Nevada Administrative Code
Chapter 445A - Water Controls
WATER POLLUTION CONTROL
Discharge Permits
Section 445A.228 - Requirement; exemptions
Universal Citation: NV Admin Code 445A.228
Current through September 16, 2024
1. Except as otherwise provided in subsection 2, a person shall not discharge a pollutant from a point source into any waters of the State without obtaining a permit from the Department.
2. Although not exempted from complying with all other applicable laws, rules and regulations regarding pollution, the following are specifically exempted from the requirements to obtain a permit:
(a)
Persons utilizing an individual sewage disposal system or other sewage disposal
system that uses a soil absorption system for the treatment and disposal of
domestic wastes, if the system is approved and is installed, operated and
maintained in accordance with the rules and regulations and other requirements
of the district health departments, the State Board of Health or the Division
or other administrative authority, as authorized by NAC 445A.950 to 445A.9706,
inclusive, as applicable. This exemption does not preclude the possibility that
health authorities, the Division or other administrative authority will require
permits.
(b) Except as otherwise
provided in this paragraph, persons discharging pollutants into a publicly
owned or privately owned sewerage system, if the owner of such sewerage system
has a valid permit from the Department. In such cases, the owner of the
sewerage system assumes ultimate responsibility for controlling and treating
the pollutants which he or she allows to be discharged into the system. The
Department may require an industrial user who discharges pollutants into a
publicly owned treatment works which does not have an approved pretreatment
program to obtain a permit pursuant to NAC 445A.257.
(c) Discharges of pollutants from
agricultural and silvicultural activities, including, without limitation,
irrigation return flow and runoff from orchards, cultivated crops, pastures,
rangelands and forest lands, except that this exemption does not apply to the
following:
(1) Discharges from facilities in
which crops, vegetation, forage growth or postharvest residues are not
sustained in the normal growing season and that confine animals if the
facilities contain, or at any time during the previous 12 months contained, for
a total of 30 days or more, any of the following types of animals at or in
excess of the number listed for each type of animal:
(I) Cattle, veal calves or a pair consisting
of a cow and a calf, 1,000;
(II)
Mature dairy cattle (whether milkers or dry cows), 700;
(III) Swine weighing over 55 pounds,
2,500;
(IV) Swine weighing 55
pounds or less, 10,000;
(V) Horses,
500;
(VI) Sheep or lambs,
10,000;
(VII) Turkeys,
55,000;
(VIII) Chickens, if the
animal confinement facility has a liquid manure handling system,
30,000;
(IX) Chickens, other than
laying hens, if the animal confinement facility does not have a liquid manure
handling system, 125,000;
(X)
Laying hens, if the animal confinement facility does not have a liquid manure
handling system, 82,000;
(XI)
Ducks, if the animal confinement facility has a liquid manure handling system,
5,000; or
(XII) Ducks, if the
animal confinement facility does not have a liquid manure handling system,
30,000.
(2) Discharges
from production facilities for aquatic animals.
(3) Discharges of irrigation return flow,
such as tailwater, tile drainage, surfaced groundwater flow or bypass water,
operated by public or private organizations or natural persons if the source of
water is effluent from a treatment works.
(4) Discharges from any agricultural or
silvicultural activity which have been identified by the Administrator or the
Director as a significant contributor of pollution.
Environmental Comm'n, Water Pollution Control Reg. §§ 2.2.1.1-2.2.1.1.3.5, eff. 5-2-78-NAC A 12-3-84; R020-99, 9-27-99; R079-04, 10-13-2004; R194-07, 8-26-2008
NRS 445A.425, 445A.465
Disclaimer: These regulations may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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