[Rev. 2/15/2010 10:44:07 AM]

This chapter of NAC has changes which have been adopted but have not been codified; you can see those changes by viewing the following regulation(s) on the Nevada Register of Administrative Regulations: R160-06, R194-07, R083-08, R186-08, R189-08, R194-08

CHAPTER 445A - WATER CONTROLS

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