Current through September 16, 2024
1. The following
minimum design requirements apply to all process components:
(a) In areas where annual evaporation exceeds
annual precipitation, a process component must achieve zero
discharge.
(b) All sources must be
designed to minimize releases of contaminants into groundwaters or subsurface
migration pathways so that any release from the facility will not degrade
waters of the State.
(c) All
process components must be designed to withstand the runoff from a 24-hour
storm event with a 100-year recurrence interval for the operating life of the
components.
(d) The primary fluid
management system must be designed to be able to remain fully functional and
fully contain all process fluids including all accumulations resulting from a
24hour storm event with a 25-year recurrence interval for the operating life of
the system. The Department may require additional containment based on the
following factors:
(1) Proximity to surface
water bodies;
(2) Depth to
groundwater; and
(3) Proximity to
population.
Contingency plans for managing process contaminated flows in
excess of the design quantity must be described in the appropriate operating
plans.
(e) The
fluid management system must be designed for the operating life of the system
to be functional for 5 years after the projected operating life of the process
component and permanent closure period.
(f) The design of the process components must
take into consideration the proposed range of operating conditions for each
component and the history of seismic events at the site in order to preclude
any differential movement or shifting of the subbase, liner or contained
material which endangers primary or secondary containment integrity.
2. If the final plan for permanent
closure of a facility that is required pursuant to NAC
445A.447 has not been approved
by the Department before September 1, 2018, the following minimum criteria
apply for the permanent closure period:
(a)
All process components must be designed or modified to withstand the runoff
from a 24-hour storm event with a 500-year recurrence interval
(b) The primary fluid management system must
be designed or modified to be able to remain fully functional and fully contain
all fluids, including all accumulations resulting from a 24-hour storm event
with a 500-year recurrence interval The Department may require additional
containment based on the following factors:
(1) Proximity to surface water
bodies;
(2) Depth to groundwater;
and
(3) Proximity to
population.
(c) The
fluid management system must be designed or modified to be functional for 5
years after the time required for post-closure monitoring pursuant to NAC
445A.446.
3. Additional containment of process fluids
may be required in areas where groundwater is considered to be near the
surface. Groundwater is considered to be near the surface if:
(a) The depth from the surface to groundwater
is less than 100 feet and the top 100 feet of the existing formation has a
coefficient of permeability greater than that exhibited by 100 feet of 1x10-5
cm/sec material;
(b) Open fractured
or faulted geologic conditions exist in the bedrock from the surface to the
groundwater; or
(c) There is an
inability to document that all exploratory and condemnation borings beneath the
site have been adequately sealed.
4. No new process component containing
process fluids may be located within 1,000 feet of any dwelling which is
occupied at least part of the year and which is not a part of the facility.
This restriction does not apply to modifications at a facility which predate
such a dwelling.
5. The application
of minimum design criteria does not release the holder of a permit from
liability for degradation to waters of the State caused by the
facility.
Added to NAC by
Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC 445.2436; A
by
R046-18A,
eff. 8/21/2018; A by
R046-18AP,
eff. 8/30/2018
NRS
445A.425,
445A.465
