Current through December 12, 2024
1. Except as
otherwise provided in this section, if the owner or operator of a facility, or
his or her designated agent, is required to give notice of a release pursuant
to NAC 445A.345 to
445A.348, inclusive, the
Division shall require the owner or operator to conduct an assessment of the
conditions at the site of the facility, including an assessment of the
condition of the soil or water, or both, to determine the extent and magnitude
of the contamination.
2. An
assessment conducted pursuant to subsection 1 must:
(a) Characterize the relevant pathways
specifically related to the site that affect public health and the environment,
including, without limitation, any information concerning sources of release,
pathways and rates of migration of any released substances and any possible
receptors of those substances;
(b)
Rely upon methods of field sampling and analytical methods used in
laboratories, if any, that are acceptable to the Division; and
(c) Be approved by the Division.
3. The Division shall not require
an owner or operator to conduct an assessment pursuant to subsection 1 if
documentation is submitted to and approved by the Division or if any follow-up
reporting is sufficient to demonstrate one or more of the following:
(a) The level of contamination of the soil no
longer exceeds the action level established for that soil pursuant to NAC
445A.2272 because of any actions
taken by the owner or operator of the facility pursuant to NAC
445A.22695;
(b) The release does not meet the reportable
quantities set forth in NAC
445A.345 to
445A.348, inclusive, as
originally reported;
(c) The
release:
(1) Has not affected any
environmental media that are subject to any corrective action pursuant to NAC
445A.226 to
445A.22755, inclusive;
and
(2) Has been sufficiently
controlled to prevent any future migration to the environmental media;
or
(d) The notification
was required because of a confirmed release from an underground storage tank
and the conditions indicating a confirmed release have not resulted in any
contamination of the soil in excess of 3 cubic yards by a regulated substance
and that all appropriate actions have been taken to prevent any continued
release.
4. The Division
may, at any time that is reasonably required to determine if an assessment is
required pursuant to subsection 1:
(a)
Question the owner or operator concerning any matter relating to the release;
or
(b) Require the owner or
operator to provide, in writing, any records or other information relating to
the release or any damage caused by the release.
Added to NAC by
Environmental Comm'n, eff. 10-3-96; A by R125-07, 1-30-2008; R189-08,
8-25-2009
NRS 445A.425
