Nev. Admin. Code § 445A.Sec. 18

Current through November 8, 2024

Section 445A.Sec. 18 - NEW

1. In accordance with section 16, the Department shall conduct an antidegradation review before issuing a general permit to evaluate the potential impact of a discharge on the baseline water quality, interim baseline value or requirement to maintain existing higher water quality, as applicable, for the parameters of concern in the receiving water if:

(a) A group of dischargers submit an application for a general permit pursuant to NAC 445A.268; or

(b) A general permit is issued without application pursuant to NAC 445A.268.

2. Based on the antidegradation review conducted pursuant to subsection 1, the Department shall incorporate any conditions and requirements deemed necessary by the Director to ensure that the group of dischargers minimizes any degradation of the water quality and complies with antidegradation requirements.

3. Except as otherwise provided in subsections 4 and 5, if a discharger submits a notice of intent to engage in an activity for which a general permit has been issued, the Director shall presume that the discharger will comply with all the conditions and requirements imposed pursuant to subsection 2 and that antidegradation requirements will be met.

4. Upon the renewal of a general permit, the Director may modify the terms or conditions of the general permit to minimize the degradation of the water quality of the receiving water resulting from a group of dischargers.

5. If an application or notice of intent indicates that a group of dischargers or a specific discharger will be discharging into a receiving water that has been designated by the Commission as having a tier 2.5 or tier 3 level of antidegradation protection, the Director shall require the applicant to demonstrate that the baseline water quality or any requirement to maintain existing higher water quality will be maintained and protected and, if successfully demonstrated, the Director may:

(a) Approve the application or notice of intent, as applicable;

(b) Issue the general permit or approve the notice of intent; or

(c) Require the group or specific discharger to apply for an individual permit pursuant to NRS 445A.480.

Nev. Admin. Code § 445A.Sec. 18

Added to NAC by Environmental Comm'n by R113-22A, eff. 4/19/2024

NRS 445A.425, 445A.465, 445A.475