Nev. Admin. Code § 445A.Sec. 18 - NEW
1. In accordance with section 16, the
Department shall conduct an antidegradation review before issuing a general
permit to evaluate the potential impact of a discharge on the baseline water
quality, interim baseline value or requirement to maintain existing higher
water quality, as applicable, for the parameters of concern in the receiving
water if:
(a) A group of dischargers submit an
application for a general permit pursuant to NAC
445A.268; or
(b) A general permit is issued without
application pursuant to NAC
445A.268.
2. Based on the antidegradation review
conducted pursuant to subsection 1, the Department shall incorporate any
conditions and requirements deemed necessary by the Director to ensure that the
group of dischargers minimizes any degradation of the water quality and
complies with antidegradation requirements.
3. Except as otherwise provided in
subsections 4 and 5, if a discharger submits a notice of intent to engage in an
activity for which a general permit has been issued, the Director shall presume
that the discharger will comply with all the conditions and requirements
imposed pursuant to subsection 2 and that antidegradation requirements will be
met.
4. Upon the renewal of a
general permit, the Director may modify the terms or conditions of the general
permit to minimize the degradation of the water quality of the receiving water
resulting from a group of dischargers.
5. If an application or notice of intent
indicates that a group of dischargers or a specific discharger will be
discharging into a receiving water that has been designated by the Commission
as having a tier
2.5 or tier 3 level of
antidegradation protection, the Director shall require the applicant to
demonstrate that the baseline water quality or any requirement to maintain
existing higher water quality will be maintained and protected and, if
successfully demonstrated, the Director may:
(a) Approve the application or notice of
intent, as applicable;
(b) Issue
the general permit or approve the notice of intent; or
(c) Require the group or specific discharger
to apply for an individual permit pursuant to
NRS
445A.480.
Notes
NRS 445A.425, 445A.465, 445A.475
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