Current through September 16, 2024
1. The
Division shall determine whether an action is eligible for exclusion from
review pursuant to the National Environmental Policy Act of 1969,
42 U.S.C. §§
4321 et seq.
2. The Division may grant a categorical
exclusion to:
(a) Any action for which the
facility plan is directed to the rehabilitation of existing facilities,
replacement of equipment or the construction of a new ancillary facility
adjacent or appurtenant to an existing facility and not affecting the degree of
treatment or capacity of that facility. These actions include, without
limitation:
(1) Infiltration and inflow
corrections;
(2) Replacement of
existing mechanical equipment or structures; and
(3) Construction of small structures on
existing sites.
(b) Any
action in a sewered community which is for minor upgrading or minor expansion
of existing treatment works.
(c)
Any action in an unsewered community where on-site technologies are
proposed.
3. The
Division shall refuse a categorical exclusion if:
(a) The facilities to be provided create a
new discharge or relocate an existing discharge to surface or
groundwaters.
(b) The facilities
result in substantial increases in the volume of discharge or the loading of
pollutants from an existing source or from new facilities to receiving
waters.
(c) The action is known or
expected to have a significant effect on the quality of the human environment,
whether individually, cumulatively over time or in conjunction with other
federal, state, local or private actions.
(d) The action is known or expected to affect
directly or indirectly cultural resources, habitats of endangered or threatened
species, environmentally important natural resource areas such as floodplains,
wetlands, important farmlands, aquifer recharge zones or other resource
areas.
(e) The action is known or
expected not to be cost-effective or to cause significant public
controversy.
4. The
Division may request the Commission to exclude, by amendment to this section,
any other category of projects for which there is sufficient evidence that a
significant effect on the quality of the environment is unlikely.
Added to NAC by
Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC
445.42112
NRS
445A.135,
445A.160
