Nevada Administrative Code
Chapter 445A - Water Controls
MINING FACILITIES
Operation and Design of Facilities
Section 445A.446 - Permanent closure of facility
Current through December 12, 2024
1. The permanent closure of a facility or a source at a facility, as applicable, must be initiated:
2. Permanent closure is complete when the requirements contained in NAC 445A.429, 445A.430 and 445A.431, as applicable, have been achieved and all other sources at the facility have been stabilized, removed or mitigated.
3. The holder of the permit of a facility that has completed all physical closure activities and is undergoing source stabilization must pay an annual fee that is equal to one-half the appropriate renewal fee for that facility established pursuant to section 1. As used in this subsection, "undergoing source stabilization" means the period of time during which the facility is waiting for the groundwater table to stabilize and equilibrate.
4. The time required for post-closure monitoring depends upon the particular site and process characteristics, but, except as otherwise provided in subsection 5, the time required must not exceed 30 years. Except as otherwise provided in this subsection, the holder of the permit of a facility must pay an annual fee for post-closure monitoring that is equal to one-quarter of the appropriate renewal fee for that facility established pursuant to section 1 . If the facility was in post-closure monitoring before December 31, 2025, the holder of the permit must pay an annual review and services fee of $500 and a renewal fee of $250.
5. If the Department determines that chemical stabilization, source removal or mitigation has not been achieved during the post-closure monitoring period, the Department shall require the holder of the permit to take additional actions to achieve the necessary chemical stabilization, source removal or mitigation. After such actions have been taken, the Department shall require an additional period of time for post-closure monitoring. The time required for this additional period of post-closure monitoring must not exceed 30 years.
Added to NAC by Environmental Comm'n, eff. 9-1-89-Substituted in revision for NAC 445.24386; A by R046-18A, eff. 8/21/2018; A by R046-18AP, eff. 8/30/2018; A by R137-24A, eff. 10/23/2024
NRS 445A.425, 445A.430, 445A.465