Nev. Admin. Code § 445A.Sec. 14 - NEW
If a surface water or segment thereof is designated by the Commission, pursuant to section 2, as having a tier 3 level of antidegradation protection, the Department:
1. Shall:
(a) Maintain and protect the baseline water
quality or any requirement to maintain existing higher water quality;
(b) Except as otherwise provided in
subsection 5 of section 18, prohibit:
(1) Any
new or expanded point source discharge into the designated water;
(2) Any new or expanded point source
discharge that occurs upstream of the designated water if the Department
determines that the discharge will degrade the baseline water quality or any
requirement to maintain existing higher water quality or have a detrimental
impact on the designated water; and
(3) Any new or expanded zone of mixing within
the designated water; and
2. Shall not:
(a) Prohibit a point source discharge that
was authorized by the Department before the surface water or segment thereof
was designated as having a tier 3 level of antidegradation protection if the
request to renew or modify the permit to discharge will not result in an
expanded point source discharge or alter a zone of mixing associated with the
point source discharge;
(b) Deny an
application for a storm water runoff permit or an application to modify or
renew an existing storm water runoff permit if the Department determines that
the applicant has demonstrated that the baseline water quality or any
requirement to maintain the existing higher water quality will be maintained
and protected; or
(c) Prohibit an
activity authorized by the Department to restore, maintain or improve the water
quality of the designated water.
Notes
NRS 445A.425, 445A.465
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