Section 445A.Sec. 10 - NEWFor the purposes of sections 3 to 19, inclusive:
1. A tier 1 level of antidegradation protection:(a) Applies when: (1) The baseline water quality or interim baseline value of a surface water or segment thereof on a parameter-by-parameter basis is determined by the Department to not be better than the applicable water quality standard set forth in NAC 445A.11704 to 445A.2234, inclusive, for that surface water or segment thereof; or(2) The surface water or segment thereof is an effluent-dominated water; and(b) Is subject to the provisions of section 11.2. A tier 2 level of antidegradation protection:(a) Applies when: (1) The baseline water quality or interim baseline value of a surface water or segment thereof on a parameter-by-parameter basis is determined by the Department to be better than the applicable water quality standard set forth in NAC 445A.11704 to 445A.2234, inclusive, for that surface water or segment thereof; or(2) A requirement to maintain existing higher water quality has been established by the Commission; and(b) Is subject to the provisions of section 12.3. A tier 2.5 level of antidegradation protection:(a) Applies when the surface water or segment thereof has been designated by the Commission, pursuant to section 2, as having a beneficial use of "extraordinary ecological, aesthetic or recreational value" and as having a tier 2.5 level of antidegradation protection; and(b) Is subject to the provisions of section 13.4. A tier 3 level of antidegradation protection:(a) Applies when the surface water or segment thereof has been designated by the Commission, pursuant to section 2, as having a beneficial use of "extraordinary ecological, aesthetic or recreational value" and as having a tier 3 level of antidegradation protection; and(b) Is subject to the provisions of section 14.Nev. Admin. Code § 445A.Sec. 10
Added to NAC by Environmental Comm'n by R113-22A, eff. 4/19/2024