyte” defined.
445A.0562 “Approved method of testing” defined.
445A.0564 “Certified laboratory” defined.
445A.0566 “Commission” defined.
445A.0568 “Director” defined.
445A.0572 “Division” defined.
445A.0574 “Environmental sample” defined.
445A.0576 “Federal Act” defined.
445A.0578 “National Environmental Laboratory Accreditation Conference” defined.
445A.0582 “National Environmental Laboratory Accreditation Program” defined.
445A.0584 “Performance-based measurement system” defined.
445A.0588 “Precision” defined.
445A.0592 “Proficiency test sample” defined.
445A.0594 “Proficiency testing program” defined.
445A.0596 “Quality control sample” defined.
445A.0598 “Quality manual” defined.
445A.0602 “Sensitivity” defined.
445A.0604 “Spike” defined.
445A.0606 “Standards” defined.
Guidelines and Procedures
445A.0608 Adoption by reference of National Environmental Laboratory Accreditation Conference-Constitution, Bylaws and Standards.
445A.0612 Adoption by reference of certain publications related to sample collection procedures, analytical methodologies and requirements for certification.
445A.0614 Adoption by reference of Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846.
445A.0615 Adoption by reference of Method 1600: Membrane Filter Test Method for Enterococci in Water.
445A.0616 Adoption of certain ASTM standards and other publications related to calibration and testing laboratories, and examination of water and wastewater.
445A.0618 Interpretation of provisions; resolution of conflicting requirements.
445A.0622 Scope of certification.
445A.0624 Categories of analytes for which laboratory may be certified.
445A.0626 Requirements for certification.
445A.0628 Certification by Division or pursuant to National Environmental Laboratory Accreditation Program.
445A.0632 Application for certification.
445A.0634 Participation in proficiency testing program.
445A.0636 Adoption of quality manual by laboratory; contents.
445A.0638 Inspection of laboratory by Division.
445A.0642 Grounds for denial of application for certification, or revocation, suspension or limitation of certification.
445A.0644 Reapplication after denial of application or revocation of certification.
445A.0646 Renewal of certification.
445A.0648 Display of certificate; conditions for surrender of certificate; issuance of document.
445A.0652 Notification of Division of certain changes concerning certified laboratory.
445A.0654 Contractual agreements, records and reports.
Miscellaneous Provisions
445A.066 Fees for certification.
445A.0665 Acceptance of analyses conducted by laboratory located outside State.
445A.067 Review by Commission of publications adopted by reference.
WATER POLLUTION CONTROL
General Provisions
445A.070 Definitions.
445A.071 “A.G.M.” defined.
445A.072 “Act” defined.
445A.073 “Acute toxicity value” defined.
445A.074 “Administrator” defined.
445A.0745 “Annual mean flow” defined.
445A.075 “Aquatic animal production facility” defined.
445A.077 “Commission” defined.
445A.078 “Complete treatment” defined.
445A.079 “Conventional treatment” defined.
445A.080 “Department” defined.
445A.081 “Director” defined.
445A.082 “Discharge” defined.
445A.083 “Disinfection” defined.
445A.084 “Division” defined.
445A.0845 “E. coli” defined.
445A.085 “Effluent limitation” defined.
445A.086 “Filtration” defined.
445A.0865 “Flow weighted annual average concentration” defined.
445A.087 “Individual sewage disposal system” defined.
445A.088 “Industrial user” defined.
445A.089 “Industrial wastes” defined.
445A.090 “Interstate agency” defined.
445A.091 “Law” defined.
445A.092 “Minor discharge” defined.
445A.093 “Municipality” defined.
445A.094 “NPDES” defined.
445A.095 “Natural waters” defined.
445A.096 “New source” defined.
445A.097 “Origin” defined.
445A.098 “Permit” defined.
445A.099 “Person” defined.
445A.100 “Point source” defined.
445A.101 “Pollutant” defined.
445A.102 “Pollution” defined.
445A.103 “Pretreatment program” defined.
445A.104 “Pretreatment standards” defined.
445A.106 “Regional Administrator” defined.
445A.107 “Sewage” defined.
445A.108 “Source” defined.
445A.109 “Standard of performance” defined.
445A.110 “Toxic material” defined.
445A.111 “Treatment or waste treatment” defined.
445A.112 “Treatment works” defined.
445A.113 “Water quality standards or limitations” defined.
445A.114 “Waters of the State” defined.
445A.115 “Zone of mixing” defined.
445A.116 “Zone of passage” defined.
445A.117 Severability.
Standards for Water Quality
445A.11704 Definitions.
445A.11708 “A-Avg.” or “A.A.” defined.
445A.11712 “D” defined.
445A.11716 “D pH” defined.
445A.1172 “D T” defined.
445A.11724 “Geometric mean” defined.
445A.11728 “HA” defined.
445A.11732 “HR” defined.
445A.11736 “M.D.B. & M.” defined.
445A.1174 “mg/l” defined.
445A.11744 “No./100ml” defined.
445A.11748 “NTU” defined.
445A.11752 “PCU” defined.
445A.11756 “pH unit” defined.
445A.1176 “SAR” defined.
445A.11764 “SU” defined.
445A.11768 “S.V.” defined.
445A.11772 “Trout water” defined.
445A.11776 “³” defined.
445A.1178 “£” defined.
445A.118 Water quality criteria for total ammonia.
445A.120 Applicability.
445A.121 Standards applicable to all surface waters.
445A.122 Standards applicable to beneficial uses.
445A.123 Classification and reclassification of waters.
445A.124 Class A waters: Description; beneficial uses; quality standards.
445A.125 Class B waters: Description; beneficial uses; quality standards.
445A.126 Class C waters: Description; beneficial uses; quality standards.
445A.127 Class D waters: Description; beneficial uses; quality standards.
445A.143 Cooperation regarding Colorado River; salinity standards.
445A.144 Standards for toxic materials applicable to designated waters.
445A.145 Control points: Prescription and applicability of numerical standards for water quality; designation of beneficial uses.
445A.146 Beneficial uses for Carson River.
445A.147 Carson River: West Fork at the state line.
445A.148 Carson River: Bryant Creek near the state line.
445A.149 Carson River: East Fork at the state line.
445A.150 Carson River: East Fork at Highway 395, south of Gardnerville.
445A.151 Carson River: East Fork at Muller Lane.
445A.152 Carson River at Genoa Lane.
445A.153 Carson River at Cradlebaugh Bridge.
445A.154 Carson River at Mexican Ditch Gage.
445A.155 Carson River near New Empire.
445A.156 Carson River at Dayton Bridge.
445A.157 Carson River at Weeks.
445A.158 Carson River at Lahontan Dam.
445A.159 Beneficial uses for Walker River.
445A.160 West Walker River at the state line.
445A.161 Topaz Lake.
445A.162 West Walker River near Wellington.
445A.163 West Walker River above confluence with East Walker River at Nordyke Road.
445A.164 Sweetwater Creek.
445A.165 East Walker River at the state line.
445A.1655 East Walker River at Bridge B-1475.
445A.166 East Walker River south of Yerington.
445A.167 Walker River at inlet to Weber Reservoir.
445A.168 Walker River at Schurz Bridge.
445A.169 Desert Creek.
445A.1693 Beneficial uses for Walker Lake.
445A.1696 Walker Lake.
445A.170 Beneficial uses for part of Colorado River, Beaver Dam Wash and certain creeks.
445A.171 Chiatovich Creek.
445A.172 Indian Creek.
445A.173 Leidy Creek.
445A.174 Beneficial uses for Virgin River, Meadow Valley Wash and part of Muddy River.
445A.175 Virgin River at Mesquite.
445A.176 Virgin River at the state line near Littlefield.
445A.177 Virgin River at Riverside.
445A.178 Beaver Dam Wash.
445A.179 Snake Creek.
445A.180 Smoke Creek.
445A.181 Bronco Creek.
445A.182 Gray Creek.
445A.183 Beneficial uses for Truckee River from Pyramid Lake to the state line.
445A.184 Truckee River at the state line.
445A.185 Truckee River at Idlewild.
445A.186 Truckee River at East McCarran.
445A.187 Truckee River at Lockwood Bridge.
445A.188 Truckee River at Derby Dam.
445A.189 Truckee River at Wadsworth Gage.
445A.190 Truckee River at Pyramid Lake.
445A.1905 Beneficial uses for Lake Tahoe.
445A.191 Lake Tahoe.
445A.1912 Beneficial uses for tributaries to Lake Tahoe.
445A.1915 Tributaries to Lake Tahoe.
445A.1917 Standards to maintain higher quality waters within tributaries to Lake Tahoe.
445A.192 Colorado River below Davis Dam.
445A.193 Colorado River below Hoover Dam.
445A.194 Requirements to maintain existing higher quality for area of Lake Mead not covered by NAC 445A.197; standards for beneficial uses.
445A.195 Lake Mead excluding area covered by NAC 445A.197.
445A.196 Requirements to maintain existing higher quality for area of Lake Mead from distance of 1.2 miles into Las Vegas Bay from confluence of Las Vegas Wash with Lake Mead; standards for beneficial uses; goal of requirements and standards.
445A.197 Lake Mead from 1.2 miles into Las Vegas Bay from confluence of Las Vegas Wash with Lake Mead.
445A.198 Requirements to maintain existing higher quality for area of Las Vegas Wash from Telephone Line Road to confluences of discharges from Clark County and City of Las Vegas wastewater treatment plants; standards for beneficial uses; goal of requirements and standards.
445A.199 Las Vegas Wash from Telephone Line Road to confluence of discharges from City of Las Vegas and Clark County wastewater treatment plants.
445A.200 Requirements to maintain existing higher quality for area from confluence of Las Vegas Wash with Lake Mead to Telephone Line Road; standards for beneficial uses; goal of requirements and standards.
445A.201 Confluence of Las Vegas Wash with Lake Mead to Telephone Line Road.
445A.202 Beneficial uses for Humboldt River.
445A.203 Humboldt River near Osino.
445A.204 Humboldt River at Palisade Gage.
445A.205 Humboldt River at Battle Mountain Gage.
445A.206 Humboldt River at crossing of State Highway 789.
445A.207 Humboldt River at Imlay.
445A.208 Humboldt River at Woolsey.
445A.209 Beneficial uses for Muddy River at Glendale Bridge.
445A.210 Muddy River at Glendale Bridge.
445A.211 Muddy River at Overton.
445A.212 Meadow Valley Wash.
445A.214 Beneficial uses for areas in Snake River Basin.
445A.215 Big Goose Creek.
445A.216 Salmon Falls Creek.
445A.217 Shoshone Creek.
445A.218 Jarbidge River: East Fork.
445A.219 Jarbidge River upstream from Jarbidge.
445A.220 Jarbidge River downstream from Jarbidge.
445A.221 Bruneau River: West Fork.
445A.222 Owyhee River: East Fork above Mill Creek.
445A.223 Owyhee River: East Fork south of Owyhee.
445A.224 Owyhee River: East Fork, Nevada-Idaho state line.
445A.225 Owyhee River: South Fork.
Action Levels for Contaminated Sites
445A.226 Definitions.
445A.22605 “Action level” defined.
445A.2261 “Administrator” defined.
445A.22615 “Aquifer” defined.
445A.2262 “Corrective action” defined.
445A.22625 “Director” defined.
445A.2263 “Division” defined.
445A.22635 “Groundwater” defined.
445A.2264 “Hazardous substance” defined.
445A.22645 “Hazardous waste” defined.
445A.2265 “Operator” defined.
445A.22655 “Owner” defined.
445A.2266 “Person” defined.
445A.22665 “Regulated substance” defined.
445A.2267 “Release” defined.
445A.22675 “Remediation standard” defined.
445A.2268 “Surface water” defined.
445A.22685 Applicability.
445A.2269 Assessment of conditions at site of facility after notification of release of certain substances.
445A.22695 Immediate action required under certain circumstances.
445A.227 Contamination of soil: Order by Director for corrective action; factors to be considered in determining whether corrective action required.
445A.22705 Contamination of soil: Evaluation of site by owner or operator; review of evaluation by Division.
445A.2271 Contamination of soil: Plan and schedule for completing corrective action.
445A.22715 Contamination of soil: Waiver of requirements.
445A.2272 Contamination of soil: Establishment of action levels.
445A.22725 Contamination of groundwater: Order by Director for corrective action; request for exemption; exception.
445A.2273 Contamination of groundwater: Plan and schedule for completing corrective action.
445A.22735 Contamination of groundwater: Establishment of action levels.
445A.2274 Contamination of groundwater: Remediation standard.
445A.22745 Contamination of groundwater: Monitoring; conditions for terminating remediation of release.
445A.2275 Contamination of surface water.
445A.22755 Public hearings regarding corrective action affecting more than one owner or operator.
Discharge Permits
445A.228 Requirement; exemptions.
445A.229 Issuance of permit prohibited in certain cases.
445A.230 Application for permit.
445A.231 Signatures required on application, reporting forms and discharge monitoring report.
445A.232 Fees.
445A.233 Determination of application prior to public notice.
445A.234 Public notice regarding permit; contents.
445A.235 Notice to other governmental agencies.
445A.236 Fact sheets.
445A.237 Public access to information; confidentiality.
445A.238 Request for public hearing.
445A.239 Notice of public hearings: Contents of notice.
445A.240 Notification of issuance or denial.
445A.241 Duration and reissuance of permits.
445A.242 Transmission of issued permits to Regional Administrator.
445A.243 Establishment of effluent limitation.
445A.244 Schedules of compliance.
445A.245 Verification of water quality.
445A.247 Entry and inspection of premises; sampling; copying of records.
445A.248 Cost of testing and sampling borne by discharger.
445A.249 Procedures to monitor, record and report.
445A.250 Monitoring.
445A.251 Recording of results of monitoring.
445A.252 Periodic reporting of results of monitoring.
445A.253 Disposal of pollutants into wells.
445A.254 Standards for pretreatment; adoption by reference; inspection.
445A.255 Discharge from publicly owned treatment works: Notice to Director.
445A.256 Discharge from publicly owned treatment works capable of administering pretreatment program.
445A.257 Discharge from publicly owned treatment works without pretreatment program.
445A.258 Consistency of discharges with terms and conditions of permit; expansion of facilities, increase in production or modification of process.
445A.259 Maintenance of facilities required.
445A.260 Emergency powers of Director.
445A.261 Modification, suspension or revocation of permit: Grounds.
445A.262 Modification of permit to meet toxic effluent standard.
445A.263 Modification, suspension or revocation of permit: Procedure.
General Permits
445A.266 Issuance of permit; notice of intent to engage in activity; location of facility approved to operate under permit; requirements for discharge.
445A.267 Procedures for issuance, reissuance, denial, modification, suspension or revocation of permit.
445A.268 Application for permit; request to be included in permit; fees.
445A.269 Notice of requirement to obtain individual permit; grant of additional time.
445A.270 Petition for exclusion from permit; application for individual permit.
445A.271 Termination of applicability of permit upon issuance of individual permit.
445A.272 Termination of applicability of individual permit upon inclusion in general permit.
Corrective Action
445A.273 Definitions.
445A.2731 “Corrective action” defined.
445A.2732 “Cost” and “costs” defined.
445A.2733 “Fee” defined.
445A.2734 “Major corrective site” defined.
445A.2735 “Minor corrective action site” defined.
445A.2736 “Operator” defined.
445A.2737 “Owner” defined.
445A.2738 Recovery of costs and fees: Minor sites; federal funding for leaking underground storage tanks; state funding.
445A.2739 Reimbursement of costs and assessment of fees: Major sites.
Use of Treated Effluent
445A.274 Definitions.
445A.2741 “Area of use” defined.
445A.2742 “Buffer zone” defined.
445A.2743 “Graywater” defined.
445A.2744 “Impoundment” defined.
445A.2745 “Spray irrigation” defined.
445A.2746 “Subsurface irrigation” defined.
445A.2747 “Surface irrigation” defined.
445A.2748 “Treated effluent” defined.
445A.2749 Limitation on meaning of “agricultural purposes.”
445A.275 General requirements and restrictions.
445A.2752 Signs: Required placement and contents.
445A.2754 Irrigation: Requirements and restrictions.
445A.2756 Buffer zones: Size; boundaries; restriction.
445A.276 Reuse categories: Requirements for bacteriological quality of effluent.
445A.2762 Reuse category A: Approved uses.
445A.2764 Reuse category B: Approved uses.
445A.2766 Reuse category C: Approved uses.
445A.2768 Reuse category D: Approved uses.
445A.2771 Reuse category E: Approved uses.
445A.279 Determining quality of effluent: Storage reservoirs excluded from treatment process.
445A.280 Waiver or modification of requirements.
Treatment Works
445A.283 Permit required to construct, install, expand or modify treatment works.
445A.284 Design and construction of treatment works.
445A.285 Location of treatment works.
445A.286 Plants for sewage treatment: Applicability of provisions.
445A.287 Plants for sewage treatment: Persons required to be certified as operators; application and fees for certification; renewal of certificate.
445A.288 Plants for sewage treatment: Agreement to operate program for certification of operators.
445A.289 Plants for sewage treatment: Schedule for classification.
445A.290 Plants for sewage treatment: Minimum grades of certification for operators.
445A.292 Plants for sewage treatment: Provisional certification of operator.
Zones of Mixing
445A.295 Purpose.
445A.296 Application.
445A.297 Review of application by Director.
445A.298 Establishment by Director.
445A.299 Zone of passage.
445A.300 Periodic review.
445A.301 Termination.
445A.302 Renewal.
Diffuse Sources
445A.305 Definitions.
445A.306 “Best practices” defined.
445A.307 “Conservation district” defined.
445A.308 “Conservation plan” defined.
445A.309 “Diffuse source” defined.
445A.310 “Municipality” defined.
445A.311 “Panel” defined.
445A.312 “Resources management plan” defined.
445A.313 Exemptions.
445A.314 Administration of controls: Delegation of authority to city or county.
445A.315 Administration of controls by municipality: Written request to Director.
445A.316 Administration of controls by municipality: Jurisdiction.
445A.317 Administration of controls by municipality: Determination of water pollution.
445A.318 Administration of controls by municipality: Time to begin after determination is made.
445A.319 Administration of controls by municipality: Inspection of equipment; access to waters; notice.
445A.320 Administration of controls by municipality: Notice of violation; meeting with person responsible.
445A.321 Administration of controls by municipality: Voluntary compliance.
445A.322 Administration of controls by municipality: Involuntary compliance.
445A.323 Administration of controls by municipality: Appeal by person charged with violation.
445A.324 Administration of controls by municipality: Refusal to follow approved plan; order to comply.
445A.325 Determination by Division of new sources of water pollution.
445A.326 New diffuse sources: Applicability of this section and NAC 445A.327 and 445A.328.
445A.327 New diffuse sources: Notice to municipality required.
445A.328 New diffuse sources: Review of notice by municipality; recommendations.
445A.329 Technical assistance.
445A.330 Effect of provisions on Division, municipality.
445A.331 Partial delegation of program to municipality.
445A.332 Evaluation of program: Notification to municipality.
445A.333 Evaluation of program: Remedy of problem; hearing; notice of hearing.
445A.334 Evaluation of program: Appeal.
445A.335 Resumption of administration by Division; return of administration to municipality.
445A.336 State Handbook of Best Management Practices.
445A.337 Local handbooks of best management practices.
445A.338 Memoranda of understanding.
445A.339 Permit to construct or grade.
445A.340 Logging permits and certificates for timberland conversion.
Subdivision of Land
445A.342 Fees for review of tentative and final maps.
Notification of Release of Hazardous Substance
445A.345 Definitions.
445A.3451 “Confirmed release from an underground storage tank” defined.
445A.3452 “Facility” defined.
445A.3453 “Groundwater” defined.
445A.3454 “Hazardous substance” defined.
445A.3455 “Other surfaces of land” defined.
445A.34555 “Public water system” defined.
445A.3456 “Release” defined.
445A.3457 “Surface water” defined.
445A.3458 “Underground storage tank” defined.
445A.3459 “Vulnerable resource” defined.
445A.346 Applicability.
445A.347 Notification required within 1 working day.
445A.3473 Notification required as soon as practicable.
445A.3475 Provision of notice.
445A.348 Use of information in criminal prosecution.
MINING FACILITIES
General Provisions
445A.350 Definitions.
445A.351 “Area of review” defined.
445A.352 “As-built drawings” defined.
445A.353 “Beneficiation” defined.
445A.354 “Best engineering judgment” defined.
445A.355 “Commission” defined.
445A.356 “Contaminant” defined.
445A.357 “Degrade” defined.
445A.358 “Department” defined.
445A.359 “Facility” defined.
445A.360 “Fluid management system” defined.
445A.361 “Groundwater” defined.
445A.362 “Liner” defined.
445A.363 “Meteoric waters” defined.
445A.364 “Mining” defined.
445A.365 “Modify materially” defined.
445A.366 “Ore” defined.
445A.367 “Permanent closure” defined.
445A.368 “Permit” defined.
445A.369 “Person” defined.
445A.370 “Pilot facility” and “testing facility” defined.
445A.371 “Placer mining” defined.
445A.372 “Point source” defined.
445A.373 “Pollutant” defined.
445A.374 “Pond” defined.
445A.375 “Process component” defined.
445A.376 “Process fluid” defined.
445A.377 “Small-scale facility” defined.
445A.378 “Source” defined.
445A.379 “Stabilized” defined.
445A.380 “Storm event” defined.
445A.381 “Tailings impoundment” defined.
445A.382 “Temporary closure” defined.
445A.383 “WAD cyanide” defined.
445A.384 “Waters of the State” defined.
445A.385 “Zero discharge” defined.
445A.386 Adoption of publication by reference.
445A.387 Scope; effect of noncompliance.
445A.388 Appeal of action taken by Department.
Permits for Facilities
445A.390 Permit required; operation under existing permit.
445A.391 Application for permit: Preliminary meeting with representative of Department.
445A.392 Application for permit: Construction or modification of process component; abbreviated application.
445A.393 Application for permit: Definition of site conditions, process materials, characteristics of waste and impacts.
445A.394 Application for permit: Submission; contents.
445A.395 Contents of application: Assessment of area of review.
445A.396 Contents of application: Meteorological report; analysis of samples.
445A.397 Contents of application: Engineering design report; specifications for fluid management system.
445A.398 Contents of application: Proposed operating plans.
445A.399 Preparation of plan for seasonal closure of process components.
445A.400 Initial review of application and notification of applicant; failure to provide information; submission of incorrect information.
445A.401 Action by Department upon application.
445A.402 Notice of intent to issue permit or deny application.
445A.403 Request for hearing on application; submission of comments on draft permit.
445A.404 Scheduling of public hearing on application.
445A.405 Notice of hearing: Publication; contents.
445A.406 Submission of testimony at hearing.
445A.407 Issuance of statement responding to comments on draft permit.
445A.408 Action by Director of Department after period for public comment.
445A.409 Issuance and maintenance of permit; maximum term and renewal of permit.
445A.410 Permit for small-scale facility: Contents of application; limitation on holding; applicability of minimum design criteria.
445A.411 Pilot facility or testing facility: Conditions for issuance of permit.
445A.412 Pilot facility or testing facility: Contents of application for permit.
445A.413 Pilot facility or testing facility: Construction of application indicating need to conduct testing beyond 2 years.
445A.414 Permit for facility using physical separation methods.
445A.415 Granting of permit which allows lower level of engineered containment than required by minimum design criteria.
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.
445A.416 Minor modification of existing permit; modification of operating plans.
445A.417 Major modification of existing permit.
445A.418 Fee for modification of permit.
445A.419 Transfer of permit to new owner or operator.
445A.420 Renewal of permit; operation of facility pending issuance of new permit.
Operation and Design of Facilities
445A.424 Limitations on degradation of water; exemptions.
445A.425 Process components in existence on September 1, 1989: Standards; additional monitoring.
445A.426 Notice of intent to commence active operation of process component.
445A.427 Duties of holder of permit upon construction or modification of process component.
445A.428 Level of containment required for placer mining or flotation facilities.
445A.429 Procedures required to prevent release of contaminants; requirements concerning impoundments.
445A.430 Stabilization of spent ore.
445A.431 Stabilization of tailings.
445A.432 Minimum design criteria: Generally.
445A.433 Minimum design criteria: Universal requirements; areas where groundwater is near surface; proximity of new process components to dwellings; liability for degradation of water.
445A.434 Minimum design criteria: Leach pads and other nonimpounding surfaces designed to contain and promote horizontal flow of process fluids.
445A.435 Minimum design criteria: Ponds.
445A.436 Minimum design criteria: Vats, tanks and other containers which confine process fluids.
445A.437 Minimum design criteria: Tailings impoundments.
445A.438 Minimum design criteria: Liners.
445A.439 Program required to control quality of construction of liner systems.
445A.440 Monitoring: Site of facility.
445A.441 Monitoring: Procedure upon variation in parameter or element being monitored.
445A.442 Monitoring: Process components.
445A.443 Monitoring: Beneficiation process.
445A.444 Examples of planned and unplanned temporary closures.
445A.445 Procedure upon unplanned temporary closure of process component.
445A.446 Permanent closure of facility.
445A.447 Plans for permanent closure; sources not classified as process components.
PUBLIC WATER SYSTEMS
Water Quality
445A.450 Definitions.
445A.451 Applicability.
445A.452 Construction.
445A.4525 Adoption by reference of certain provisions of “National Primary Drinking Water Regulations.”
445A.453 Primary standards: Requirements.
445A.454 Primary standards: Monitoring and analysis.
445A.455 Secondary standards: General requirements.
445A.456 Secondary standards: Monitoring; reports; public notice; plan to return water system to compliance.
445A.457 Secondary standards: Analysis.
445A.458 Conduct of analysis.
445A.459 Methods of obtaining samples of water.
445A.4655 Sanitary surveys: Frequency.
445A.4665 Sanitary surveys: Significant deficiencies.
445A.4845 Consumer confidence reports.
445A.485 Notification requirements.
445A.487 Variances: General conditions and procedure for granting.
445A.4872 Variances: Small water systems.
445A.4874 Variances: Unique circumstances.
445A.4876 Variances: Application; payment of costs.
445A.488 Variances: Prescription of additional control measures and schedules for compliance.
445A.489 Exemptions: General conditions and procedure for granting.
445A.490 Exemptions: Prescription of control measures and schedules for compliance; additional requirements.
445A.491 Variances and exemptions: Appeals.
445A.492 Severability.
Treatment of Water: Generally
445A.495 Definitions.
445A.497 “Concentration of residual disinfectant” defined.
445A.498 “Concentration times time” defined.
445A.508 “Heterotrophic plate count” defined.
445A.509 “Level of turbidity” defined.
445A.510 “Outbreak of waterborne disease” defined.
445A.514 “Unit of nephelometric turbidity” defined.
445A.516 “Watershed” defined.
445A.517 Applicability.
445A.518 Submission of plan for compliance with requirements; date for final compliance.
445A.519 Procedure for review of actions taken by Division; appeals.
445A.520 General requirements for treatment.
445A.521 Filtration: Methods of treatment.
445A.522 Filtration: Efficiencies for removal.
445A.524 Filtration: Use of alternative technology.
445A.525 Filtration: Avoidance of requirements.
445A.526 Standards for disinfection.
445A.527 Requirements for monitoring.
445A.529 Submission of engineering report for system of treatment installed before November 29, 1990.
445A.530 Submission and approval of engineering report before construction or modification of facility; standards for design.
445A.531 Inclusion of features for reliability in design and construction of plant.
445A.532 Certification of persons operating facility.
445A.533 Standards for operation of facility for filtration.
445A.534 Equipment of facility for disinfection.
445A.535 Requirements for plan of operations.
445A.536 Maintenance of records.
445A.537 Submission of monthly reports.
445A.538 Notification of certain events.
445A.539 Periodic performance of sanitary survey of watershed; report of survey.
445A.540 Requirements for notification of persons served by system.
Treatment of Water: Groundwater
445A.54022 Applicability.
445A.54024 Prerequisites to commencement of project.
445A.54026 Submission and review of preliminary engineering report before construction or modification of facility.
445A.54028 Application for approval of facility.
445A.5403 Approval of project: Prerequisites; effective period; revocation.
445A.54032 Preparation by engineer of plans, specifications and design reports for facility.
445A.54034 Design of facility to be based upon pilot plant study; approval of treatment technology without pilot study.
445A.54036 Requirements for design of new facility.
445A.54038 Inclusion of features for reliability in design and construction of facility.
445A.5404 Equipment of facility for disinfection.
445A.54042 Standards for disinfection.
445A.54044 Certification of persons operating facility.
445A.54046 Requirements for plan of operations.
445A.54048 Maintenance of records.
445A.5405 Submission of sampling logs.
Certification of Laboratories to Analyze Drinking Water
445A.542 Definitions.
445A.5421 “Accuracy” defined.
445A.54212 “Analyst” defined.
445A.54214 “Analyte” defined.
445A.54216 “Approved method of testing” defined.
445A.54218 “Board” defined.
445A.5422 “Bureau” defined.
445A.54222 “Certified laboratory” defined.
445A.54224 “Director” defined.
445A.54226 “Environmental sample” defined.
445A.54228 “Federal Act” defined.
445A.5423 “National Environmental Laboratory Accreditation Conference” defined.
445A.54232 “Performance-based measurement system” defined.
445A.54234 “Point source” defined.
445A.54236 “Precision” defined.
445A.54238 “Proficiency test sample” defined.
445A.5424 “Proficiency testing program” defined.
445A.54242 “Quality control sample” defined.
445A.54244 “Quality manual” defined.
445A.54246 “Sensitivity” defined.
445A.54248 “Spike” defined.
445A.5425 “Standards” defined.
445A.54252 Adoption by reference of National Environmental Laboratory Accreditation Conference-Constitution, Bylaws and Standards.
445A.54254 Adoption by reference of certain publications related to sample collection procedures, analytical methodologies and requirements of certification.
445A.54256 Adoption by reference of certain publications related to methods of testing for certain contaminants.
445A.54258 Adoption of certain ASTM standards and other publications related to calibration and testing laboratories, and examination of water and wastewater.
445A.5426 Review by Board of publications adopted by reference.
445A.54262 Interpretation of provisions; resolution of conflicting requirements.
445A.54264 Scope of certification.
445A.54266 Categories of analytes for which laboratory may be certified.
445A.54268 Requirements for certification in certain areas.
445A.5427 Certification by Bureau or pursuant to National Environmental Laboratory Accreditation Program.
445A.54272 Application for certification.
445A.54274 Acceptance of analysis conducted by laboratory located outside State.
445A.54276 Participation in proficiency testing program.
445A.54278 Adoption of quality manual by laboratory; contents.
445A.5428 Inspection of laboratory by Bureau.
445A.54282 Grounds for denial of application for certification, or revocation, suspension or limitation of certification.
445A.54284 Reapplication after denial of application or revocation of certification.
445A.54286 Renewal of certification.
445A.54288 Display and contents of certificate.
445A.5429 Notification of Bureau of certain changes concerning certified laboratory.
445A.54292 Contractual agreements, records and reports.
445A.54294 Issuance of emergency order.
445A.54296 Fees.
Bottled Water
445A.544 Definitions.
445A.545 Permit required to operate plant.
445A.546 Submission of plans, specifications for approval of construction or remodeling.
445A.5465 Requirements for construction, design and maintenance of plant.
445A.547 Distribution of water bottled outside Nevada: Permit required; application for permit.
445A.548 Quality of water used for bottling; inspections; sampling.
445A.5485 Requirements for flavor added to bottled water.
445A.549 Methods used to determine compliance with standards.
445A.550 Standards for bottled water: Coliform organisms.
445A.551 Standards for bottled water: Physical quality.
445A.552 Standards for bottled water: Chemical and organic substances.
445A.553 Standards for bottled water: Fluoride.
445A.554 Standards for bottled water: Radioactive elements.
445A.555 Analysis required of representative samples.
445A.556 Labeling requirements.
445A.5565 Types of bottled water.
445A.557 Treatment and sampling of water before bottling; inspection of equipment.
445A.558 Storing, cleaning and sanitizing containers and closures.
445A.559 Minimum requirements for sanitization.
445A.560 Testing required for cleaning and sanitizing solutions.
445A.561 Cleaning and sanitizing of facilities and equipment; requirements for tanker vehicles.
445A.562 Identifying code; required records.
445A.563 Inspection of containers and closures; requirements for disposable containers and closures.
445A.564 Separation of bottling rooms from other operations.
445A.565 Prevention of contamination of the water.
445A.566 Ventilation.
445A.567 Washing and sanitizing operations.
445A.568 Separation of certain rooms from those used for domestic purposes.
445A.569 Sources of water used in plants.
445A.570 Suitability of equipment and utensils; construction of surfaces contacting processed water; standards for equipment; requirements for storage tanks.
445A.571 Quality of pressurized air used during processing or which contacts water.
445A.572 Lockers and lunchrooms; storage of personal items.
445A.573 Sewage disposal.
445A.574 Piping and draining.
445A.575 Toilet rooms.
445A.576 Lavatories.
445A.577 Storage, disposal of garbage.
445A.5775 Storage of toxic materials in plant prohibited.
445A.578 Vermin.
445A.579 Flying insects.
445A.580 Animals prohibited in facility.
445A.581 Inspection of surfaces and equipment which contact treated water.
445A.582 Transportation, storage of sanitized containers and equipment.
445A.583 Storage tanks.
445A.5835 Training of employees.
445A.584 Employees with communicable diseases.
445A.585 Employees required to wash their hands.
445A.586 Cleanliness of employees’ outer garments; confinement of employees’ hair.
445A.587 Expectoration, use of tobacco, eating or drinking prohibited; personal cleanliness required.
445A.588 Retention and submission of records, reports and analyses.
445A.589 Fees of Health Division.
445A.5893 Orders for corrective action.
445A.5895 Denial, modification, suspension or revocation of permit: Grounds; written notice.
445A.5898 Procedure for review of actions taken by Health Division; appeals.
445A.590 Severability.
Operation of Community Water System or Nontransient Water System
445A.591 Definitions.
445A.5911 “Bureau” defined.
445A.5912 “Community water system” defined.
445A.5913 “Financial capability” defined.
445A.5914 “Health Division” defined.
445A.5915 “Managerial capability” defined.
445A.5916 “Nontransient water system” defined.
445A.5917 “Plan” defined.
445A.5918 “Service connection” defined.
445A.5919 “Supplier of water” defined.
445A.592 “Technical capability” defined.
445A.5921 Submission of plan; approval of plan required before issuance of permit.
445A.5922 Contents of plan.
445A.5923 Period for submission of revision of plan; amendment to plan.
445A.5924 Maintenance and availability of plan or amendment to plan.
445A.5925 Inclusion of report or other information in plan.
445A.5926 Procedure for review of actions taken by Health Division.
Permits to Operate Privately Owned Systems
445A.595 Definitions.
445A.596 “Health Division” defined.
445A.597 “Local governing body” defined.
445A.598 “Operator” defined.
445A.599 “Public water system” defined.
445A.600 “State Engineer” defined.
445A.601 “Water system” defined.
445A.602 Requirement for permit.
445A.603 Application for permit: Form; conference with Chief of Bureau of Health Protection Services.
445A.604 Application for permit: Submission; required fee and documents.
445A.605 Application for permit: Required financial information.
445A.606 Application for permit: Solicitation and consideration of written comments.
445A.607 Conditions for issuance of permit: Interpretation of certain statutory terms.
445A.608 Conditions for issuance of permit: Assumption by local governing body of certain responsibilities and duties.
445A.609 Conditions for issuance of permit: Payment of fees.
445A.610 Contents of permit.
445A.611 Notification of limitations or conditions on permit; public inspection of application for permit.
445A.612 Denial, modification, suspension or revocation of permit: Grounds; notice.
445A.613 Request for variance from requirements.
445A.614 Procedure for review of actions taken by Health Division; appeals.
Certification of Operators
445A.617 Definitions.
445A.618 “Advisory Board” defined.
445A.6185 “Disinfection” defined.
445A.6188 “Division” defined.
445A.6195 “Experience in operating” defined.
445A.620 “Groundwater” defined.
445A.621 “Groundwater under the direct influence of surface water” defined.
445A.6225 “Operator” defined.
445A.6226 “Operator experience” defined.
445A.6227 “Postsecondary course of instruction” defined.
445A.6228 “Postsecondary course provider” defined.
445A.623 “Public water system” defined.
445A.624 “Responsible charge” defined.
445A.6243 “Shift operator” defined.
445A.6247 “Supervisor or foreperson” defined.
445A.625 “Surface water” defined.
445A.626 Requirement for certificate.
445A.6267 Minimum certification required; certification of persons making certain decisions.
445A.6275 Requirements for persons in responsible charge; notification of noncompliance.
445A.6285 Approval of conditional staffing.
445A.629 Classification of public water systems.
445A.6293 Minimum age and education of applicants; timetable for certain requirements.
445A.6297 Applicant with disability: Request for special arrangements for taking examination.
445A.630 Examination for certification: Application; submission and applicability of fee; reexamination; scheduling; ascending order of administration; postponement; failure to appear or postpone.
445A.631 Examination for certification: Types; return to examinee; maintenance of analysis.
445A.632 Proctoring, reviewing and grading examinations; passing grade; reviewing qualifications for full certificate.
445A.633 Full certificate: Issuance; required education and experience.
445A.6345 Full, operator-in-training and provisional certificates: Indication of discipline; qualifications; validity; expiration; renewal.
445A.6355 Certification by reciprocity.
445A.639 Continuing education: General requirements.
445A.640 Continuing education: Operator who holds full certificate and certificate as operator-in-training at higher classification than full certificate.
445A.641 Continuing education: Conditions for obtaining credit.
445A.643 Continuing education: Approval of course of training provided by public water system to its employees.
445A.644 Reinstatement and renewal of expired certificate.
445A.646 Denial of application for certificate or suspension or revocation of certificate: Grounds.
445A.647 Denial, suspension or revocation of certificate: Written notice.
445A.651 Fees of Division.
445A.652 Review of actions taken by Division.
Design, Construction, Operation and Maintenance
445A.65505 Definitions.
445A.6551 “Absorption field” defined.
445A.65515 “Acknowledgment of water service” defined.
445A.6552 “Air and vacuum valve” defined.
445A.65525 “Air binding” defined.
445A.6553 “Air gap” defined.
445A.65535 “Air release valve” defined.
445A.6554 “Alternative pumping capacity” defined.
445A.65545 “Altitude control valve” defined.
445A.6555 “Annular space” defined.
445A.65555 “Approved backflow testing laboratory” defined.
445A.6556 “Approved check valve” defined.
445A.65565 “Appurtenances” defined.
445A.6557 “Aquifer” defined.
445A.65575 “Atmospheric vacuum breaker” defined.
445A.6558 “Automatic control” defined.
445A.65585 “Auxiliary supply of water” defined.
445A.6559 “Average day demand” defined.
445A.65595 “Backfill” defined.
445A.65605 “Backflow” defined.
445A.6561 “Backpressure” defined.
445A.65615 “Backsiphonage” defined.
445A.6562 “Backwashing” defined.
445A.65625 “Baffles” defined.
445A.6563 “Bag of cement” defined.
445A.65635 “Ball valve” defined.
445A.6564 “Bell-shaped” defined.
445A.65645 “Best available technology” defined.
445A.6565 “Blowoff valve” defined.
445A.65655 “Booster pump” defined.
445A.6566 “Butterfly valve” defined.
445A.65665 “Capacity for the development and treatment of water” defined.
445A.6567 “Casing” defined.
445A.65675 “Cement grout” defined.
445A.6568 “Cement slurry” defined.
445A.65685 “Centrifugal pump” defined.
445A.6569 “Certified backflow prevention assembly tester” defined.
445A.65695 “Check valve” defined.
445A.65705 “Chloramines” defined.
445A.6571 “Chlorination” defined.
445A.65715 “Chlorinator” defined.
445A.6572 “Chlorine residual” defined.
445A.65725 “Class 1 fire sprinkler system” defined.
445A.6573 “Class 2 fire sprinkler system” defined.
445A.65735 “Class 3 fire sprinkler system” defined.
445A.6574 “Class 4 fire sprinkler system” defined.
445A.65745 “Class 5 fire sprinkler system” defined.
445A.6575 “Class 6 fire sprinkler system” defined.
445A.65755 “Clear well” defined.
445A.6576 “Coating” defined.
445A.65765 “Coliform bacteria” defined.
445A.6577 “Commitment for water service” defined.
445A.65775 “Concentric reducer” defined.
445A.6578 “Concrete grout” defined.
445A.65785 “Conductor casing” defined.
445A.6579 “Constant discharge aquifer test” defined.
445A.65795 “Contamination” defined.
445A.65805 “Corporation stop” defined.
445A.6581 “Cross-connection” defined.
445A.65815 “Curb stop” defined.
445A.6582 “Dead end” defined.
445A.65825 “Determined to be compatible with drinking water” defined.
445A.6583 “Disinfection” defined.
445A.65835 “Distribution main” defined.
445A.6584 “Distribution storage” defined.
445A.65845 “Distribution system” defined.
445A.6585 “Division of Environmental Protection” defined.
445A.65855 “Double check detector check assembly” defined.
445A.6586 “Double check valve assembly” defined.
445A.65865 “Drive point water well” defined.
445A.6587 “Dug water well” defined.
445A.65875 “Eccentric reducer” defined.
445A.6588 “Emergency” defined.
445A.65885 “Emergency reserve” defined.
445A.6589 “Engineer” defined.
445A.65895 “Enteric virus” defined.
445A.65905 “EPA” defined.
445A.6591 “Existing public water system” defined.
445A.65915 “Filtration” defined.
445A.6592 “Final map” defined.
445A.65925 “Finished water” defined.
445A.6593 “Fire authority” defined.
445A.65935 “Fire demand” defined.
445A.6594 “Fire flow” defined.
445A.65945 “Fire sprinkler system” defined.
445A.6595 “Flapper valve” defined.
445A.65955 “Flexible coupling” defined.
445A.6596 “Flocculation” defined.
445A.65965 “Flow detector” defined.
445A.6597 “Flow proportional control” defined.
445A.65975 “Fluoridation” defined.
445A.6598 “Foot valve” defined.
445A.65985 “Gate valve” defined.
445A.6599 “Globe valve” defined.
445A.65995 “Gravel pack” defined.
445A.66005 “Gravity sanitary sewer” defined.
445A.6601 “Gravity storm sewer” defined.
445A.66015 “Grid system” defined.
445A.6602 “Ground-level tank” defined.
445A.66025 “Groundwater” defined.
445A.6603 “Groundwater under the direct influence of surface water” defined.
445A.66035 “Grouting” defined.
445A.6604 “Head” defined.
445A.66045 “Head loss” defined.
445A.6605 “Header” defined.
445A.66055 “Health authority” defined.
445A.6606 “Health Division” defined.
445A.66065 “Hydropneumatic system” defined.
445A.6607 “Impeller” defined.
445A.66075 “Isolation valve” defined.
445A.6608 “Jetted water well” defined.
445A.66085 “Lead-free” defined.
445A.6609 “Lineshaft turbine pump” defined.
445A.66095 “Lining” defined.
445A.66105 “Manual of operations and maintenance” defined.
445A.6611 “Maximum day demand” defined.
445A.66115 “Mechanical joint” defined.
445A.6612 “Mechanical seal” defined.
445A.66125 “Mesh” defined.
445A.6613 “Meter box” defined.
445A.66135 “Meter stop” defined.
445A.6614 “mg/l” defined.
445A.66145 “Microscopic particulate analysis” defined.
445A.6615 “Neat cement” defined.
445A.66155 “Network hydraulic analysis” defined.
445A.6616 “New public water system” defined.
445A.66165 “Nominal size” defined.
445A.6617 “Operating storage” defined.
445A.66175 “Overflow rim” defined.
445A.6618 “Packing” defined.
445A.66185 “Peak hour demand” defined.
445A.6619 “Pet cock” defined.
445A.66195 “pH” defined.
445A.66205 “Pipe sleeve” defined.
445A.6621 “Pitless adapter” defined.
445A.66215 “Plunge pool” defined.
445A.6622 “Point-of-entry treatment device” defined.
445A.66225 “Point-of-use treatment device” defined.
445A.6623 “Pollution” defined.
445A.66235 “ppm” defined.
445A.6624 “Pressure regulator” defined.
445A.66245 “Pressure relief valve” defined.
445A.6625 “Pressure vacuum breaker” defined.
445A.66255 “Primary standard” defined.
445A.6626 “Prime mover” defined.
445A.66265 “Priming” defined.
445A.6627 “Prohibited water well” defined.
445A.66275 “Properly certified laboratory” defined.
445A.6628 “psi” defined.
445A.66285 “Public water system” defined.
445A.6629 “PVC” defined.
445A.66295 “Raw water” defined.
445A.66305 “Reaction blocking” defined.
445A.6631 “Reduced pressure detector assembly” defined.
445A.66315 “Reduced pressure principle assembly” defined.
445A.6632 “Reducer” defined.
445A.66325 “Residential equivalent” defined.
445A.6633 “Residual flow control” defined.
445A.66335 “Residual pressure” defined.
445A.6634 “Sanitary seal” defined.
445A.66345 “Sanitary sewer” defined.
445A.6635 “Sanitary survey” defined.
445A.66355 “Seal water” defined.
445A.6636 “Secondary standard” defined.
445A.66365 “Sedimentation” defined.
445A.6637 “Self-priming pump” defined.
445A.66375 “Service connection” defined.
445A.6638 “Service line” defined.
445A.66385 “Set point” defined.
445A.6639 “Sewer line” defined.
445A.66395 “Sewer main” defined.
445A.66405 “Sewer service lateral” defined.
445A.6641 “Silt stop” defined.
445A.66415 “Spool” defined.
445A.6642 “Spring” defined.
445A.66425 “Step drawdown test” defined.
445A.6643 “Stop and waste valve” defined.
445A.66435 “Storage structure” defined.
445A.6644 “Storage tank” defined.
445A.66445 “Storm sewer” defined.
445A.6645 “Stuffing box” defined.
445A.66455 “Subdivision” defined.
445A.6646 “Submersible pump” defined.
445A.66465 “Suction head” defined.
445A.6647 “Suction lift” defined.
445A.66475 “Suction well” defined.
445A.6648 “Supplier of water” defined.
445A.66485 “Surface water” defined.
445A.6649 “Surge arrestor” defined.
445A.66495 “Surge pressure” defined.
445A.66505 “Tentative map” defined.
445A.6651 “Thrust anchor” defined.
445A.66515 “Thrust block” defined.
445A.6652 “Total capacity” defined.
445A.66525 “Treatment facility” defined.
445A.6653 “Tree system” defined.
445A.66535 “Uniform Plumbing Code” defined.
445A.6654 “Union” defined.
445A.66545 “Vacuum breaker” defined.
445A.6655 “Valve box” defined.
445A.66555 “Volute” defined.
445A.6656 “Wastewater” defined.
445A.66565 “Wastewater force main” defined.
445A.6657 “Wastewater lift station” defined.
445A.66575 “Water hammer” defined.
445A.6658 “Water main” defined.
445A.66585 “Water project” defined.
445A.6659 “Water service lateral” defined.
445A.66595 “Water well” defined.
445A.66605 “Well yield” defined.
445A.6661 “Zone of pressure” defined.
445A.66615 Purposes of provisions.
445A.6662 Applicability of provisions.
445A.66625 Severability of provisions.
445A.6663 Adoption of standards and publications by reference.
445A.66633 Adoption of manual by reference.
445A.66635 Health Division: Payment of prescribed fees required.
445A.6664 Health Division: Prescribed fees.
445A.66645 Administrative review of action taken by Health Division.
445A.6665 Special exceptions to provisions.
445A.66655 Responsibilities of supplier of water and customer.
445A.6666 Prerequisites to approval of tentative and final map for proposed subdivision.
445A.66665 Plan for restoration of services in emergency.
445A.6667 Manual of operations and maintenance.
445A.66675 System for control of corrosion.
445A.6668 Program for assessment of sources of groundwater for vulnerability to contamination.
445A.66685 Standards for design and construction of system.
445A.6669 Prerequisites to commencement of water project; waiver of prerequisites; exceptions.
445A.66695 Application for approval of water project.
445A.66705 Preparation of plans, specifications and design reports for water project: Duties of engineer.
445A.6671 Approval of water project: Prerequisites; effective period; revocation.
445A.66715 Performance and inspection of work on water project; certification of substantial compliance with approved plans and specifications.
445A.6672 Existing systems: Minimum capacities; minimum pressure and velocity of water; total capacity of groundwater system; timely completion of water projects.
445A.66725 Existing systems: Determination of total capacity preparation, maintenance and dissemination of certain information, analyses, plans and reports.
445A.6673 Existing systems: Evaluation, justification and design of proposed water project.
445A.66735 New systems: Capacity for development and treatment of water.
445A.6674 Storage capacity.
445A.66745 Operating storage.
445A.6675 Emergency reserve.
445A.66755 Existing systems: Exemption from storage requirements.
445A.6676 Development and treatment of sources of water: General requirements.
445A.66765 Treatment facilities: General requirements; use of point-of-entry or point-of-use treatment devices; prerequisites to selection of design.
445A.6677 Treatment facilities: Prerequisites to use.
445A.66775 Treatment facilities: Selection of site.
445A.6678 Treatment facilities: Determination of necessary amount of redundancy.
445A.66785 Treatment facilities: Design and construction.
445A.6679 Treatment facilities: Designation of piping and valves; schematic diagram for control of processes.
445A.66795 Treatment facilities: Submission of information regarding application of chemicals.
445A.66805 Treatment facilities: Quality of chemicals; labeling of containers for shipping chemicals; storage of chemicals.
445A.6681 Treatment facilities: Safety and efficiency.
445A.66815 Treatment facilities: Disposal of waste.
445A.6682 Fluoridation.
445A.66825 Disinfection of water: General requirements.
445A.6683 Disinfection of water: Chlorination.
445A.66835 Use of gaseous chlorine: Training of personnel; compliance with requirements for safety; ensuring continuous disinfection.
445A.6684 Use of gaseous chlorine: Location, storage and maintenance of equipment.
445A.66845 Use of gaseous chlorine: Chlorine room.
445A.6685 Use of sodium hypochlorite.
445A.66855 Water wells: General requirements.
445A.6686 Water wells: Establishment of redundant capacity for development and treatment of water.
445A.66865 Water wells: Location.
445A.6687 Water wells: Prohibited types.
445A.66875 Water wells: Documentation of right to divert water.
445A.6688 Water wells: Determination and reporting of yield characteristics of well.
445A.66885 Water wells: Prerequisites to use after construction, modification or reconditioning.
445A.6689 Water wells: Casing.
445A.66895 Water wells: Prevention of pollution and contamination.
445A.66905 Water wells: Seals and coatings.
445A.6691 Water wells: Construction near certain other sources of water.
445A.66915 Water wells: Slabs and pedestals; construction with lineshaft turbine pump or submersible pump.
445A.6692 Water wells: Access port or sounding tube; vent.
445A.66925 Water wells: Pumping to system for waste.
445A.6693 Water wells: Sampling tap.
445A.66935 Springs: General requirements.
445A.6694 Springs: Prerequisites to development; reports after development; approval for use.
445A.66945 Springs: Establishment of zone of protection.
445A.6695 Springs: Allowance of source of pollution or contamination within zone of protection.
445A.66955 Springs: Covering of device for collection of water.
445A.6696 Springs: Development.
445A.66965 Pumping facilities: General requirements.
445A.6697 Pumping facilities: Location of pumping stations.
445A.66975 Pumping facilities: Construction of sites for pumping stations.
445A.6698 Pumping facilities: Intakes.
445A.66985 Pumping facilities: Housing of pumping stations.
445A.6699 Pumping facilities: Suction wells and clear wells.
445A.66995 Pumping facilities: Pumps.
445A.67005 Pumping facilities: Priming.
445A.6701 Pumping facilities: Booster pumps.
445A.67015 Pumping facilities: Alarm system.
445A.6702 Pumping facilities: General requirements for piping system.
445A.67025 Pumping facilities: Suction piping.
445A.6703 Pumping facilities: Discharge piping.
445A.67035 Pumping facilities: Gauges and meters.
445A.6704 Pumping facilities: Seal water.
445A.67045 Pumping facilities: Controls.
445A.6705 Pumping facilities: Power.
445A.67055 Pumping facilities: Heating, ventilation and lighting.
445A.6706 Pumping facilities: Hydropneumatic systems.
445A.67065 Storage structures: General requirements.
445A.6707 Storage structures: Clear wells.
445A.67075 Storage structures: Materials.
445A.6708 Storage structures: Design and construction.
445A.67085 Storage structures: Coatings; disinfection.
445A.6709 Storage structures: Security and safety.
445A.67095 Storage structures: Drainage; protection from pollution and contamination.
445A.67105 Distribution system: General requirements.
445A.6711 Distribution system: Pressure.
445A.67115 Distribution system: Design; diameter of water mains; connection to fire hydrant.
445A.6712 Distribution system: Dead ends.
445A.67125 Distribution system: Materials.
445A.6713 Distribution system: Isolation valves.
445A.67135 Distribution system: Release and blowoff valves.
445A.6714 Distribution system: Chambers, vaults, pits and manholes.
445A.67145 Distribution system: Construction.
445A.6715 Separation of lines: Definitions.
445A.67155 Separation of lines: Sewer main parallel to water main or water service lateral.
445A.6716 Separation of lines: Sewer service lateral parallel to water main or water service lateral.
445A.67165 Separation of lines: Sewer main crossing water main.
445A.6717 Separation of lines: Sewer main crossing water service lateral.
445A.67175 Separation of lines: Sewer service lateral crossing water main or water service lateral.
445A.6718 Separation of lines: Lines across surface water.
445A.67185 Cross-connections and backflow: General requirements.
445A.6719 Cross-connections and backflow: Assemblies for prevention of backflow.
445A.67195 Cross-connections and backflow: Minimum types of protection for particular service connections.
445A.67205 Cross-connections and backflow: Minimum types of protection for service connection to auxiliary supply of water or irrigation system.
445A.6721 Cross-connections and backflow: Minimum types of protection for other service connections; resolution of conflicting requirements; imposition of more stringent requirements.
445A.67215 Cross-connections and backflow: Service connection to fire sprinkler system.
445A.6722 Cross-connections and backflow: Design of fire sprinkler system.
445A.67225 Cross-connections and backflow: Conditions to provision of service to certain fire sprinkler systems.
445A.6723 Cross-connections and backflow: Installation of air gap.
445A.67235 Cross-connections and backflow: Installation of reduced pressure principle assembly.
445A.6724 Cross-connections and backflow: Installation of double check valve assembly.
445A.67245 Cross-connections and backflow: Duties of certified backflow prevention assembly tester.
445A.6725 Cross-connections and backflow: Use of vacuum breakers.
445A.67255 Cross-connections and backflow: Restrictions on use of certain valves and piping assemblies.
445A.6726 Disinfection of facility for collection, treatment or distribution of water.
445A.67265 Duties after loss of pressure in distribution system.
445A.6727 Requirements after cleaning or repair of water main.
445A.67275 Water hauling: Definitions.
445A.6728 Water hauling: General requirements.
445A.67285 Water hauling: Sanitation and disinfection.
445A.6729 Water hauling: Log of activities.
445A.67295 Water hauling: Construction of equipment.
445A.67305 Water hauling: Marking of vehicles.
445A.6731 Water hauling: Equipment of vehicles for disinfection and testing.
ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS
General Provisions
445A.6751 Definitions.
445A.67511 “Account for the Revolving Fund” defined.
445A.67512 “Account for Set-Aside Programs” defined.
445A.67513 “Acute health concern” defined.
445A.67514 “Administrator” defined.
445A.67515 “Applicant” defined.
445A.67517 “Board for Financing Water Projects” defined.
445A.67518 “Capability” defined.
445A.67519 “Capitalization grant” defined.
445A.6752 “Categorical exclusion” defined.
445A.67521 “Chronic health concern” defined.
445A.675215 “Commission” defined.
445A.67522 “Community water system” defined.
445A.67523 “Completion of the water project” defined.
445A.67524 “Construction” defined.
445A.67525 “Distribution system” defined.
445A.67526 “Division” defined.
445A.67527 “Emergency situation” defined.
445A.67528 “Environmental assessment” defined.
445A.67529 “Environmental impact statement” defined.
445A.67531 “EPA” defined.
445A.67532 “Finding of no significant impact” defined.
445A.67533 “Intended use plan” defined.
445A.67534 “Long-term loan” defined.
445A.67535 “Maintenance” defined.
445A.67536 “Median household income” defined.
445A.67537 “Mitigation” defined.
445A.67538 “Noncommunity water system” defined.
445A.67539 “Nonprofit” defined.
445A.6754 “Nontransient, noncommunity water system” defined.
445A.67541 “Operation” defined.
445A.67542 “Operation and maintenance” defined.
445A.67543 “Operator” defined.
445A.67544 “Priority list” defined.
445A.67545 “Process of environmental review” defined.
445A.67546 “Professional engineer” defined.
445A.67547 “Public water system” defined.
445A.67548 “Recipient” defined.
445A.67549 “Replacement” defined.
445A.6755 “Safe Drinking Water Act” defined.
445A.67551 “Service connection” defined.
445A.67552 “Short-term loan” defined.
445A.67553 “Significant noncompliance” defined.
445A.67554 “State clearinghouse” defined.
445A.675545 “State median household income” defined.
445A.67555 “Transient water system” defined.
445A.67556 “User charge” defined.
445A.67557 “Water project” defined.
445A.67558 Process for public participation: Notice of workshop; contents of notice.
445A.67559 Procedure for review of actions taken by Division.
445A.6756 Resolution of conflicting requirements; severability of provisions.
Preliminary Procedures for Financing Water Projects and Other Authorized Activities
445A.67561 Eligibility for short-term or long-term loan for certain types and costs of water projects; limitations; extension of long-term loan.
445A.67562 Eligibility for short-term loan for certain costs of water project; incorporation of loans.
445A.67563 Ineligibility for financial assistance for certain costs associated with water project.
445A.67564 Eligibility for money to refinance water project.
445A.67565 Proposal for allotment of money for certain activities; use of money; application for capitalization grant; work plans.
445A.67566 Solicitation and submission of proposals for water projects and requests to remain on priority list; duties following receipt; preapplications.
445A.67567 Priority list: Development; consideration of water projects for funding; revision.
445A.67568 Priority list: Considerations; contents.
445A.67569 Priority list: Criteria for ranking water projects; prioritizing requests for certain financial assistance.
445A.6757 Priority list: Approval required; public review and comment; development of final or revised list; correction of minor errors.
445A.67571 Priority list: Submission for approval; objections to ranking of water projects.
445A.67573 Bypassing water project on priority list.
445A.67574 Intended use plan: Incorporation of priority list; inclusion in application for capitalization grant agreement.
445A.67575 Intended use plan: Preparation; contents.
445A.67576 Intended use plan: Public review and comment; availability of final plan.
445A.67577 Notification of applicant; filing of letter of intent.
445A.67578 Letter of intent: Contents; mailing; effect when intent to proceed with project.
445A.67579 Preapplication conference.
Environmental Review of Proposed Water Projects
445A.6758 Initiation of process of environmental review; preparation of plan for water project; prerequisite to offer of loan contract; changes in water project or environmental conditions.
445A.67581 Conduct of new process of environmental review after completion of prior environmental review for water project.
445A.67582 Categorical exclusion: Review of request; determination by Division.
445A.67583 Categorical exclusion: Eligibility of water project.
445A.67584 Categorical exclusion: Public notice; period for public comment.
445A.67585 Categorical exclusion: Criteria for and effect of granting, reviewing and responding to public comments.
445A.67586 Categorical exclusion: Reevaluation of decision by Division to grant exclusion.
445A.67587 Environmental assessment: Preparation; contents; public review and comment; submission.
445A.675875 Draft environmental assessment: Process for public participation; notice of workshop; period for public comment.
445A.67588 Draft environmental assessment: Action following consideration by Division.
445A.67589 Finding of no significant impact: Public notice; period for public comment.
445A.6759 Finding of no significant impact: Criteria for issuance; response to public comments.
445A.67591 Finding of no significant impact: Reevaluation of decision by Division to issue finding.
445A.67592 Execution of loan contract following finding of no significant impact.
445A.67593 Partitioning of water project into discrete components: Request; requirements; determination by Division; restriction on loan contract.
445A.67594 Environmental impact statement: When required.
445A.67595 Environmental impact statement: Public notice; meeting of interested parties; preparation of draft.
445A.67596 Environmental impact statement: Public workshops; additional procedures for ensuring public participation.
445A.67597 Environmental impact statement: Distribution of draft by applicant; public notice of availability of draft; period for public comment.
445A.67598 Environmental impact statement: Issuance of final determination of completion of environmental review; response to public comments.
445A.67599 Environmental impact statement: Fee for copies of documents.
445A.6761 Preparation of final environmental impact statement.
445A.67611 Completion of process of environmental review; compliance with mitigation; prerequisites to execution of loan contract; changes in design or environmental conditions.
445A.67612 Reevaluation of decision by Division regarding final environmental impact statement.
Filing, Review and Approval of Applications for Financial Assistance
445A.67613 Filing and contents of application; submission of additional information.
445A.67614 Initial evaluation of application.
445A.67615 Completion of application; waiver of requirements for certain permits; submission of incomplete application.
445A.67616 Additional documentation required with applications regarding certain water projects.
445A.67617 Rejection of application.
445A.67618 Preparation of written report.
445A.67619 Final review of application; submission of written report and recommendation to Board for Financing Water Projects.
445A.6762 Notification of action taken regarding recommendations.
445A.67621 Submission of final set of plans and specifications for water project; examination by Division.
445A.67622 Loan contract: Conditions for offer.
445A.67623 Loan contract: Conditions for execution; requirements.
Requirements for Water Projects
445A.67624 Submission of certain documentation and information to Division before commencing construction of water project; issuance of notice to proceed.
445A.67625 Provision of certain documentation and reports to Division during construction of water project.
445A.67626 Disbursement of money pursuant to loan: Submission of requests and proof of appropriate distribution by recipient; requirements.
445A.67627 Submission of certain documents and information to Division upon completion of water project; availability of unused amount of loan.
445A.67628 Adoption by reference of certain accounting pronouncements; maintenance of separate accounts for water projects.
445A.67629 Maintenance of records and accounts.
445A.6763 Audit of financial records relating to water project.
445A.67631 Use of value engineering; submission of water project for peer review.
445A.67632 System of user charges.
445A.67633 Use of rate structures for repayment of loan.
445A.67634 Construction contracts for public water system that is publicly owned: Compliance with certain requirements; resolution of disputes related to bidding.
445A.67635 Compliance with federal and state law regarding labor and wages.
445A.67636 Participation by disadvantaged businesses: Generally.
445A.67637 Participation by disadvantaged businesses: Awarding of subcontracts.
445A.67638 Notification of Division: Award of prime construction contract; steps in construction; beginning of operation of project.
445A.67639 Oversight inspections.
445A.6764 Submission to Division of manual of operations and maintenance for water project.
445A.67641 Submission to Division of set of as-built drawings of water project.
445A.67642 Final inspection and certification of performance of water project; corrective action.
445A.67643 Claims arising from or related to water project: Notification of Division; resolution.
445A.67644 Approval required to abandon, discontinue use of or dispose of water project.
FINANCIAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT WORKS AND POLLUTION CONTROL PROJECTS
General Provisions
445A.685 Definitions.
445A.686 “Act” defined.
445A.687 “Alternative” defined.
445A.688 “Best practicable waste treatment technology” defined.
445A.689 “Building” defined.
445A.690 “Categorical exclusion” defined.
445A.691 “Combined sewer” defined.
445A.692 “Completion” defined.
445A.693 “Construction” defined.
445A.694 “Conventional” defined.
445A.695 “Department” defined.
445A.696 “Director” defined.
445A.697 “Disadvantaged business” defined.
445A.698 “Division” defined.
445A.699 “Enforceable requirements of the Act” defined.
445A.700 “Environmental assessment” defined.
445A.701 “Environmental impact statement” defined.
445A.702 “Excessive infiltration or inflow” defined.
445A.703 “Facility plan” defined.
445A.704 “Finding of no significant impact” defined.
445A.705 “Fund” defined.
445A.706 “Infiltration” defined.
445A.707 “Inflow” defined.
445A.708 “Innovative” defined.
445A.709 “Interceptor sewer” defined.
445A.710 “Maintenance” defined.
445A.711 “Mitigation” defined.
445A.712 “Municipality” defined.
445A.713 “Nonpoint source” defined.
445A.714 “Operation” defined.
445A.715 “Operation and maintenance” defined.
445A.716 “Person” defined.
445A.717 “Pollution” defined.
445A.718 “Pollution control project” defined.
445A.719 “Priority list” defined.
445A.720 “Project” defined.
445A.721 “Recipient” defined.
445A.722 “Replacement” defined.
445A.723 “Sanitary sewer” defined.
445A.724 “Storm sewer” defined.
445A.725 “Treatment works” defined.
445A.726 “User charge” defined.
445A.727 “Wastewater” defined.
445A.728 Purpose and use of revolving fund created pursuant to Clean Water Act.
445A.729 Effect of review or approval of documents by or for Division.
445A.730 Resolution of disputes concerning administration of provisions.
Preliminary Planning of Projects
445A.733 Proposed wastewater treatment works: Contents of facility plan.
445A.734 Proposed wastewater treatment works: Cost-effect analysis.
445A.735 Proposed pollution control projects: Contents of facility plan.
445A.736 Proposed pollution control projects: Cost-effect analysis.
445A.737 Requirements for facility plan.
445A.738 Public hearing before adoption of facility plan.
445A.739 Submission of facility plan to Division.
Environmental Review of Proposed Projects
445A.742 Steps in process of environmental review.
445A.743 Duties of Division.
445A.744 Categorical exclusion: Determination by Division; criteria for granting; request for exclusion of additional categories.
445A.745 Categorical exclusion: Public notice.
445A.746 Categorical exclusion: Review.
445A.747 Commitment of financial assistance.
445A.748 Review of completed facility plan; environmental assessment.
445A.749 Determination of whether to issue finding of no significant impact or to initiate preparation of environmental impact statement.
445A.750 Partitioning of environmental review for components of project.
445A.751 Finding of no significant impact: Issuance; notice.
445A.752 Finding of no significant impact: Review.
445A.753 Provision of financial assistance following finding of no significant impact.
445A.754 Environmental impact statement: When required.
445A.755 Environmental impact statement: Procedure for preparing.
445A.756 Environmental impact statement: Public notice; distribution of draft.
445A.757 Environmental impact statement: Review of draft.
445A.758 Environmental impact statement: Fee for copies of documents.
445A.759 Environmental impact statement: Public hearing.
445A.760 Additional procedures for securing public participation.
445A.761 Preparation of final environmental impact statement.
445A.762 Approval of facility plan: Record of decision; provision of financial assistance.
Awarding of Financial Assistance
445A.765 Establishment and use of priority list.
445A.766 Establishment of reserves.
445A.767 Use of and requirements for priority system.
445A.768 Revision of priority system and priority list; public hearings.
445A.769 Requirements for initial approval of financial assistance.
445A.770 Documents required; contracts for financial assistance; subsequent design reviews.
445A.771 Examination of plans and specifications; submission of documents for review.
445A.772 Submission of agreements regarding projects intended to serve two or more municipalities.
445A.773 Provision of financial assistance to help offset costs.
445A.774 Conditions of financial assistance and repayment.
445A.775 Fee for award of financial assistance.
Requirements for Projects
445A.777 Certification of compliance with requirements of federal law.
445A.778 Consistency of project with water quality management plan.
445A.779 Adoption of accounting standards by reference; maintenance of separate project accounts.
445A.780 Maintenance of records and accounts.
445A.781 Audit of financial records relating to project.
445A.782 Use of value engineering.
445A.783 Projects involving collection system work.
445A.784 Assurance of access to privately owned individual system.
445A.785 Amount of infiltration and inflow into sewer system.
445A.786 Approval of system of user charges or ordinance governing sewer use.
445A.787 Requirements for ordinance governing sewer use.
445A.788 Requirements for system of user charges.
445A.789 Adoption of system of user charges.
445A.790 Effect of system of user charges on inconsistent agreements.
445A.791 Periods for adoption and implementation of sewer use ordinance and system of user charges.
445A.792 Approval of award of contract for construction relating to project; resolution of disputes regarding bidding.
445A.793 Period for award of prime construction contract; extension of period.
445A.794 Compliance with federal and state law regarding labor and wages.
445A.795 Participation by disadvantaged businesses: Generally.
445A.796 Participation by disadvantaged businesses: Awarding of subcontracts.
445A.797 Notification of Division regarding steps in construction and beginning of operation of project.
445A.798 Entry by representative of Division onto site of project.
445A.799 Oversight inspections; final construction inspection.
445A.800 Submission of copies of change orders.
445A.801 Submission and approval of operation and maintenance manual for project.
445A.802 Submission of set of as-built drawings of project.
445A.803 Certification of performance of project; corrective action.
445A.804 Notification of claims arising from or related to project.
445A.805 Approval required to abandon, discontinue use of or dispose of project.
UNDERGROUND INJECTION CONTROL
Definitions
445A.810 Definitions.
445A.811 “Application” defined.
445A.812 “Aquifer” defined.
445A.813 “Area of review” defined.
445A.814 “Casing” defined.
445A.815 “Catastrophic collapse” defined.
445A.816 “Cementing” defined.
445A.8163 “Cesspool” defined.
445A.8167 “Community water system” defined.
445A.817 “Confining zone” defined.
445A.818 “Contaminant” defined.
445A.819 “Degrade” defined.
445A.8195 “Delineate” defined.
445A.820 “Department” defined.
445A.821 “Director” defined.
445A.8213 “Division” defined.
445A.8217 “Drywell” defined.
445A.822 “Fault” defined.
445A.823 “Fluid” defined.
445A.824 “Formation” defined.
445A.825 “Groundwater” defined.
445A.8255 “Groundwater protection area” defined.
445A.826 “Hazardous waste” defined.
445A.8263 “Improved sinkhole” defined.
445A.8267 “Injection” defined.
445A.827 “Injection well” defined.
445A.828 “Mechanical integrity” defined.
445A.8282 “Motor vehicle waste disposal well” defined.
445A.8285 “Nontransient noncommunity water system” defined.
445A.8287 “Other sensitive groundwater area” defined.
445A.829 “Packer” defined.
445A.830 “Permit” defined.
445A.831 “Person” defined.
445A.832 “Plugging” defined.
445A.833 “Radioactive waste” defined.
445A.8332 “Sanitary waste” defined.
445A.8335 “Septic system” defined.
445A.8337 “Source water assessment and protection program” defined.
445A.834 “Stimulation of a well” defined.
445A.835 “Subsidence” defined.
445A.8355 “Subsurface fluid distribution system” defined.
445A.836 “Total dissolved solids” defined.
445A.837 “Underground source of drinking water” defined.
445A.838 “Well” defined.
445A.839 “Zone for injection” defined.
445A.840 “Zone of endangering influence” defined.
General Provisions
445A.842 Applicability of regulations.
445A.843 Applicable standards of other governmental agencies.
445A.8435 Public access to information concerning locations of groundwater protection areas and other sensitive groundwater areas.
445A.844 Classes of injection wells.
445A.845 Class I wells.
445A.846 Class II wells.
445A.847 Class III wells.
445A.848 Class IV wells.
445A.849 Class V wells.
445A.8491 Motor vehicle waste disposal wells: Requirements for well in operation or under construction on or before April 5, 2000.
445A.8493 Motor vehicle waste disposal wells: Deadlines for owner of well to meet requirements; extension of deadlines; conversion of well.
445A.8495 Motor vehicle waste disposal wells: Application for permit to continue operation of well.
445A.8497 Motor vehicle waste disposal wells: Conditions for granting exemption to owner of well determined to be located in other sensitive groundwater area.
445A.8499 Motor vehicle waste disposal wells: Requirements for owner of well when location is changed by updated local source water assessment.
445A.850 Injection of fluid that degrades quality of aquifer prohibited; exemption of aquifer by Director.
445A.851 Criteria for determining exemption of aquifer.
445A.852 Identification of exempted aquifers.
445A.853 Exemption terminated when well abandoned; exception.
445A.854 List of exempted aquifers.
445A.855 Specific aquifers exempted.
445A.856 Prohibited wells and injections; exceptions.
445A.857 Prohibited wells: Report by owner or operator.
445A.858 Prohibited wells: Abandonment and plugging; monitoring.
445A.8585 Establishment of concentration level for contaminant.
445A.859 Certification of documents submitted to Director.
445A.860 Confidentiality of information submitted to Director.
445A.861 Complaint of violation; investigation.
445A.862 Enforcement of regulations.
Permits for Underground Injection
445A.865 Purpose of issuing permits; no vested right acquired by holder.
445A.866 Effect of permit issued by Environmental Protection Agency.
445A.867 Application for permit.
445A.868 Information required in application for Class II well.
445A.869 Modification of information required in application for Class V well.
445A.870 Information required in application for Class III well that necessitates exemption for aquifer.
445A.871 Bond required.
445A.872 Fees.
445A.873 Notification whether application complete; submission of additional information.
445A.874 Preparation of documents by Director when application is complete.
445A.875 Public notice of tentative action on application for permit.
445A.876 Contents of public notice.
445A.877 Public hearing and comments concerning tentative action on application for permit; notice of hearing.
445A.878 Statement by Director responding to comments concerning tentative action on application for permit.
445A.879 Period for issuance or denial of permit.
445A.880 Expiration of permit.
445A.881 Transfer of permit.
445A.882 Renewal of permit.
445A.883 Permit for certain groups of wells.
445A.884 Single permit for facilities otherwise required to obtain additional permits.
445A.885 Modification, revocation, suspension, cancellation or denial of permit; cessation of activity requiring permit.
445A.886 Submission of information requested by Director.
445A.887 Permit for Class V well may contain less stringent requirements.
445A.888 Inclusion in permit of schedule for compliance.
445A.889 Notice to Director of failure to comply with terms of permit.
445A.890 Issuance of temporary permit.
445A.891 General permits: Eligible types of wells.
445A.8915 General permits: Procedures to request coverage for Class V well.
445A.892 General permits: Description of geographic area.
445A.893 General permits: Regulation of category of wells.
445A.894 General permits: Requiring holder to obtain individual permit; petition for exclusion.
445A.895 General permits: Public notice and opportunity for hearing.
445A.896 General permits: Modification, suspension or revocation.
445A.897 Area of review: Definition.
445A.898 Area of review: Increase or decrease by Director.
445A.899 Identification of known wells and analysis of pressure; plan for corrective action.
445A.900 Action by Director on plan for corrective action.
445A.901 Applicant to report improperly completed, plugged or abandoned well; correction of condition.
445A.902 Minor modifications to permit.
Construction, Operation, Monitoring and Abandonment
445A.905 Construction prohibited without permit.
445A.906 Compliance with permit; minimization or correction of adverse impact on environment.
445A.907 Power of Director to suspend or halt construction or operation.
445A.908 Location and construction of well.
445A.909 Submission and contents of notice of completion; approval or denial of permission to initiate injection.
445A.910 Factors for determining logging and testing requirements for Class II wells.
445A.911 Limitations on location and pressure of injection; authorizing fracturing in zone for injection.
445A.912 Analysis of injected fluid.
445A.913 Frequency of monitoring.
445A.914 Placement of wells for monitoring Class III wells.
445A.915 Analysis of wells for monitoring Class III wells.
445A.916 Tests for mechanical integrity: Frequency.
445A.917 Tests for mechanical integrity: Methods for evaluating absence of leaks.
445A.918 Tests for mechanical integrity: Methods for determining absence of movement of fluid.
445A.919 Tests for mechanical integrity: Alternative methods.
445A.920 Loss of or failure to demonstrate mechanical integrity.
445A.921 Filing reports from monitoring and results of periodic tests.
445A.922 Retention of records from monitoring.
445A.923 Plugging and abandonment: Plan; notice; procedure; certification.
445A.924 When well is deemed abandoned.
445A.925 Plugging of well determined to be abandoned.
PERMITS TO CONSTRUCT PIERS, BREAKWATERS OR MOORING BUOYS
NAC 445A.028 Definitions. As used in NAC 445A.028 to 445A.052, inclusive, unless the context otherwise requires, the words and terms defined in NAC 445A.029 to 445A.043, inclusive, have the meanings ascribed to them in those sections.
(Supplied in codification)—(Substituted in revision for NAC 445.040)
NAC 445A.029 “Breakwater” defined. (NRS 445A.170) “Breakwater” means a man-made barrier which diminishes the force of waves.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. § 1.2, eff. 10-30-79]—(Substituted in revision for NAC 445.041)
NAC 445A.030 “Commercial use” defined. (NRS 445A.170)
1. “Commercial use” means use of a structure or facility which is operated primarily for profit.
2. The term does not include use of any publicly owned structure.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. § 1.3, eff. 10-30-79]—(Substituted in revision for NAC 445.042)
NAC 445A.031 “Department” defined. (NRS 445A.170) “Department” means the State Department of Conservation and Natural Resources.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. § 1.4, eff. 10-30-79]—(Substituted in revision for NAC 445.043)
NAC 445A.032 “Director” defined. (NRS 445A.170) “Director” means the Director of the Department.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. § 1.5, eff. 10-30-79]—(Substituted in revision for NAC 445.044)
NAC 445A.033 “Dredging” defined. (NRS 445A.170) “Dredging” means removing or rearranging material which is located beneath the high water elevation and is in or under the water of Lake Tahoe.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. § 1.6, eff. 10-30-79]—(Substituted in revision for NAC 445.045)
NAC 445A.034 “Fill” defined. (NRS 445A.170) “Fill” means any material deposited by man in Lake Tahoe.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. § 1.7, eff. 10-30-79]—(Substituted in revision for NAC 445.046)
NAC 445A.035 “Floating dock or platform” defined. (NRS 445A.170) “Floating dock or platform” means any structure designed to float on the water while anchored to the shore or bed of Lake Tahoe.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. § 1.8, eff. 10-30-79]—(Substituted in revision for NAC 445.047)
NAC 445A.036 “Industrial use” defined. (NRS 445A.170) “Industrial use” means any use which entails removing, transporting or stockpiling any materials or goods being processed.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. § 1.9, eff. 10-30-79]—(Substituted in revision for NAC 445.048)
NAC 445A.037 “Littoral parcel” defined. (NRS 445A.170) “Littoral parcel” means a parcel of land adjoining the bed of Lake Tahoe.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. § 1.10, eff. 10-30-79]—(Substituted in revision for NAC 445.049)
NAC 445A.038 “Multiple use” defined. (NRS 445A.170) “Multiple use” means use of a facility owned or managed by more than one person for the exclusive benefit of the owners and their families and guests.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. § 1.11, eff. 10-30-79]—(Substituted in revision for NAC 445.050)
NAC 445A.039 “Navigational structure” defined. (NRS 445A.170) “Navigational structure” means a device which is maintained primarily for aiding navigation and is approved by the appropriate federal or state agency for that use.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. § 1.12, eff. 10-30-79]—(Substituted in revision for NAC 445.051)
NAC 445A.040 “Permit” defined. (NRS 445A.170) “Permit” means a permit issued pursuant to the authority contained in NRS 445A.170.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. § 1.13, eff. 10-30-79]—(Substituted in revision for NAC 445.052)
NAC 445A.041 “Person” defined. (NRS 445A.170) “Person” includes any governmental entity.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. § 1.14, eff. 10-30-79]—(Substituted in revision for NAC 445.053)
NAC 445A.042 “Pier” defined. (NRS 445A.170) “Pier” means a fixed or floating structure or platform which:
1. Extends into or over the water of Lake Tahoe;
2. Is attached to pillars, piles, rocks or metal or is anchored to the bottom of the Lake; and
3. Affords convenient passage to and from watercraft or provides moorage of watercraft.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. § 1.15, eff. 10-30-79]—(Substituted in revision for NAC 445.054)
NAC 445A.043 “Salvage” defined. (NRS 445A.170) “Salvage” means removal of any goods or property from beneath the water of Lake Tahoe.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. § 1.16, eff. 10-30-79]—(Substituted in revision for NAC 445.055)
NAC 445A.044 Application for permit; duration of permit. (NRS 445A.170)
1. Only a person who is the owner of a littoral parcel may apply for a permit to construct a pier, breakwater, mooring buoy or other structure.
2. A permit required by NRS 445A.170 for a pier, breakwater or other structure to be erected after July 1, 1979, may be requested by filing with the Department an application on a form provided by the Department.
3. An application form which is not filled out properly will not be accepted.
4. The Department will notify the applicant of any deficiency when it returns the application for compliance.
5. A permit will be issued for not more than 20 years.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. §§ 2.1, 2.2, 2.5 & 3.17, eff. 10-30-79]—(Substituted in revision for NAC 445.056)
NAC 445A.045 Purposes for which permits may be issued; types of permits. (NRS 445A.170) The Department will issue permits, upon the applicant’s compliance with NAC 445A.028 to 445A.052, inclusive, for the erection of any structure on or in Lake Tahoe or its shore, for the removal of gravel, sand or similar material from the bed of Lake Tahoe, for the alteration of the Lake Tahoe shoreline below the high water elevation or for depositing any fill or deleterious material into Lake Tahoe. The permits will be of the following types:
1. Commercial use.
2. Dredging use.
3. Industrial use.
4. Multiple use.
5. Private use.
6. Use by a public agency.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. § 2.3, eff. 10-30-79]—(Substituted in revision for NAC 445.057)
NAC 445A.046 Procedure upon receipt of application for permit. (NRS 445A.170)
1. An application will be stamped with the date and time of filing with the Department.
2. Within 10 days after receiving an application, the Department will send notice of the application to:
(a) Owners of adjacent littoral property;
(b) Homeowners’ associations and general or special improvement districts which may be affected;
(c) Governmental bodies which the Department determines should be notified; and
(d) Persons who have informed the Department of their desire to be so notified.
3. The Department will consider objections or comments concerning an application only if they are:
(a) In writing; and
(b) Received by the Department within 30 days after the notice of application has been given except that, upon request, the Department may grant an extension of not more than 15 days for submission of objections or comments.
4. Within 10 days after the period for considering objections or comments has expired, the Department may set a date and time for a public hearing. The date for the public hearing will be within 55 days after expiration of that period.
5. Within 10 days after the expiration of the period for considering objections or comments or within 10 days after the public hearing, whichever is later, the Department will make a final decision on the application.
6. If an unforeseen combination of circumstances calls for the Department’s immediate action regarding construction or alteration, the Department will consider the matter on an emergency basis. Construction or alteration may be performed upon oral consent from the Department, to be followed by its written consent.
7. The decision by the Department is the final administrative action on an application under NAC 445A.028 to 445A.052, inclusive.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. §§ 2.4 & 2.6-2.10, eff. 10-30-79]—(Substituted in revision for NAC 445.058)
NAC 445A.047 Factors considered in issuance or denial of permit. (NRS 445A.170)
1. In determining whether to issue a permit, the Director will consider, but his consideration will not be limited to, the following factors:
(a) The location and density of existing piers and other structures;
(b) The effect of granting the permit upon the stability of the shoreline;
(c) The overall environmental integrity and recreational quality of the area in which the proposed structure or activity is to be located, including factors such as noise, visual esthetics and recreational potential;
(d) The private benefit to be obtained versus any loss of public benefit; and
(e) The economic and social effect upon the area.
2. In determining whether to deny a permit on the basis that the quality of the water of Lake Tahoe would be impaired by the structure or activity, the Department will consider any anticipated change in the clarity, temperature, color, taste and odor of the water and will compare those characteristics with federal and state water quality standards.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. § 3.2, eff. 10-30-79]—(Substituted in revision for NAC 445.059)
NAC 445A.048 Construction of dock, pier or similar structure: Location; warning marker; identifying device. (NRS 445A.170)
1. Unless otherwise permitted by the Department, a dock, pier or similar structure:
(a) Must be constructed as closely to a right angle to the shore as possible; and
(b) Must be constructed so as not to interfere with existing structures.
2. A structure or facility for:
(a) Commercial or industrial use must not be located closer than 25 feet from each adjacent property line extended lakeward at a right angle to the shore unless the Department has received written consent from the owner of the affected adjacent property.
(b) Any use other than as a buoy or other than a use specified in subsection 2 must not be located closer than 10 feet from each adjacent property line extended lakeward at a right angle to the shore unless the Department has received written consent from the owner of the affected adjacent property.
3. A buoy must not be:
(a) Placed closer than 50 feet from another buoy.
(b) Placed in the water at a depth greater than that necessary for safe accommodation of boats normally in use on Lake Tahoe.
(c) Located closer than 20 feet from each adjacent property line extended lakeward at a right angle to the shore unless the Department has received written consent from the owner of the affected adjacent property.
4. Except as provided in this subsection, a dock, pier or similar structure may extend only to a length that will allow access to the water depth necessary for boats customarily in use during a normal period of low water. If extenuating circumstances exist, the Department may allow an increase in the length or size of a dock, pier or similar structure.
5. If the Department determines that a structure or facility might not be readily seen or might be a navigational hazard, it may grant a permit for the structure or facility upon the condition that a warning marker, approved by the Department, is installed on the structure or facility.
6. A person shall not construct or place below the high water elevation of 6,229.1 feet, any swimming buoy, rope, fence or other barrier which hinders access to state land unless the Department determines that a safety hazard exists or a substantial public benefit will accrue from its construction or placement.
7. A structure or facility must be designed and installed so that it will not be damaged by anticipated natural forces.
8. The Department will issue an identifying device which must be installed on each permitted structure or facility within 30 days after the permit is issued.
9. A public agency which is issued a permit pursuant to NAC 445A.028 to 445A.052, inclusive, shall permanently post at the site for which the permit is issued a statement specifying the public use and the conditions of use for that site.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. §§ 3.3-3.11, eff. 10-30-79]—(Substituted in revision for NAC 445.060)
NAC 445A.049 Permit required to repair or alter structure. (NRS 445A.170) A permit is required for any repair, reconstruction or alteration of an existing pier, breakwater or other structure which:
1. Would increase the size or change the location of the structure; or
2. Might impair the quality of the water of Lake Tahoe.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. § 3.16, eff. 10-30-79]—(Substituted in revision for NAC 445.061)
NAC 445A.050 Cancellation of permit. (NRS 445A.170)
1. The Department may cancel a permit for failure of the holder to comply with NAC 445A.028 to 445A.052, inclusive, or with any condition under which the permit was granted.
2. The Department will not cancel a permit until 30 days after the holder has been informed by certified mail of the Department’s intention to cancel the permit and the reason for the intended cancellation or until a hearing is held if a hearing has been requested in writing. If, within the 30-day period, the holder corrects all the violations which were grounds for the intended cancellation, his permit will not be cancelled. If he corrects those violations after the 30-day period, his permit may be reinstated.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. §§ 3.13 & 3.14, eff. 10-30-79]—(Substituted in revision for NAC 445.062)
NAC 445A.051 Renewal of permit. (NRS 445A.170) The Department will renew a valid permit at least 15 days before its expiration date if the holder is in compliance with the applicable statutes and regulations.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. § 3.15, eff. 10-30-79]—(Substituted in revision for NAC 445.063)
NAC 445A.052 Transfer of permit. (NRS 445A.170)
1. A permit is not transferable as to location.
2. With the written concurrence of the Department, a permit may be transferred from the holder to:
(a) The executor or administrator of the estate of a deceased person;
(b) The trustee of a trust; or
(c) Any other person.
[Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. § 3.1, eff. 10-30-79]—(Substituted in revision for NAC 445.064)
CERTIFICATION OF LABORATORIES TO ANALYZE SUBSTANCES IN WATER
General Provisions
NAC 445A.0552 Definitions. (NRS 445A.425, 445A.428) As used in NAC 445A.0552 to 445A.067, inclusive, unless the context otherwise requires, the words and terms defined in NAC 445A.0554 to 445A.0606, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0554 “Accuracy” defined. (NRS 445A.425, 445A.428) “Accuracy” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0556 “Analyst” defined. (NRS 445A.425, 445A.428) “Analyst” means a chemist, microbiologist, physicist or technician who:
1. Is qualified to conduct analyses of environmental samples pursuant to the provisions of the manual specified in paragraph (e) of subsection 1 of NAC 445A.0612; and
2. Performs those tests or assists in performing those tests with other qualified employees of a certified laboratory.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0558 “Analyte” defined. (NRS 445A.425, 445A.428) “Analyte” means any compound, element, radical, isotope, contaminant organism, species or other substance for which an environmental sample is tested by a laboratory.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000)
NAC 445A.0562 “Approved method of testing” defined. (NRS 445A.425, 445A.428) “Approved method of testing” means a laboratory procedure specified in subsection 4 of NAC 445A.0622 that is approved by the Environmental Protection Agency or the Division to test an environmental sample.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000)
NAC 445A.0564 “Certified laboratory” defined. (NRS 445A.425, 445A.428) “Certified laboratory” means a laboratory for which a certificate to conduct analyses of water is issued pursuant to the provisions of NAC 445A.0552 to 445A.067, inclusive.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0566 “Commission” defined. (NRS 445A.425, 445A.428) “Commission” means the State Environmental Commission.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000)
NAC 445A.0568 “Director” defined. (NRS 445A.425, 445A.428) “Director” means:
1. A person who is qualified to administer any technical or scientific operation of a certified laboratory and supervise the procedures for the testing and reporting of the results of tests pursuant to the provisions of the Standards; or
2. A chemist, microbiologist or physicist who is qualified to engage in an activity specified in subsection 1 pursuant to the provisions of the manual specified in paragraph (e) of subsection 1 of NAC 445A.0612.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0572 “Division” defined. (NRS 445A.425, 445A.428) “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000)
NAC 445A.0574 “Environmental sample” defined. (NRS 445A.425, 445A.428) “Environmental sample” means a sample of any substance obtained from any natural source or any source that may reasonably be expected to pollute or receive pollution from the atmosphere, supplies of drinking water, groundwater, surface water, soil, sediment or ecosystem biota of this State, including, without limitation:
1. Ambient air;
2. Emissions of air from point sources;
3. Drinking water;
4. Receiving waters;
5. Soil or sediment;
6. Effluents from industrial, municipal or residential sources;
7. Samples from facilities used to store or handle chemicals;
8. Facilities used to dispose of waste;
9. Runoff of surface water; and
10. Samples obtained from facilities used to handle or apply substances for the control of weeds or insects.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000)
NAC 445A.0576 “Federal Act” defined. (NRS 445A.425, 445A.428) “Federal Act” means the Clean Water Act, 33 U.S.C. §§ 1251 et seq.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000)
NAC 445A.0578 “National Environmental Laboratory Accreditation Conference” defined. (NRS 445A.425, 445A.428) “National Environmental Laboratory Accreditation Conference” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0582 “National Environmental Laboratory Accreditation Program” defined. (NRS 445A.425, 445A.428) “National Environmental Laboratory Accreditation Program” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0584 “Performance-based measurement system” defined. (NRS 445A.425, 445A.428) “Performance-based measurement system” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0588 “Precision” defined. (NRS 445A.425, 445A.428) “Precision” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0592 “Proficiency test sample” defined. (NRS 445A.425, 445A.428) “Proficiency test sample” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0594 “Proficiency testing program” defined. (NRS 445A.425, 445A.428) “Proficiency testing program” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0596 “Quality control sample” defined. (NRS 445A.425, 445A.428) “Quality control sample” means an uncontaminated environmental sample that is spiked with a known analyte and provided to a laboratory for analysis to determine the performance of the laboratory in testing for the presence of that analyte by using a specified method of testing for the analyte.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000)
NAC 445A.0598 “Quality manual” defined. (NRS 445A.425, 445A.428) “Quality manual” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0602 “Sensitivity” defined. (NRS 445A.425, 445A.428) “Sensitivity” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0604 “Spike” defined. (NRS 445A.425, 445A.428) “Spike” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0606 “Standards” defined. (NRS 445A.425, 445A.428) “Standards” means the Standards of the National Environmental Laboratory Accreditation Conference adopted by reference pursuant to the provisions of NAC 445A.0608.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000)
Guidelines and Procedures
NAC 445A.0608 Adoption by reference of National Environmental Laboratory Accreditation Conference-Constitution, Bylaws and Standards. (NRS 445A.425, 445A.428) The Commission hereby adopts by reference the National Environmental Laboratory Accreditation Conference-Constitution, Bylaws and Standards, EPA 600/R-98/151, in the form most recently published by the Environmental Protection Agency, unless the Commission gives notice pursuant to the provisions of NAC 445A.067 that the most recent publication is not suitable for this State. The publication is available, free of charge, from the Environmental Protection Agency, Office of Research and Development, 401 M Street, S.W., Washington, D.C. 20460, or from the Environmental Protection Agency at the Internet address http://www.epa.gov/ttn/nelac.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000)
NAC 445A.0612 Adoption by reference of certain publications related to sample collection procedures, analytical methodologies and requirements for certification. (NRS 445A.425, 445A.428)
1. The Commission hereby adopts by reference the following publications in the forms most recently published, unless the Commission gives notice pursuant to the provisions of NAC 445A.067 that the most recent publication is not suitable for this State. The publications are available, unless otherwise provided in this section, by mail from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, or by telephone at (800) 553-6847. The publications may also be obtained from the National Technical Information Service at the Internet address http://www.ntis.gov/ordering.htm. The publications are:
(a) Consensus Method for Determining Groundwaters Under the Direct Influence of Surface Water Using Microscopic Particulate Analysis (MPA), EPA/910/9-92/029, Order Number PB93-180818, for the price of $37.
(b) DBP/ICR Analytical Methods Manual, EPA/814/B-96/002, Order Number PB96-157516, for the price of $52.
(c) ICR Microbial Laboratory Manual, EPA/600/R-95/178, Order Number PB96-157557, for the price of $74.
(d) ICR Sampling Manual, April 1996, EPA/814/B-96/001, Order Number PB96-157508, for the price of $52.
(e) Manual for the Certification of Laboratories Analyzing Drinking Water: Criteria and Procedures, Quality Assurance, 4th edition, EPA/815/B-97/001, Order Number PB97-171490, for the price of $51.
(f) Method 100.2: Determination of Asbestos Structures over 10 Micrometers in Length in Drinking Water, June 1994, EPA/600/R-94/134, Order Number PB94-201902, for the price of $33.50.
(g) Method 1613: Tetra-Through Octa-Chlorinated Dioxins and Furans by Isotope Dilution HRGC/HRMS, Revision B, October 1994, EPA/821/B-94/005B, Order Number PB95-104774, for the price of $39.50.
(h) Method 1664, Revision A: N-Hexane Extractable Material (HEM; Oil and Grease) and Silica Gel Treated N-Hexane Extractable Material (SGT-HEM; Non-Polar Material) by Extraction and Gravimetry, February 1999, EPA/821/R-98/002, Order Number PB99-121949, for the price of $33.50. The publication is also available, free of charge, from the Environmental Protection Agency at the Internet address http://www.epa.gov/ost/methods/1664f051.html.
(i) Methods for the Determination of Inorganic Substances in Environmental Samples, August 1993, EPA/600/R-93/100, Order Number PB94-120821, for the price of $52.
(j) Methods for the Determination of Metals in Environmental Samples, EPA/600/4-91/010, Order Number PB91-231498, for the price of $81.
(k) Methods for the Determination of Metals in Environmental Samples, Supplement I, EPA/600/R-94/111, Order Number PB95-125472, for the price of $74.
(l) Methods for the Determination of Nonconventional Pesticides in Municipal and Industrial Wastewater, Volume I, Revision 1, August 1993, EPA/821/R-93/010A, Order Number PB94-121654, for the price of $152.50.
(m) Methods for the Determination of Organic Compounds in Drinking Water, Supplement 1, EPA/600/4-90/020, Order Number PB91-146027, for the price of $68.50.
(n) Methods for the Determination of Organic Compounds in Drinking Water, Supplement 2, EPA/600/R-92/129, Order Number PB92-207703, for the price of $74.
(o) Methods for the Determination of Organic Compounds in Drinking Water, Supplement 3, EPA/600/R-95/131, Order Number PB95-261616, for the price of $117.
(p) Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, 4th edition, EPA/600/4-90/027F, Order Number PB94- 114733, for the price of $81.
(q) Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Water to Freshwater Organisms, 3rd edition, EPA/600/4-91/002, Order Number PB96-141452, for the price of $86.50.
(r) Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Water to Marine and Estuarine Organisms, 2nd edition, EPA/600/4-91/003, Order Number PB96-141445, for the price of $111.50.
(s) Technical Notes on Drinking Water Methods, EPA/600/R-94/173, Order Number PB95-104766, for the price of $37.
(t) Test Methods for “Escherichia Coli” in Drinking Water: EC Medium with Mug Tube Procedure, Nutrient Agar with Mug Membrane Filter Procedure, EPA/600/4-91/016, Order Number PB91-234591, for the price of $17.50.
(u) USEPA Contract Laboratory Program: Statement of Work for Organics Analysis: Multi-Media, Multi-Concentration, OLM01.0 (Includes Revisions OLM01.1 through OLM01.8), EPA/540/R-94/078, Order Number PB95-963508, for the price of $100. The publication is also available, free of charge, from the Environmental Protection Agency at the Internet address http://www.epa.gov/superfund/programs/clp/organic.htm.
(v) USEPA Contract Laboratory Program: Statement of Work for Inorganics Analysis: Multi-Media, Multi-Concentration, ILM02.1, EPA/540/R-94/095, Order Number PB95-963514, for the price of $81. The publication is also available, free of charge, from the Environmental Protection Agency at the Internet address http://www.epa.gov/superfund/programs/clp/inorg.htm.
2. The Commission hereby adopts by reference the following publications in the forms most recently published, unless the Commission gives notice pursuant to the provisions of NAC 445A.067 that the most recent publication is not suitable for this State. The publications are available by mail from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, or by telephone at (800) 553-6847. The publications are:
(a) Interim Radiochemical Methodology for Drinking Water, EPA/600/4-75-008, Order Number PB253258, for the price of $37.
(b) Method 100.1: Analytical Method for Determination of Asbestos Fibers in Water, September 1983, EPA/600/4-83-043, Order Number PB83-260471, for the price of $78.50.
(c) Methods for the Chemical Analysis of Water and Wastes, EPA/600/4-79-020, Order Number PB84-128677, for the price of $117.
(d) Methods for the Determination of Organic Compounds in Drinking Water, Revised July 1991, EPA/600/4-88/039, Order Number PB91-231480, for the price of $89.50.
(e) Prescribed Procedures for Measurement of Radioactivity in Drinking Water, EPA/600/4-80-032, Order Number PB80-224744, for the price of $47.50.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0614 Adoption by reference of Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846. (NRS 445A.425, 445A.428) The Commission hereby adopts by reference Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846, 3rd edition, and Updates I, II, IIA, IIB and III, Publication Number 955-001-00000-1, in the form most recently published, unless the Commission gives notice pursuant to the provisions of NAC 445A.067 that the most recent publication is not suitable for this State. The publication is available by mail from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at (866) 512-1800, for the price of $367. The publication is also available, free of charge, from the Environmental Protection Agency at the Internet address http://www.epa.gov/epaoswer/hazwaste/test/main.htm.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0615 Adoption by reference of Method 1600: Membrane Filter Test Method for Enterococci in Water. (NRS 445A.425, 445A.428) The Commission hereby adopts by reference Method 1600: Membrane Filter Test Method for Enterococci in Water, May 1997, EPA-821-R-97-004, in the form most recently published, unless the Commission gives notice pursuant to the provisions of NAC 445A.067 that the most recent publication is not suitable for this State. The publication is available, free of charge, by mail from the Environmental Protection Agency, National Center for Environmental Publications and Information, P.O. Box 42419, Cincinnati, Ohio 45242-0419, or by telephone at (800) 490-9198.
(Added to NAC by Environmental Comm’n by R061-04, eff. 10-7-2004)
NAC 445A.0616 Adoption of certain ASTM standards and other publications related to calibration and testing laboratories, and examination of water and wastewater. (NRS 445A.425, 445A.428) The following publications are hereby adopted by the Commission in the forms most recently published, unless the Environmental Protection Agency fails to publish notice of its approval of the publication in the Federal Register or the Commission gives notice pursuant to the provisions of NAC 445A.067 that the most recent publication is not suitable for this State:
1. Annual Book of ASTM Standards, Section 5, “Petroleum Products, Lubricants, and Fossil Fuels,” which is available by mail from ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959, by telephone at (610) 832-9585 or at the Internet address http://www.astm.org, for the price of $999.
2. Annual Book of ASTM Standards, Section 11, “Water and Environmental Technology,” which is available by mail from ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959, by telephone at (610) 832-9585 or at the Internet address http://www.astm.org, for the price of $906.
3. ISO/IEC Guide 25, General Requirements for the Competence of Calibration and Testing Laboratories, 1990, which is available by mail from Global Engineering Documents, 15 Inverness Way East, Englewood, Colorado 80112-5776, by telephone at (800) 854-7179 or at the Internet address http://www.global.ihs.com, for the price of $35.
4. Standard Methods for the Examination of Water and Wastewater, Order Number 10079, available by mail from the American Water Works Association, Customer Service, 6666 West Quincy Avenue, Denver, Colorado 80235, by telephone at (800) 926-7337 or at the Internet address http://www.awwa.org/bookstore/ProductList.cfm, for the price of $155 for members and $200 for nonmembers.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0618 Interpretation of provisions; resolution of conflicting requirements. (NRS 445A.425, 445A.428)
1. The provisions of NAC 445A.0552 to 445A.067, inclusive, must not be interpreted to circumvent any of those provisions to make them less effective. If more than one interpretation exists for any of those provisions, the more restrictive interpretation applies.
2. If any publication adopted by reference pursuant to the provisions of NAC 445A.0612 to 445A.0616, inclusive, conflicts with any provision of NAC 445A.0552 to 445A.067, inclusive, or with the Standards, the provision set forth in NAC 445A.0552 to 445A.067, inclusive, or the Standards applies.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0622 Scope of certification. (NRS 445A.425, 445A.428)
1. A laboratory may obtain certification pursuant to the provisions of NAC 445A.0552 to 445A.067, inclusive, to perform analyses for the purposes of NRS 445A.300 to 445A.730, inclusive, to detect the presence of hazardous waste or a regulated substance in soil or water.
2. The scientific disciplines for which a laboratory may obtain certification are:
(a) Chemistry;
(b) Whole Effluent Toxicity;
(c) Microbiology; and
(d) Radiochemistry.
3. A laboratory may obtain certification pursuant to the provisions of NAC 445A.0552 to 445A.067, inclusive, for any program relating to the analysis of water approved by the Environmental Protection Agency pursuant to the Federal Act.
4. Except as otherwise provided in subsection 5, the approved methods of testing for which a laboratory may obtain certification are set forth in:
(a) Title 40 C.F.R. § 136.3 and Appendices A, C and D to 40 C.F.R. Part 136;
(b) Appendices A and B to 40 C.F.R. Part 425;
(c) Title 40 C.F.R. § 434.64;
(d) Appendices 1 and 2 to 40 C.F.R. Part 435, Subpart A;
(e) Table 7 to 40 C.F.R. Part 455;
(f) Title 40 C.F.R. § 465.03(c);
(g) Title 40 C.F.R. § 503.8; and
(h) The publications specified in paragraphs (h) to (r), inclusive, of subsection 1 of NAC 445A.0612, NAC 445A.0615 and subsections 1, 2 and 4 of NAC 445A.0616.
5. A laboratory may obtain certification to use a performance-based measurement system or any other alternative method of testing if the laboratory:
(a) Complies with the provisions of subsection 5 of NAC 445A.0626;
(b) Obtains approval for that method of testing from the Environmental Protection Agency pursuant to the provisions of 40 C.F.R. § 403.7(b)(2)(v), 403.12(b)(5)(vi) or 403.12(g)(4);
(c) Complies with the requirements for application set forth in 40 C.F.R. § 136.4; and
(d) Provides proof and evaluates the performance-based measurement system or other alternative method of testing in accordance with the provisions of:
(1) Appendix E of chapter 5 of the Standards;
(2) “Guidelines Establishing Test Procedures for the Analysis of Pollutants: Flexibility in Existing Test Procedures and Streamlined Approach for Approving New Test Methods,” set forth in Volume 62 of the Federal Register at pages 14975 et seq., March 28, 1997; and
(3) “Performance Based Measurement System,” set forth in Volume 62 of the Federal Register at pages 52098 et seq., October 6, 1997.
6. To be certified to conduct an analysis of an analyte using an approved method of testing specified in subsection 4, the analyte must be listed by the Division in the approved method of testing pursuant to that subsection.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0624 Categories of analytes for which laboratory may be certified. (NRS 445A.425, 445A.428) For the purposes of charging and collecting fees and conducting performance evaluations pursuant to the provisions of NAC 445A.0552 to 445A.067, inclusive, the Division shall classify each analyte for which a laboratory may be certified into the following categories:
1. Asbestos.
2. Cyanide.
3. Demands.
4. Dioxin.
5. Herbicides.
6. Microbiology.
7. Minerals.
8. Nutrients.
9. Oil and grease.
10. Perchlorate.
11. Pesticides.
12. Phenolics.
13. Polyaromatic hydrocarbons.
14. Polychlorinated biphenyls in oil.
15. Polychlorinated biphenyls in wastewater.
16. Radiochemistry.
17. Residual chlorine.
18. Residue.
19. Semivolatile organic chemistry.
20. Synthetic Organic Compounds Group 1 (includes semivolatile organic chemistry, pesticides, herbicides and polyaromatic hydrocarbons).
21. Toxicity bioassay.
22. Trace metals.
23. Volatile organic chemistry.
24. Any other individual contaminant.
25. Any other individual multicontaminant method.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0626 Requirements for certification. (NRS 445A.425, 445A.428)
1. To be certified to conduct laboratory testing, a laboratory must comply with the requirements set forth in sections 1.8.3, 4.1.1, 5.0, 5.1, 5.4 and 5.5 of the Standards.
2. To be certified in:
(a) Chemistry, a laboratory must comply with the requirements set forth in section 1.8.5 and Appendix D.1 of chapter 5 of the Standards;
(b) Whole effluent toxicity, a laboratory must comply with the requirements set forth in section 1.8.6 of the Standards and Appendix D.2 of chapter 5 of the Standards;
(c) Microbiology, a laboratory must comply with the requirements set forth in section 1.8.7 and Appendix D.3 of chapter 5 of the Standards; or
(d) Radiochemistry, a laboratory must comply with the requirements set forth in section 1.8.8 and Appendix D.4 of chapter 5 of the Standards.
3. To be certified pursuant to the program specified in subsection 3 of NAC 445A.0622, a laboratory must comply with:
(a) The provisions concerning method detection limits, sample containers, holding times and preservation set forth in 40 C.F.R. § 136.3(e) and Appendix B to that part;
(b) The provisions of 40 C.F.R. §§ 403.7(b)(2), 403.12(b)(5) and 403.12(g)(4), if applicable;
(c) The provisions concerning the methods set forth in 40 C.F.R. § 455.50, if the laboratory conducts tests for active ingredients in pesticides; and
(d) The provisions concerning the collection of representative samples and the methods set forth in 40 C.F.R. §§ 501.15(b)(10)(iv) and 503.8, if the laboratory conducts tests of sewage sludge.
4. To be certified for an approved method of testing, a laboratory must comply with the requirements for using that approved method of testing specified in subsection 4 of NAC 445A.0622 and the Standards. If a conflict occurs between a provision specified in that subsection and the Standards concerning an approved method of testing, the Standards apply. If a manufacturer provides instructions for maintaining any equipment used for testing or for ensuring the performance of any test or demonstrating the performance of any system of measurement, the laboratory shall comply with those instructions. If a conflict occurs between a provision of those instructions and a provision specified in subsection 4 of NAC 445A.0622 or the Standards, the provisions specified in that section or the Standards apply.
5. If a laboratory intends to use a performance-based measurement system or any other alternative method of testing, the laboratory shall, before the Division conducts an inspection of the laboratory pursuant to the provisions of NAC 445A.0638, submit to the Division a written statement setting forth the performance-based measurement system or other alternative method of testing it intends to use. The Division may approve the performance-based measurement system or alternative method of testing if, as determined by the Division:
(a) The system or method is equivalent to or exceeds the approved method of testing for accuracy, precision, completeness and comparability relating to determining compliance with the regulatory concentration levels or system conditions;
(b) An approved method of testing is not available for use by the laboratory to determine the presence of an analyte for which the laboratory requests certification pursuant to the provisions of NAC 445A.0552 to 445A.067, inclusive; or
(c) The laboratory obtains approval for the system or method from the Environmental Protection Agency.
6. To be certified to test for a specific analyte using an approved method of testing, a laboratory must comply with the requirements established by the Division for the approved method of testing and the standards for initial and continuing calibrations of test equipment and demonstrations by analysts of precision, accuracy, sensitivity and low system background for each analyte. If a conflict occurs between the requirements established by the Division and the Standards, the Standards apply.
7. As used in this section:
(a) “Holding times” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.
(b) “Limit of detection” means the smallest amount or concentration of an analyte that can be reliably detected in a given sample by a specific measurement process.
(c) “Low system background” means an analysis of a method blank that does not yield contamination at a concentration that is greater than the method detection limit or the limit of detection, whichever is applicable to the particular analyte.
(d) “Method blank” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.
(e) “Method detection limit” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0628 Certification by Division or pursuant to National Environmental Laboratory Accreditation Program. (NRS 445A.425, 445A.428)
1. A laboratory may apply for certification by the Division or certification pursuant to the National Environmental Laboratory Accreditation Program.
2. To obtain certification by the Division, a laboratory must comply with the provisions of NAC 445A.0552 to 445A.067, inclusive.
3. A laboratory that is certified by the Division may provide analytical data for an environmental sample originating in this State for each analyte for which the laboratory is certified.
4. To obtain certification pursuant to the National Environmental Laboratory Accreditation Program, a laboratory must:
(a) Comply with the provisions of NAC 445A.0552 to 445A.067, inclusive;
(b) Before obtaining certification pursuant to the Program and every 2 years after obtaining that certification, submit to an assessment of the laboratory conducted at the laboratory under the direction of a person who is approved pursuant to the Program; and
(c) Specify in its application for certification at least one approved method of testing an analyte pursuant to the provisions of subsections 4 and 6 of NAC 445A.0622.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0632 Application for certification. (NRS 445A.425, 445A.428)
1. To apply for certification pursuant to the provisions of NAC 445A.0552 to 445A.067, inclusive, the director of the laboratory for which certification is requested must submit an application to the Division on a form approved by the Division. The application must be accompanied by the fees prescribed in NAC 445A.066 and include the information specified in sections 4.1.7 and 4.1.9 of the Standards.
2. The provisions of this section do not require an application and certificate for each building or other portion of a certified laboratory that:
(a) Is operated by the same management, quality manual and quality assurance officer as the certified laboratory;
(b) Uses only methods for which the laboratory is certified;
(c) Does not issue reports directly but forwards data to the certified laboratory for reporting purposes; and
(d) The Division determines is used to analyze the same environmental samples as the certified laboratory.
Ê As used in this subsection, “quality assurance officer” means the quality assurance officer specified in section 5.4.2 of the Standards.
3. The Division shall not consider an application for certification submitted pursuant to this section to be complete unless:
(a) The laboratory specifies in the application the approved methods of testing in accordance with the provisions of NAC 445A.0622;
(b) The laboratory satisfactorily analyzes proficiency test samples in accordance with the provisions of NAC 445A.0634;
(c) The laboratory adopts a quality manual and submits the manual to the Division pursuant to the provisions of NAC 445A.0636;
(d) Except for a laboratory that complies with the provisions of NAC 445A.0665, the Division conducts an inspection of the laboratory for the approved methods of testing analytes for which the laboratory requests certification pursuant to the provisions of NAC 445A.0638;
(e) If the report of an inspection of the laboratory conducted by the Division includes any deficiency that must be corrected, the laboratory submits to the Division a written plan to correct the deficiency in accordance with the provisions of subsection 7 of NAC 445A.0638;
(f) The director of the laboratory is qualified for that position pursuant to the provisions of subsection 4.1 of chapter 4 of the Standards; and
(g) The applicable fees prescribed in NAC 445A.066 have been paid.
4. An application for certification shall be deemed withdrawn by the applicant if it is not completed pursuant to the provisions of this section within 1 year after the Division receives the application. The Division may extend the period in which an application must be completed pursuant to this subsection if the applicant submits to the Division a written request for an extension setting forth the reasons for the request.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0634 Participation in proficiency testing program. (NRS 445A.425, 445A.428)
1. Each laboratory for which an application for certification is submitted and each certified laboratory must participate in a proficiency testing program. The laboratory must:
(a) Obtain single-blind proficiency test samples from a provider approved by a Proficiency Testing Oversight Body/Proficiency Testing Provider Accreditor;
(b) Analyze the proficiency test samples, if available, for each category of certification and analyte that is included in the program; and
(c) Report the results of the analysis to the provider specified in paragraph (a).
Ê If the laboratory is a certified laboratory and if a test will be conducted for each category of certification and analyte for which the laboratory is certified, the certified laboratory must analyze a proficiency test sample pursuant to the program not less than once every 6 months.
2. Each laboratory specified in subsection 1 shall pay the costs of subscribing to a program specified in that subsection.
3. Each laboratory specified in subsection 1 must satisfactorily analyze each analyte that is included in the program specified in subsection 3 of NAC 445A.0622 on two of the most recent three rounds of testing. Each laboratory shall, before obtaining a proficiency test sample pursuant to paragraph (a) of subsection 1, authorize the provider of the proficiency test sample to submit to the Division the results of any test taken pursuant to the provisions of this section. If the laboratory fails to provide that authorization, the Division may refuse to consider the results of any test taken pursuant to those provisions.
4. The Division shall consider the results of any test taken pursuant to this section to be satisfactory if the results are within the limits of acceptance established by the provider of the proficiency test samples in accordance with the provisions of Appendix C of chapter 2 of the Standards.
5. If the Division determines that the results of a test are satisfactory, the laboratory may be certified to use any approved method of testing for each analyte that is satisfactorily analyzed by the laboratory if, as determined by the Division, data sufficient to validate the use of that method of testing on an annual basis are available. If such data are not available, the Division shall deny or revoke certification for that method of testing. As used in this subsection, “data sufficient to validate” means performance of an initial demonstration of capability as defined in section 7.2.8 of the manual specified in paragraph (e) of subsection 1 of NAC 445A.0612.
6. If a certified laboratory fails:
(a) Two rounds of testing pursuant to subsection 3, the Division shall suspend the certification of that laboratory for each analyte the laboratory failed to analyze during those rounds; or
(b) Three rounds of testing pursuant to that subsection, the Division shall revoke the certification of that laboratory for each analyte the laboratory failed to analyze during those rounds.
7. If the Division suspends the certification of a certified laboratory pursuant to subsection 6 because the laboratory failed two nonconsecutive rounds of testing, the Division shall reinstate the certification of that laboratory for the method of testing an analyte for which the certification was suspended if the certified laboratory satisfactorily analyzes the analyte in a proficiency test sample that is approved by the Division.
8. If the Division suspends the certification of a certified laboratory pursuant to subsection 6 because the laboratory failed to analyze an analyte on two consecutive rounds of testing, the laboratory must satisfactorily analyze the analyte during each of two consecutive rounds of testing conducted after the Division suspends the certification.
9. If the Division revokes the certification of a certified laboratory pursuant to subsection 6, the laboratory must:
(a) Analyze satisfactorily the analyte for which the certification was revoked during each of two consecutive rounds of testing conducted after the Division revoked the certification; and
(b) Reapply for certification and pay the applicable fees pursuant to the provisions of NAC 445A.0552 to 445A.067, inclusive.
Ê If a certified laboratory complies with the provisions of this subsection and is otherwise qualified for certification pursuant to the provisions of NAC 445A.0552 to 445A.067, inclusive, the Division shall reinstate the certification of the laboratory for each method of testing and analyte for which the laboratory was certified.
10. Each certified laboratory must comply with the requirements concerning enrollment, testing, conduct and participation in the program specified in subsection 1 pursuant to the provisions of sections 2.4, 2.5 and 2.7 of the Standards.
11. As used in this section, “Proficiency Testing Oversight Body/Proficiency Testing Provider Accreditor” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0636 Adoption of quality manual by laboratory; contents. (NRS 445A.425, 445A.428)
1. Each laboratory that applies for certification pursuant to NAC 445A.0552 to 445A.067, inclusive, shall adopt a quality manual and comply with the provisions of that manual. The director of the laboratory shall submit the manual to the Division before the Division conducts an inspection of the laboratory.
2. Each quality manual specified in subsection 1 must be adopted in accordance with the provisions of section 5.5 of the Standards and include, without limitation:
(a) A statement setting forth the requirements of the laboratory for sensitivity, precision and accuracy for each method of testing or analyte for which the laboratory requests certification;
(b) The policy of the laboratory concerning any unauthorized use of data or fraudulent activity that occurs at the laboratory; and
(c) The policy of the laboratory concerning the collection of samples for the purpose of determining compliance with the Federal Act. The policy must provide that:
(1) A person taking a sample shall sign and date an attestation indicating the validity and authenticity of the sample; and
(2) Tampering with or intentionally mislabeling the location, date, time or collection of a sample may be considered grounds for the denial of an application for certification or the revocation, suspension or limitation of certification pursuant to the provisions of NAC 445A.0642.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0638 Inspection of laboratory by Division. (NRS 445A.425, 445A.428)
1. Unless a laboratory satisfies the provisions of paragraph (c) of subsection 2 of NAC 445A.0665, the Division shall conduct an inspection of the premises and operation of each certified laboratory or laboratory for which an application for certification is submitted pursuant to the provisions of NAC 445A.0632. An inspection conducted pursuant to this section must be conducted in accordance with the provisions of sections 3.4 to 3.7, inclusive, of the Standards. If a certified laboratory conducts analyses of water, the laboratory must be inspected in accordance with the manual adopted by reference pursuant to the provisions of paragraph (e) of subsection 1 of NAC 445A.0612. A certified laboratory shall analyze a quality control sample for each method of testing an analyte for which it is certified:
(a) At least once every 3 months; and
(b) Each time a new calibration curve is generated.
2. The Division shall conduct an inspection specified in subsection 1:
(a) Not less than once every 2 years, if the laboratory is a certified laboratory; or
(b) If the laboratory submits an application for certification pursuant to the provisions of NAC 445A.0632, not more than 30 days after the Division determines that the laboratory has complied with the provisions of paragraphs (a), (b) and (c) of subsection 3 of that section.
3. The Division may conduct an inspection of a laboratory more than once every 2 years pursuant to this section if:
(a) The Division receives a complaint concerning the quality of the laboratory from a member of the general public or any public agency;
(b) The Division has reasonable cause to believe the laboratory is engaging in fraudulent activity;
(c) The Division identifies deficiencies in the operation of the laboratory after conducting an inspection of the laboratory pursuant to this section;
(d) The laboratory notifies the Division pursuant to NAC 445A.0652 of any changes specified in that section; or
(e) Any circumstance specified in section 3.3 of the Standards occurs.
4. An inspection conducted pursuant to the provisions of this section may include, without limitation:
(a) Requiring the laboratory to conduct an analysis of a proficiency test sample; and
(b) Photocopying, photographing or videotaping:
(1) Any part of the laboratory that is used for analyzing samples of water pursuant to the Federal Act;
(2) Any equipment, activity, environmental sample, records or results of any test relating to the analysis of water pursuant to the Federal Act;
(3) Any data concerning the control of the quality of any analysis conducted by the laboratory pursuant to the Federal Act; or
(4) Any other information required by the Division to ensure compliance with the provisions of NAC 445A.0552 to 445A.067, inclusive.
5. Except as otherwise provided in this subsection, the Division shall announce each inspection conducted pursuant to the provisions of this section. The Division may conduct an unannounced inspection of a laboratory if the Division determines that such an inspection is required to ensure compliance by the laboratory with the provisions of NAC 445A.0552 to 445A.067, inclusive. In determining whether to conduct an unannounced inspection, the Division shall consider:
(a) The laboratory’s record of compliance with the provisions of NAC 445A.0552 to 445A.067, inclusive;
(b) The results of any proficiency test taken by the laboratory;
(c) The performance of any analyst or other employee of the laboratory in conducting an analysis of an environmental sample pursuant to the provisions of NAC 445A.0552 to 445A.067, inclusive;
(d) Any complaints concerning the laboratory that the Division has received from members of the general public or any public agency; and
(e) The performance of the laboratory in conducting analyses pursuant to the provisions of NAC 445A.0552 to 445A.067, inclusive.
6. If the Division conducts an inspection of a laboratory pursuant to the provisions of this section, the laboratory shall:
(a) Ensure that any record or other information which relates to compliance by the laboratory with the Federal Act or NAC 445A.0552 to 445A.067, inclusive, and which is required by the Division to conduct the inspection is available for review, including, without limitation:
(1) The quality manual adopted pursuant to the provisions of NAC 445A.0636;
(2) Any information concerning the methods of testing used by the laboratory;
(3) Any data concerning the control of the quality of an analysis conducted by the laboratory; and
(4) Any information concerning any proficiency test taken by the laboratory; and
(b) Allow the Division to:
(1) Examine any records of the laboratory concerning the operation or certification of the laboratory that relate to compliance by the laboratory with the Federal Act or NAC 445A.0552 to 445A.067, inclusive;
(2) Observe the operation, facilities and equipment of the laboratory that relate to compliance with the Federal Act or NAC 445A.0552 to 445A.067, inclusive;
(3) Interview any employee of the laboratory who performs duties relating to compliance by the laboratory with the Federal Act or NAC 445A.0552 to 445A.067, inclusive; and
(4) Engage in any activity which is necessary and appropriate for determining compliance by the laboratory with the Federal Act or NAC 445A.0552 to 445A.067, inclusive, and which is required by the Division.
7. If the Division conducts an inspection of a laboratory, it shall, within 30 days after it conducts the inspection, provide to the laboratory a copy of the report of the inspection. The report must include any deficiency the Division discovers during its inspection of the laboratory. The laboratory shall prepare a plan to correct the deficiency specified in the report. The plan must:
(a) Be submitted to the Division not more than 30 days after the laboratory receives the report from the Division;
(b) Be submitted on a form approved by the Division; and
(c) Include, without limitation:
(1) The signature of the person who prepared the plan; and
(2) The proposed date by which the laboratory will correct the deficiency.
8. If, after reviewing the plan submitted pursuant to subsection 7, the Division determines that the plan is insufficient to correct the deficiency, the Division shall notify the laboratory of that fact in writing. Upon receipt of the written notice, the laboratory shall, not more than 30 days after receiving the notice, submit a revised plan to the Division. If, after reviewing the revised plan, the Division determines that the revised plan is insufficient to correct the deficiency, or if the Division conducts an inspection of the laboratory and determines that the deficiency has not been corrected, the Division shall deny the laboratory’s application for certification or revoke its certification.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0642 Grounds for denial of application for certification, or revocation, suspension or limitation of certification. (NRS 445A.425, 445A.428)
1. The Division may deny an application for certification of a laboratory or revoke, suspend or limit the certification of a certified laboratory if the laboratory:
(a) Makes a false statement in:
(1) An application for certification;
(2) A report concerning the analysis of an environmental sample; or
(3) Any other document relating to certification in violation of the provisions of NAC 445A.0552 to 445A.067, inclusive;
(b) Falsifies any results of laboratory testing or misrepresents any information obtained from laboratory testing in violation of the provisions of NAC 445A.0626 or 445A.0654;
(c) Fails to maintain the facilities or equipment of the laboratory in accordance with the quality manual or quality system of the laboratory;
(d) Fails to participate satisfactorily in a proficiency testing program, if the program is available, in violation of the provisions of NAC 445A.0634;
(e) Falsely claims certification for a method of testing or an analyte for which the laboratory is not certified in violation of the provisions of NAC 445A.0654;
(f) Fails to prepare a plan of correction or to correct any deficiency specified by the Division within the period specified in the plan in violation of the provisions of NAC 445A.0638;
(g) Fails to pay any fees or expenses of the Division in violation of the provisions of NAC 445A.066;
(h) Fails to notify the Division of any changes specified in NAC 445A.0652;
(i) Authorizes a person who is not qualified to perform an analysis in violation of the provisions of NAC 445A.0626;
(j) Communicates with or receives a communication concerning the results of a proficiency test sample from a laboratory on or before the date established for submitting the results of that sample to the provider of the sample pursuant to the provisions of NAC 445A.0634;
(k) Knowingly receives a proficiency test sample from a laboratory or provides a proficiency test sample to a laboratory on or before the date specified in paragraph (j);
(l) Prohibits an employee of the Division from conducting an inspection of the laboratory in violation of the provisions of NAC 445A.0638;
(m) Fails to provide to the Division any information required by the Division to determine whether a laboratory is operated in compliance with the provisions of NAC 445A.0552 to 445A.067, inclusive;
(n) Misrepresents any material fact to obtain or maintain certification pursuant to the provisions of NAC 445A.0552 to 445A.067, inclusive;
(o) Engages in any activity that is a ground for the denial of an application for certification or for the suspension or revocation of the certification of a laboratory set forth in section 4.1.4(d) or 4.4 of the Standards; or
(p) Knowingly employs, directly or indirectly, a person who has violated a provision of NRS 445A.300 to 445A.730, inclusive, or NAC 445A.0552 to 445A.067, inclusive.
2. In determining whether to deny an application for certification or to revoke, suspend or limit the certification of a laboratory pursuant to this section, the Division shall consider:
(a) The gravity of the violation;
(b) The harm to the health and safety of the members of the general public;
(c) The intent of the person who committed the violation;
(d) The extent of the violation; and
(e) Any proposed correction of the violation.
3. As used in this section, “quality system” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0644 Reapplication after denial of application or revocation of certification. (NRS 445A.425, 445A.428) If the Division denies an application for certification submitted by a laboratory or revokes the certification of a certified laboratory, the laboratory may, after the period specified in section 4.4 of the Standards expires, reapply for certification in the manner prescribed in NAC 445A.0632.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000)
NAC 445A.0646 Renewal of certification. (NRS 445A.425, 445A.428)
1. The Division may renew the certificate of a certified laboratory if:
(a) The laboratory pays the applicable fee to renew the certificate;
(b) The laboratory submits a statement on a form approved by the Division indicating that it is in compliance with the provisions of NAC 445A.0552 to 445A.067, inclusive, concerning each category of testing, method of testing and analyte for which it is certified;
(c) The laboratory submits a report to the Division indicating that it has received satisfactory proficiency test results for each category of testing and analyte for which it is certified; and
(d) The Division determines that the laboratory is in compliance with the provisions of NAC 445A.0552 to 445A.067, inclusive.
2. A certificate issued to a laboratory pursuant to the provisions of NAC 445A.0552 to 445A.067, inclusive, expires on July 31 of each year. If the certificate of a certified laboratory expires, the laboratory may apply for certification in the manner prescribed in NAC 445A.0632.
3. The Division shall make available to each certified laboratory a notice for the renewal of the certificate and a form to provide a statement of compliance specified in paragraph (b) of subsection 1.
4. Each certified laboratory shall maintain any record specified in section 4.3.3 of the Standards in accordance with the provisions of that section.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0648 Display of certificate; conditions for surrender of certificate; issuance of document. (NRS 445A.425, 445A.428)
1. The director of the laboratory shall display the certificate issued by the Division in a conspicuous place in the laboratory to which the members of the general public have access.
2. The certificate is the property of the Division and must be surrendered to the Division if:
(a) The Division revokes the certificate;
(b) The laboratory for which the certificate is issued ceases to conduct analyses of water for which a certificate is required; or
(c) The Division ceases to be an accrediting authority approved by the Environmental Protection Agency. As used in this paragraph, “accrediting authority” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.
3. In addition to issuing a certificate to each certified laboratory, the Division shall provide to each certified laboratory a document which indicates each category of testing an analyte for which the laboratory is certified. If, after the Division provides the document to the laboratory, the Division certifies the laboratory for an additional analyte or the Division revokes, suspends or limits the certification of the laboratory for a category of testing or analyte, the Division shall revise the document to include the additional analyte for which the laboratory is certified or the category of testing or analyte that is revoked, suspended or limited by the Division.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
NAC 445A.0652 Notification of Division of certain changes concerning certified laboratory. (NRS 445A.425, 445A.428) If, as determined by the Division, a change concerning a certified laboratory occurs that substantially affects the ability of the laboratory to perform any analysis for which the laboratory is certified, the director of the laboratory shall, not more than 30 days after the change occurs, notify the Division of the change in writing. For the purposes of this section, a change includes, without limitation, a change in the name, ownership, location or personnel of a laboratory or any other change specified in sections 4.1.8 and 4.3.2 of the Standards.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000)
NAC 445A.0654 Contractual agreements, records and reports. (NRS 445A.425, 445A.428)
1. A certified laboratory shall ensure that each analysis it performs complies with the provisions of Appendix D of chapter 5 of the Standards.
2. A certified laboratory shall maintain any document or other information required by the provisions of section 4.3.3 of the Standards in accordance with the provisions of that section.
3. If a certified laboratory prepares a report of any test conducted pursuant to the provisions of this section, the report must be prepared in accordance with the provisions of section 5.13 of the Standards.
4. If a certified laboratory is not certified to conduct a test in a category of testing or to use a method of testing or test for an analyte pursuant to the provisions of NAC 445A.0552 to 445A.067, inclusive, the director of the laboratory may contract with a certified laboratory to perform that test if:
(a) Before entering into the contract, the director notifies in writing the person for whom the test will be conducted of his intent to enter into the contract; and
(b) The laboratory complies with the requirements specified in section 5.14 of the Standards.
5. If a certified laboratory contracts with another certified laboratory pursuant to the provisions of this section, the director of the certified laboratory shall ensure that the certified laboratory that will conduct the test is certified pursuant to the provisions of NAC 445A.0552 to 445A.067, inclusive. If the certified laboratory that offered the contract maintains any record of the contract or of any test conducted pursuant to the contract, it shall include in that record:
(a) Any report submitted by the certified laboratory that conducted the test concerning the results of the test; and
(b) The certification number of the certified laboratory that conducted the test.
6. If the certified laboratory that offered the contract prepares a report concerning the results of any test conducted pursuant to the contract, it shall specify in the report that the results of that test were obtained by contract pursuant to the provisions of this section.
(Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)
Miscellaneous Provisions
NAC 445A.066 Fees for certification. (NRS 445A.425, 445A.428)
1. Except as otherwise provided in subsection 2, a laboratory must submit an annual fee of $500 with each application for certification.
2. A laboratory which only performs analysis for microbiology is not required to pay the fee provided pursuant to subsection 1.
3. In addition to the fee required pursuant to the provisions of subsections 1 and 4, a laboratory must submit an annual certification fee for each category of contaminant for which certification is requested. The categories of contaminants and annual fees are:
|
CATEGORY OF CONTAMINANT |
ANNUAL FEE |
|
|
|
|
Asbestos................................................................................................................. |
.... $400 |
|
Cyanide.................................................................................................................. |
...... 250 |
|
Demands................................................................................................................ |
...... 350 |
|
Dioxin..................................................................................................................... |
...... 545 |
|
Herbicides.............................................................................................................. |
...... 545 |
|
Microbiology.......................................................................................................... |
...... 400 |
|
Minerals.................................................................................................................. |
...... 400 |
|
Nutrients................................................................................................................. |
...... 250 |
|
Oil and grease......................................................................................................... |
...... 250 |
|
Perchlorate.............................................................................................................. |
...... 250 |
|
Pesticides................................................................................................................ |
...... 545 |
|
Phenolics................................................................................................................ |
...... 250 |
|
Polyaromatic hydrocarbons.................................................................................... |
...... 545 |
|
Polychlorinated biphenyls in oil............................................................................. |
...... 545 |
|
Polychlorinated biphenyls in wastewater............................................................... |
...... 545 |
|
Radiochemistry...................................................................................................... |
...... 545 |
|
Residual chlorine.................................................................................................... |
...... 125 |
|
Residue................................................................................................................... |
...... 350 |
|
Semivolatile organic chemistry............................................................................... |
...... 545 |
|
Synthetic Organic Compounds Group 1 (includes semivolatile organic chemistry, pesticides, herbicides and polyaromatic hydrocarbons)................... |
... 1,500 |
|
Toxicity bioassay.................................................................................................... |
...... 400 |
|
Trace metals............................................................................................................ |
...... 545 |
|
Volatile organic chemistry...................................................................................... |
...... 545 |
|
Any other individual contaminant......................................................................... |
...... 200 |
|
Any other individual multicontaminant method.................................................... |
...... 400 |
4. In addition to the fees required pursuant to the provisions of subsections 1 and 3, if a laboratory applies for certification for a contaminant in more than two of the approved methods of testing for that contaminant, the laboratory must submit a fee of $200 for each additional approved method of testing.
5. If a laboratory applies for certification for additional contaminants after the laboratory has been issued a certification for an annual period of certification, the fee for certification for each additional contaminant is the fee provided for that contaminant pursuant to the provisions of subsection 3. The fee must be prorated pursuant to subsection 6 if the provisions of that subsection otherwise apply. If the Division conducts an evaluation for certification at the laboratory, the laboratory must pay, at the rate provided for state officers and employees generally, the actual travel and per diem expenses of the Division. If the laboratory is located outside of this State, the expenses must be paid pursuant to the provisions of subsection 7.
6. The fees are effective for 12 months beginning on August 1 of each year. If an application for certification to test for an analyte is submitted during that period, the fees for that certification must be prorated using the following formula:
Fee X .083 X the number of months remaining in the period of certification.
For the purpose of prorating fees, an application for certification to test for an analyte shall be deemed to have been submitted at the beginning of a month regardless of the date of the application. The prorated fee must be rounded to the next highest dollar. The fee provided pursuant to the provisions of subsection 1 must not be prorated.
7. If an evaluation for certification of a laboratory that is located outside of this State is conducted, the laboratory must pay the actual travel and per diem expenses of the employee of the Division who conducts the evaluation.
8. The fee for certification to test for a specific analyte must be paid before a certificate for that analyte may be issued.
9. Any fee paid pursuant to the provisions of this section is nonrefundable.
(Added to NAC by Environmental Comm’n, eff. 9-13-91; A 10-3-96; R070-99, 5-26-2000; R061-04, 10-7-2004)
NAC 445A.0665 Acceptance of analyses conducted by laboratory located outside State. (NRS 445A.425, 445A.428) The Division shall accept data relating to the analysis of contaminants regulated pursuant to NRS 445A.300 to 445A.730, inclusive, that are submitted from a laboratory located outside of this State if:
1. The laboratory has otherwise complied with the requirements set forth in NAC 445A.0552 to 445A.0665, inclusive;
2. The:
(a) Laboratory is certified by the United States Environmental Protection Agency;
(b) Division determines that the state where the laboratory is located:
(1) Has adopted a program for certifying laboratories for the analysis of water that is equivalent to the program for certifying those laboratories adopted by the Division; and
(2) Accepts the results of evaluations conducted pursuant to the program adopted by the Division; or
(c) Laboratory:
(1) Is located in a state that has established an agreement with this State concerning certification of laboratories by reciprocity; or
(2) Is certified pursuant to the National Environmental Laboratory Accreditation Program; and
3. The laboratory submits to the Division a copy of an acceptable report relating to the most recent evaluation conducted at the laboratory by:
(a) The state where the laboratory is certified;
(b) An independent organization that is approved by the Division to certify laboratories for the analysis of water; or
(c) The United States Environmental Protection Agency.
Ê The evaluation to which the report relates must be conducted within the 2 years immediately preceding the date of the application of the laboratory for certification.
(Added to NAC by Environmental Comm’n, eff. 9-13-91; A 10-3-96; 10-29-97; A by R070-99, 5-26-2000; R061-04, 10-7-2004)
NAC 445A.067 Review by Commission of publications adopted by reference. (NRS 445A.425, 445A.428) If any publication adopted by reference pursuant to the provisions of NAC 445A.0552 to 445A.067, inclusive, is revised, the Commission may review the revision to determine its suitability for this State. If the Commission determines that the revision is not suitable for this State, it will hold a public hearing to review its determination and give notice of that hearing within 6 months after the date of the publication of the revision. If, after the hearing, the Commission does not revise its determination, the Commission will give notice that the revision is not suitable for this State within 30 days after the hearing. If the Commission does not give such notice, the revision becomes part of the publication adopted by reference pursuant to the provisions of NAC 445A.0552 to 445A.067, inclusive.
(Added to NAC by Environmental Comm’n, eff. 10-3-96; A by R070-99, 5-26-2000; R061-04, 10-7-2004)
WATER POLLUTION CONTROL
General Provisions
NAC 445A.070 Definitions. (NRS 445A.425) As used in NAC 445A.070 to 445A.348, inclusive, unless the context otherwise requires, the words and terms defined in NAC 445A.071 to 445A.116, inclusive, have the meanings ascribed to them in those sections.
[Environmental Comm’n, Water Pollution Control Reg. part Art. 1, eff. 5-2-78; A 1-25-79]—(NAC A 7-22-87; 9-20-90; 9-13-91; 5-27-92; 10-3-96; R017-99, 9-27-99; R129-01, 1-18-2002; R099-02, 12-17-2002)
NAC 445A.071 “A.G.M.” defined. (NRS 445A.425) “A.G.M.” means the annual geometric mean.
(Added to NAC by Environmental Comm’n, eff. 12-3-84)—(Substituted in revision for NAC 445.0705)
NAC 445A.072 “Act” defined. (NRS 445A.425) “Act” means the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §§ 1251 et seq.
[Environmental Comm’n, Water Pollution Control Reg. § 1.1, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.071)
NAC 445A.073 “Acute toxicity value” defined. (NRS 445A.425) “Acute toxicity value” means the concentration that is lethal to 50 percent of the test organisms within 96 hours.
[Environmental Comm’n, Water Pollution Control Reg. Art. 1 § a, eff. 7-2-80]—(Substituted in revision for NAC 445.072)
NAC 445A.074 “Administrator” defined. (NRS 445A.425) “Administrator” means the Administrator of the United States Environmental Protection Agency.
[Environmental Comm’n, Water Pollution Control Reg. § 1.2, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.073)
NAC 445A.0745 “Annual mean flow” defined. (NRS 445A.425) “Annual mean flow” means a value calculated by:
1. Determining the rate of flow of water at or near the location at which a sample of water is taken not more than once each day during a 365-day period;
2. Summing the amounts determined pursuant to subsection 1 during the 365-day period; and
3. Dividing the sum determined pursuant to subsection 2 by the total number of days the rate of flow of water is measured pursuant to subsection 1 during the 365-day period.
(Added to NAC by Environmental Comm’n by R017-99, eff. 9-27-99)
NAC 445A.075 “Aquatic animal production facility” defined. (NRS 445A.425) “Aquatic animal production facility” means a hatchery, fish farm or other facility which contains, grows or holds:
1. Fish or other aquatic animals in ponds, raceways or other similar structures for purposes of production and from which there is a discharge on any 30 days or more per year, but does not include:
(a) Closed ponds which discharge only during periods of excess runoff; or
(b) Facilities which produce less than 20,000 pounds of aquatic animals per year.
2. Any species of fish or other animal life (other than carp (Cyprinum carpio), goldfish (Carrasius auratus) or brown trout (Salmo trutta)) nonnative to the United States as defined in “Special Publication No. 6” of the American Fisheries Society entitled “A List of Common and Scientific Names of Fishes from the United States and Canada” and from which there is a discharge at any time.
[Environmental Comm’n, Water Pollution Control Reg. §§ 1.3-1.3.1.2, eff. 5-2-78; § 1.3.2, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.074)
NAC 445A.077 “Commission” defined. (NRS 445A.425) “Commission” means the State Environmental Commission.
[Environmental Comm’n, Water Pollution Control Reg. § 1.5, eff. 5-2-78; A and renumbered as § 1.4, 1-25-79]—(Substituted in revision for NAC 445.075)
NAC 445A.078 “Complete treatment” defined. (NRS 445A.425) “Complete treatment” means that degree of treatment which is required to continuously produce water which meets the standards for drinking water of the State Board of Health.
[Environmental Comm’n, Water Pollution Control Reg. § 1.6, eff. 5-2-78; A and renumbered as § 1.5, 1-25-79]—(Substituted in revision for NAC 445.076)
NAC 445A.079 “Conventional treatment” defined. (NRS 445A.425) “Conventional treatment” means processes such as coagulation, sedimentation, filtration and disinfection. The term does not include desalting techniques.
[Environmental Comm’n, Water Pollution Control Reg. § 1.7, eff. 5-2-78; A and renumbered as § 1.6, 1-25-79]—(Substituted in revision for NAC 445.077)
NAC 445A.080 “Department” defined. (NRS 445A.425) “Department” means the State Department of Conservation and Natural Resources.
[Environmental Comm’n, Water Pollution Control Reg. § 1.8, eff. 5-2-78; A and renumbered as § 1.7, 1-25-79]—(Substituted in revision for NAC 445.078)
NAC 445A.081 “Director” defined. (NRS 445A.425) “Director” means the Director of the Department or his designee.
[Environmental Comm’n, Water Pollution Control Reg. § 1.9, eff. 5-2-78; A and renumbered as § 1.8, 1-25-79]—(Substituted in revision for NAC 445.079)
NAC 445A.082 “Discharge” defined. (NRS 445A.425) “Discharge” has the meaning ascribed to it in NRS 445A.345.
[Environmental Comm’n, Water Pollution Control Reg. § 1.10, eff. 5-2-78; A and renumbered as § 1.9, 1-25-79]—(Substituted in revision for NAC 445.080)
NAC 445A.083 “Disinfection” defined. (NRS 445A.425) “Disinfection” means the destruction or inactivation of disease-producing organisms.
[Environmental Comm’n, Water Pollution Control Reg. § 1.11 eff. 5-2-78; A and renumbered as § 1.10, 1-25-79]—(Substituted in revision for NAC 445.081)
NAC 445A.084 “Division” defined. (NRS 445A.425) “Division” has the meaning ascribed to it in NRS 445A.350.
[Environmental Comm’n, Water Pollution Control Reg. § 1.11, eff. 1-25-79]—(Substituted in revision for NAC 445.082)
NAC 445A.0845 “E. coli” defined. (NRS 445A.425) “E. coli” means Escherichia coli.
(Added to NAC by Environmental Comm’n by R099-02, eff. 12-17-2002)
NAC 445A.085 “Effluent limitation” defined. (NRS 445A.425) “Effluent limitation” has the meaning ascribed to it in NRS 445A.355.
[Environmental Comm’n, Water Pollution Control Reg. § 1.12, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.083)
NAC 445A.086 “Filtration” defined. (NRS 445A.425) “Filtration” means a physical-chemical process for removing suspended and colloidal impurities from water by passage through a porous medium by the following mechanisms: Absorption, flocculation, sedimentation and straining.
[Environmental Comm’n, Water Pollution Control Reg. § 1.13, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.084)
NAC 445A.0865 “Flow weighted annual average concentration” defined. (NRS 445A.425) “Flow weighted annual average concentration” means a value calculated by:
1. Multiplying, not more than once each day during a 365-day period, the concentration of pollutants present in a sample of water by the rate of flow of the water at the location and time at which the sample is taken;
2. Summing the amounts determined pursuant to subsection 1 during a 365-day period;
3. Dividing the sum determined pursuant to subsection 2 by the total number of days the concentration of pollutants is measured pursuant to subsection 1 during a 365-day period; and
4. Dividing the amount determined pursuant to subsection 3 by the annual mean flow.
(Added to NAC by Environmental Comm’n by R017-99, eff. 9-27-99)
NAC 445A.087 “Individual sewage disposal system” defined. (NRS 445A.425) “Individual sewage disposal system” means a system of sewage treatment tanks or tank and effluent absorption or percolation facilities serving a single dwelling or structure.
[Environmental Comm’n, Water Pollution Control Reg. § 1.14, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.085)
NAC 445A.088 “Industrial user” defined. (NRS 445A.425) “Industrial user” means any industry identified in the Standard Industrial Classification Manual, published by the United States Bureau of the Budget, under the category “Division D-Manufacturing” and the other classes of significant waste producers as, by regulation, the Director or the Commission deems appropriate.
[Environmental Comm’n, Water Pollution Control Reg. § 1.42, eff. 10-26-79]—(Substituted in revision for NAC 445.086)
NAC 445A.089 “Industrial wastes” defined. (NRS 445A.425) “Industrial wastes” means wastes resulting from any process of industry, manufacturing, trade or business, or from the development or recovery of any natural resources.
[Environmental Comm’n, Water Pollution Control Reg. § 1.15, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.087)
NAC 445A.090 “Interstate agency” defined. (NRS 445A.425) “Interstate agency” has the meaning ascribed to it in NRS 445A.370.
[Environmental Comm’n, Water Pollution Control Reg. §§ 1.16-1.16.2, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.088)
NAC 445A.091 “Law” defined. (NRS 445A.425) “Law” means NRS 445A.300 to 445A.730, inclusive.
[Environmental Comm’n, Water Pollution Control Reg. § 1.17, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.089)
NAC 445A.092 “Minor discharge” defined. (NRS 445A.425) “Minor discharge” means any discharge which:
1. Has a total volume of less than 50,000 gallons on every day of the year;
2. Does not affect the waters of any other state; and
3. Is not identified by the Director, the Regional Administrator or the Administrator as a discharge which is not a minor discharge.
Ê If there is more than one discharge from a facility and the sum of the volumes of all discharges from the facility exceeds 50,000 gallons on any day of the year, then no discharge from the facility is a minor discharge as defined in this section.
[Environmental Comm’n, Water Pollution Control Reg. § 1.18, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.090)
NAC 445A.093 “Municipality” defined. (NRS 445A.425) “Municipality” has the meaning ascribed to it in NRS 445A.375.
[Environmental Comm’n, Water Pollution Control Reg. §§ 1.19-1.19.2, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.091)
NAC 445A.094 “NPDES” defined. (NRS 445A.425) “NPDES” means the National Pollutant Discharge Elimination System, which is the national system for the issuance of permits under section 402 of the Act.
[Environmental Comm’n, Water Pollution Control Reg. § 1.20, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.092)
NAC 445A.095 “Natural waters” defined. (NRS 445A.425) “Natural waters” means waters which have not been degraded or enhanced by actions attributable to man.
[Environmental Comm’n, Water Pollution Control Reg. § 1.21, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.093)
NAC 445A.096 “New source” defined. (NRS 445A.425) “New source” means any source, the construction of which is commenced after the publication of proposed regulations prescribing a standard of performance under section 306 of the Act which will be applicable to the source if the standard is thereafter promulgated in accordance with section 306 of the Act.
[Environmental Comm’n, Water Pollution Control Reg. § 1.22, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.094)
NAC 445A.097 “Origin” defined. (NRS 445A.425) “Origin” means all waters tributary to those waters being classified and are considered a part of the waters being classified unless otherwise designated.
[Environmental Comm’n, Water Pollution Control Reg. § 1.23, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.095)
NAC 445A.098 “Permit” defined. (NRS 445A.425) “Permit” means a written authorization to discharge pollutants into the waters of the State in accordance with the Act, the law and the regulations promulgated thereunder.
[Environmental Comm’n, Water Pollution Control Reg. § 1.24, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.096)
NAC 445A.099 “Person” defined. (NRS 445A.425) “Person” has the meaning ascribed to it in NRS 445A.390.
[Environmental Comm’n, Water Pollution Control Reg. §§ 1.25-1.25.2, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.097)
NAC 445A.100 “Point source” defined. (NRS 445A.425)
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.
[Environmental Comm’n, Water Pollution Control Reg. § 1.26, eff. 5-2-78; A 1-25-79]—(NAC A by R096-01, 1-18-2002)
NAC 445A.101 “Pollutant” defined. (NRS 445A.425) “Pollutant” has the meaning ascribed to it in NRS 445A.400.
[Environmental Comm’n, Water Pollution Control Reg. §§ 1.27-1.27.2, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.099)
NAC 445A.102 “Pollution” defined. (NRS 445A.425) “Pollution” has the meaning ascribed to it in NRS 445A.405.
[Environmental Comm’n, Water Pollution Control Reg. § 1.28, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.100)
NAC 445A.103 “Pretreatment program” defined. (NRS 445A.425) “Pretreatment program” means the general pretreatment regulations for existing and new sources of pollution as set forth in 40 C.F.R. §§ 403 et seq.
[Environmental Comm’n, Water Pollution Control Reg. § 1.43, eff. 10-26-79]—(Substituted in revision for NAC 445.101)
NAC 445A.104 “Pretreatment standards” defined. (NRS 445A.425) “Pretreatment standards” means the standards promulgated under section 307(b) of the Act.
[Environmental Comm’n, Water Pollution Control Reg. § 1.29, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.102)
NAC 445A.106 “Regional Administrator” defined. (NRS 445A.425) “Regional Administrator” means the Regional Administrator of the United States Environmental Protection Agency, Region IX.
[Environmental Comm’n, Water Pollution Control Reg. § 1.31, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.104)
NAC 445A.107 “Sewage” defined. (NRS 445A.425)
1. “Sewage” means the water-carried human or animal waste from residences, buildings, industrial establishments, feedlots or other places, together with such groundwater infiltration and surface water as may be present.
2. The term includes the mixture of sewage with wastes or industrial wastes.
[Environmental Comm’n, Water Pollution Control Reg. § 1.32, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.105)
NAC 445A.108 “Source” defined. (NRS 445A.425) “Source” means any building, structure, facility or installation from which there is or may be the discharge of pollutants.
[Environmental Comm’n, Water Pollution Control Reg. § 1.33, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.106)
NAC 445A.109 “Standard of performance” defined. (NRS 445A.425) “Standard of performance” means a standard for the control of the discharge of pollutants which reflects the greatest degree of effluent reduction which the Administrator determines to be achievable through application of the best available demonstrated control technology, processes, operating methods or other alternatives, including, where practicable, a standard permitting no discharge of pollutants.
[Environmental Comm’n, Water Pollution Control Reg. § 1.34, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.107)
NAC 445A.110 “Toxic material” defined. (NRS 445A.425)
1. “Toxic material” means any pollutant or combination of pollutants which will, on the basis of information available to the Administrator, cause an organism or its offspring to die or to suffer any:
(a) Disease;
(b) Behavioral abnormality;
(c) Cancer;
(d) Genetic mutation;
(e) Physiological malfunction, including a malfunction in reproduction; or
(f) Physical deformation,
Ê if that pollutant or combination of pollutants is discharged and exposed to or assimilated by the organism, whether directly from the environment or indirectly through food chains.
2. The term includes any disease-causing agent having the characteristics described in subsection 1.
[Environmental Comm’n, Water Pollution Control Reg. § 1.35, eff. 5-2-78; A 1-25-79]—(NAC A 9-26-90)—(Substituted in revision for NAC 445.108)
NAC 445A.111 “Treatment or waste treatment” defined. (NRS 445A.425) “Treatment or waste treatment” means the stabilization or alteration of the quality of wastewaters by physical, biological or chemical means or a combination thereof, for the purpose of reducing or eliminating adverse effects on water quality, such that the tendency of the wastes to cause any degradation in water quality or other environmental conditions is reduced or eliminated.
[Environmental Comm’n, Water Pollution Control Reg. § 1.36, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.109)
NAC 445A.112 “Treatment works” defined. (NRS 445A.425) “Treatment works” has the meaning ascribed to it in NRS 445A.410.
[Environmental Comm’n, Water Pollution Control Reg. §§ 1.37-1.37.5, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.110)
NAC 445A.113 “Water quality standards or limitations” defined. (NRS 445A.425) “Water quality standards or limitations” means any applicable state or federal water quality standards or limitations, including but not limited to water quality criteria, water use classifications, implementation plans and compliance schedules, effluent standards and limitations, prohibitions, standards of performance and pretreatment standards.
[Environmental Comm’n, Water Pollution Control Reg. § 1.38, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.111)
NAC 445A.114 “Waters of the State” defined. (NRS 445A.425) “Waters of the State” has the meaning ascribed to it in NRS 445A.415.
[Environmental Comm’n, Water Pollution Control Reg. § 1.39, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.112)
NAC 445A.115 “Zone of mixing” defined. (NRS 445A.425) “Zone of mixing” means the volume of water near the point of waste discharge within which the waste immediately mixes with the receiving water due to the momentum of the waste discharge and the difference in density between the waste and the receiving water.
[Environmental Comm’n, Water Pollution Control Reg. § 1.40, eff. 5-2-78; A 1-25-79]—(Substituted in revision for NAC 445.113)
NAC 445A.116 “Zone of passage” defined. (NRS 445A.425) “Zone of passage” means a continuous water route of the volume, cross-sectional area and quality necessary to allow passage of aquatic life without any significant effect produced on the aquatic life.
[Environmental Comm’n, Water Pollution Control Reg. § 1.41, eff. 5-2-78; A 1-25-79; renumbered as Art. 1 § b, 7-2-80]—(Substituted in revision for NAC 445.114)
NAC 445A.117 Severability. (NRS 445A.425) If any of the provisions of NAC 445A.070 to 445A.340, inclusive, or any application thereof to any person, thing or circumstance is held invalid, it is intended that the invalidity not affect the remaining provisions or their application that can be given effect without the invalid provision or application.
[Environmental Comm’n, Water Pollution Control Reg. Art. 5, eff. 5-2-78]—(NAC A 10-3-96)
Standards for Water Quality
NAC 445A.11704 Definitions. (NRS 445A.425, 445A.520) As used in NAC 445A.11704 to 445A.225, inclusive, unless the context otherwise requires, the terms and symbols defined in NAC 445A.11708 to 445A.1178, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Environmental Comm’n, eff. 6-29-84; A 11-9-95; R226-03, 4-23-2004)—(Substituted in revision for NAC 445A.128)
NAC 445A.11708 “A-Avg.” or “A.A.” defined. (NRS 445A.425, 445A.520) “A-Avg.” or “A.A.” means annual average.
(Added to NAC by Environmental Comm’n, eff. 6-29-84)—(Substituted in revision for NAC 445A.129)
NAC 445A.11712 “D” defined. (NRS 445A.425, 445A.520) “D” means the difference between two points.
(Added to NAC by Environmental Comm’n, eff. 6-29-84)—(Substituted in revision for NAC 445A.130)
NAC 445A.11716 “D pH” defined. (NRS 445A.425, 445A.520) “D pH” means the change in pH.
(Added to NAC by Environmental Comm’n, eff. 6-29-84)—(Substituted in revision for NAC 445A.131)
NAC 445A.1172 “D T” defined. (NRS 445A.425, 445A.520) “D T” means the change in temperature.
(Added to NAC by Environmental Comm’n, eff. 6-29-84)—(Substituted in revision for NAC 445A.132)
NAC 445A.11724 “Geometric mean” defined. (NRS 445A.425, 445A.520) “Geometric mean” means the mean of n positive numbers obtained by taking the nth root of the product of the numbers.
(Added to NAC by Environmental Comm’n, eff. 6-29-84)—(Substituted in revision for NAC 445A.133)
NAC 445A.11728 “HA” defined. (NRS 445A.425, 445A.520) “HA” means hydrographic area.
(Added to NAC by Environmental Comm’n by R226-03, eff. 4-23-2004)
NAC 445A.11732 “HR” defined. (NRS 445A.425, 445A.520) “HR” means hydrographic region.
(Added to NAC by Environmental Comm’n by R226-03, eff. 4-23-2004)
NAC 445A.11736 “M.D.B. & M.” defined. (NRS 445A.425, 445A.520) “M.D.B. & M.” means Mount Diablo Base and Meridian.
(Added to NAC by Environmental Comm’n by R226-03, eff. 4-23-2004)
NAC 445A.1174 “mg/l” defined. (NRS 445A.425, 445A.520) “mg/l” means the concentration of a substance, in milligrams, present in one liter of the water.
(Added to NAC by Environmental Comm’n, eff. 6-29-84)—(Substituted in revision for NAC 445A.134)
NAC 445A.11744 “No./100ml” defined. (NRS 445A.425, 445A.520) “No./100ml” means the number of organisms present in 100 milliliters of the water.
(Added to NAC by Environmental Comm’n, eff. 6-29-84)—(Substituted in revision for NAC 445A.135)
NAC 445A.11748 “NTU” defined. (NRS 445A.425, 445A.520) “NTU” means nephelometric turbidity units, a measure of turbidity.
(Added to NAC by Environmental Comm’n, eff. 6-29-84)—(Substituted in revision for NAC 445A.136)
NAC 445A.11752 “PCU” defined. (NRS 445A.425, 445A.520) “PCU” means platinum cobalt unit, a measure of color.
(Added to NAC by Environmental Comm’n, eff. 6-29-84)—(Substituted in revision for NAC 445A.137)
NAC 445A.11756 “pH unit” defined. (NRS 445A.425, 445A.520) “pH unit” means the negative log of the hydrogen ion concentration.
(Added to NAC by Environmental Comm’n, eff. 6-29-84)—(Substituted in revision for NAC 445A.138)
NAC 445A.1176 “SAR” defined. (NRS 445A.425, 445A.520) “SAR” means sodium adsorption ratio.
(Added to NAC by Environmental Comm’n, eff. 6-29-84)—(Substituted in revision for NAC 445A.139)
NAC 445A.11764 “SU” defined. (NRS 445A.425, 445A.520) “SU” means standard pH units.
(Added to NAC by Environmental Comm’n by R226-03, eff. 4-23-2004)
NAC 445A.11768 “S.V.” defined. (NRS 445A.425, 445A.520) “S.V.” means single value.
(Added to NAC by Environmental Comm’n, eff. 6-29-84)—(Substituted in revision for NAC 445A.140)
NAC 445A.11772 “Trout water” defined. (NRS 445A.425, 445A.520) “Trout water” means a reach of water that the Commission determines is suitable as a habitat for trout.
(Added to NAC by Environmental Comm’n by R226-03, eff. 4-23-2004)
NAC 445A.11776 “³” defined. (NRS 445A.425, 445A.520) “³” means greater than or equal to.
(Added to NAC by Environmental Comm’n, eff. 6-29-84)—(Substituted in revision for NAC 445A.141)
NAC 445A.1178 “£” defined. (NRS 445A.425, 445A.520) “£” means less than or equal to.
(Added to NAC by Environmental Comm’n, eff. 6-29-84)—(Substituted in revision for NAC 445A.142)
NAC 445A.118 Water quality criteria for total ammonia. (NRS 445A.425, 445A.520)
1. The acute criteria of water quality with regard to the concentration of total ammonia are subject to the following:
(a) The 1-hour average concentration of total ammonia, in milligrams of nitrogen per liter, for the protection of freshwater aquatic life is shown in Table 1.
(b) For cold-water fisheries, the concentration of total ammonia, in milligrams of nitrogen per liter, must not exceed the applicable acute criterion listed under “Cold-Water Fisheries” set forth in Table 1, more than once every 3 years on average.
(c) For warm-water fisheries, the concentration of total ammonia, in milligrams of nitrogen per liter, must not exceed the applicable acute criterion listed under “Warm-Water Fisheries” set forth in Table 1, more than once every 3 years on average.
2. The chronic criteria of water quality with regard to the concentration of total ammonia are subject to the following:
(a) The 30-day average concentration of total ammonia, in milligrams of nitrogen per liter, for the protection of freshwater aquatic life is shown in Tables 2 and 3.
(b) The concentration of total ammonia, in milligrams of nitrogen per liter, expressed as a 30-day average must not exceed the applicable chronic criterion listed in Tables 2 and 3 more than once every 3 years on average, and the highest 4-day average within the 30-day period must not exceed 2.5 times the applicable chronic criterion.
(c) Table 3 must not be used unless the Division receives acceptable documentation of the absence of freshwater fish in early life stages.
|
TABLE 1: ACUTE WATER QUALITY CRITERIA FOR TOTAL AMMONIA FOR FRESHWATER AQUATIC LIFE (mg nitrogen/l) |
||
|
pH |
Cold-Water Fisheries1 |
Warm-Water Fisheries2 |
|
6.5 |
32.6 |
48.8 |
|
6.6 |
31.3 |
46.8 |
|
6.7 |
29.8 |
44.6 |
|
6.8 |
28.1 |
42.0 |
|
6.9 |
26.2 |
39.1 |
|
7.0 |
24.1 |
36.1 |
|
7.1 |
22.0 |
32.8 |
|
7.2 |
19.7 |
29.5 |
|
7.3 |
17.5 |
26.2 |
|
7.4 |
15.4 |
23.0 |
|
7.5 |
13.3 |
19.9 |
|
7.6 |
11.4 |
17.0 |
|
7.7 |
9.65 |
14.4 |
|
7.8 |
8.11 |
12.1 |
|
7.9 |
6.77 |
10.1 |
|
8.0 |
5.62 |
8.40 |
|
8.1 |
4.64 |
6.95 |
|
8.2 |
3.83 |
5.72 |
|
8.3 |
3.15 |
4.71 |
|
8.4 |
2.59 |
3.88 |
|
8.5 |
2.14 |
3.20 |
|
8.6 |
1.77 |
2.65 |
|
8.7 |
1.47 |
2.20 |
|
8.8 |
1.23 |
1.84 |
|
8.9 |
1.04 |
1.56 |
|
9.0 |
0.885 |
1.32 |
1 The acute water quality criteria for total ammonia for cold-water fisheries were calculated using the following equation, which may also be used to calculate unlisted values:
Acute water quality criteria for ammonia (cold-water fisheries) =
2 The acute water quality criteria for total ammonia for warm-water fisheries were calculated using the following equation, which may also be used to calculate unlisted values:
Acute water quality criteria for ammonia (warm-water fisheries) =
|
TABLE 2: CHRONIC WATER QUALITY CRITERIA FOR TOTAL AMMONIA FOR WATERS WHERE FRESHWATER FISH IN EARLY LIFE STAGES MAY BE PRESENT (mg nitrogen/l)1 |
||||||||||
|
pH |
Temperature (°C) |
|||||||||
|
0 |
14 |
16 |
18 |
20 |
22 |
24 |
26 |
28 |
30 |
|
|
6.5 |
6.67 |
6.67 |
6.06 |
5.33 |
4.68 |
4.12 |
3.62 |
3.18 |
2.80 |
2.46 |
|
6.6 |
6.57 |
6.57 |
5.97 |
5.25 |
4.61 |
4.05 |
3.56 |
3.13 |
2.75 |
2.42 |
|
6.7 |
6.44 |
6.44 |
5.86 |
5.15 |
4.52 |
3.98 |
3.50 |
3.07 |
2.70 |
2.37 |
|
6.8 |
6.29 |
6.29 |
5.72 |
5.03 |
4.42 |
3.89 |
3.42 |
3.00 |
2.64 |
2.32 |
|
6.9 |
6.12 |
6.12 |
5.56 |
4.89 |
4.30 |
3.78 |
3.32 |
2.92 |
2.57 |
2.25 |
|
7.0 |
5.91 |
5.91 |
5.37 |
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