Nev. Admin. Code § 445A.Sec. 17 - NEW
1. If the antidegradation review conducted by
the Department pursuant to sections 15 and 16 determines that the discharge for
which an application is submitted will degrade the baseline water quality,
interim baseline value or requirement to maintain existing higher water
quality, as applicable, for a parameter of concern in the receiving water that
has been designated as having a tier 2 level of antidegradation protection, the
Department shall, for the purposes of
NRS
445A.565, require the applicant to submit to
the Department for review by the Commission an analysis of alternatives which
must include, without limitation:
(a) The
information required in subsection 2 of
NRS
445A.565;
(b) Alternative treatment
technologies;
(c) Alternative
discharge locations;
(d)
Alternative processes that would improve discharge quality;
(e) Seasonal or controlled discharge;
and
(f) An alternative that does
not result in the discharge.
2. If an applicant is required to conduct an
analysis of alternatives as a requirement of other permitting activities or
environmental reviews and the analysis of alternatives meets the requirements
of subsection 1, the same analysis of alternatives may be submitted for the
purposes of subsection 1.
3. If the
analysis of alternatives does not identify a technologically feasible and
economically achievable alternative that would not result in the degradation of
the baseline water quality, interim baseline value or requirement to maintain
existing higher water quality, as applicable, for a parameter of concern in the
receiving water:
(a) The applicant must submit
to the Department, for approval by the Commission, a justification based on the
economic or social importance of the proposed discharge that demonstrates why
the degradation of the water quality for the parameter of concern is necessary;
and
(b) For the purposes of
NRS
445A.565, the Commission will hold a public
hearing on an application subject to the provisions of this
section.
4. Following a
hearing held pursuant to subsection 3, the Commission may approve the issuance
of a permit by the Department that will result in the degradation of the
baseline water quality, interim baseline value or requirement to maintain
existing higher water quality, as applicable, for a parameter of concern in the
receiving water that has been designated as having a tier 2 level of
antidegradation protection if the Commission determines that:
(a) The degraded water quality for the
parameter of concern is justifiable because of economic or social
considerations;
(b) The discharge
will not result in the parameter of concern in the receiving water failing to
meet the applicable water quality standards set forth in NAC
445A.11704 to
445A.2234, inclusive;
and
(c) The discharge is consistent
with the requirements set forth in this chapter and chapter 445A of NRS,
including, without limitation, that:
(1) The
highest and best degree of waste treatment available under existing technology
that is reasonably consistent with the economic capability of the project or
development is used to prevent or reduce the degradation of the water quality
of the receiving water; and
(2) All
cost-effective and reasonable best management practices for diffuse source
pollution control required by this chapter and chapter 445A of NRS are achieved
to prevent or reduce the degradation of the water quality of the receiving
water.
5. If
the Commission approves the issuance of a permit that will result in the
degradation of the baseline water quality, interim baseline value or
requirement to maintain existing higher water quality, as applicable, for a
parameter of concern pursuant to this section, the Department shall ensure that
the effluent limitation established in the discharge permit for the parameter
of concern pursuant to NAC
445A.243 is not less protective
than the applicable water quality standards for the receiving water.
Notes
NRS 445A.425, 445A.465, 445A.565
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