Petition No. P2008-01

LCB File No. R194-07

Nevada Administrative Code: NAC 211.550

Description of Petition: The Nevada Division of Environmental Protection (NDEP) is proposing to establish an on-site sewage disposal system regulation. This new regulation would amend NAC 445A.8335 through NAC 445A.849. In the past NDEP utilized the Nevada Division of Health's Individual Sewage Disposal Systems regulations to regulate septic applications. When the Nevada Legislature transferred the Safe Drinking Water Program from the Division of Health to NDEP in 2005 (See SB 395), the authority to regulate commercial (non-residential) septic tanks and leach fields was also transferred. This action created a need for regulatory authority by NDEP of commercial septic systems:

It's worth noting that after industrial waste, septic tanks and leach field applications are the second leading cause of groundwater pollution in America. NDEP has recognized this threat and has taken a proactive approach, which, in part includes promulgation of these regulations. This threat to groundwater has also prompted the U.S. Environmental Protection Agency (USEPA) to regulate On-site Sewage Disposal Systems under the Class V well section, in the Underground Injection Control Program (UIC) (40 CFR 144.81). Currently, this is limited to systems that receive industrial waste or serve 20 or more people per day.

NDEP is the delegated agency for the UIC program in Nevada. USEPA currently allows states to determine septic flow estimates from 20 people. Accordingly, NDEP has set that flow at 3,000 gallons per day for the purposes of this regulation. By taking this action, On-site Sewage Disposal Systems of 3,000 gallons per day or less will be exempted from general USEPA oversight. This protects the majority of small businesses from potential regulatory burdens.

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