Division of Minerals
Commission on Mineral Resources
Division of Forestry
State Health Board
Division of Water Resources
Tony Wasley, Director
Dept. of Wildlife
Deputy Attorney General
Meeting November 16, 2016
The State Environmental Commission (SEC) will hold a meeting on Wednesday November 16, 2016 at 10:00 am in Carson City.
The meeting location is in Carson City at the
located at 901 South Stewart Street (2nd floor, Tahoe Room). The meeting will also be video-conferenced in Las Vegas at the Nevada Division of Environmental Protection office located at 2030 E. Flamingo Rd., Suite 230.
Click here to view Agenda
1) Call to Order, Roll Call, Establish Quorum: (Discussion)
2) Public Comments: Members
of the public are invited to speak before the SEC; however, no action may be
taken on a matter during public comment until the matter itself had been included
on an agenda as an item for possible action. Public comment will be limited to
ten minutes per person at the discretion of the chairperson. (Discussion)
4) Petition for Variance: City of North Las
Pursuant to NAC 486A.200, the City of North Las Vegas is requesting a
36 month variance from NAC 486A.180 and NAC 486A.160, the requirement to
use alternative fuel and purchase alternative fuel vehicles.
In making application to the SEC for a variance, the City of North Las
Vegas has addressed items on SEC Form #6 (Variance for Alternative Fueled
Vehicles). The principle reasons specified for the requested variance are
financial hardship and the fact that alternative fuel is not readily available
in Southern Nevada.
5) Petition for Variance: Clark County School District (For
Pursuant to NAC 486A.200, Clark County School District is requesting a 24
month variance from NAC 486A.180 and NAC 486A.160, the requirement to purchase
alternative fuel and alternative fuel vehicles for its support fleet.
In making application to the SEC for a variance, Clark County School District
has submitted SEC Form #6 (Variance for Alternative Fueled Vehicles). The principle
reasons specified for the requested variance are financial hardship and the
fact that alternative fuel is not readily available in Southern Nevada.
Air Quality Penalty Assessments
6) B.R. Constructors — NOAV No. 2567 (For Possible Action)
Recommendation: Approve NDEP-recommended penalty amount of $1,400 for NOAV No. 2567.
Alleged failure to apply for and obtain an operating permit.
7) Jerritt Canyon Gold, LLC — NOAV No. 2568 (For
Recommendation: Approve NDEP-recommended penalty amount of $12,885.00 for
NOAV No. 2568
Alleged failure to meet permit limits for emissions during compliance source
8) Hycroft Resources & Development, Inc. — NOAV
No. 2585 and NOAV No. 2586 (For
Recommendation: Approve NDEP-recommended penalty amount of $3,600.00 for NOAV
No. 2585 and $43,920.00 for NOAV No. 2586, for a total penalty amount of $47,520.00.
Alleged failure to conduct required source testing and failure to meet permit
limits for emissions during compliance source testing.
NDEP Regulatory Petitions
9) Permanent Regulation R101-16 - Bureau of Water
Approve and adopt permanent regulatory petition R101-16, as proposed, or
take other action as appropriate. (For Possible Action)
The proposed amendments pertain to NAC Chapter 445A and modify the regulations
associated with the reuse of reclaimed water, the administrative continuance
of Underground Injection Control permits and the definition of the size of
onsite sewage disposal systems (NAC 445A.232, NAC 445A.274 - NAC 445A.277,
NAC 445A.819, NAC 445A.849, NAC 445A.867 and NAC 445A.872).
The NDEP proposes to add a new category of reclaimed water that will require higher standards
of treatment and that may be used for activities not currently allowed, specifically, indirect
potable reuse. The proposed amendments will clarify the existing reclaimed water categories by
including additional definitions and permitted uses for reclaimed water. Also proposed are new
fee categories for aquifer recharge with indirect potable reuse.
The NDEP also proposes to add new fee categories to the Underground Injection Control fee schedule,
to allow for the administrative continuance of Underground Injection Control permits and to redefine the
size of onsite sewage disposal systems regulated by the NDEP to ensure consistency with other State
The proposed regulations do not mandate actions or costs on the regulated community. The amendments
allow for additional uses of reclaimed water and include an additional category of reclaimed water. If a
regulated entity chooses to engage in activities allowed by the amendments, that entity will then be
responsible for the associated costs. The proposed amendments are not expected to have an economic
impact on the public and costs incurred by the NDEP for the enforcement of the proposed amendments will
be paid with the proposed permit fees. The proposed regulations do not overlap nor duplicate any
regulations of other State or governmental agencies nor are they more stringent than what is established
by federal law.
There are new permit fees associated with the proposed regulations. The new fees are for permit
applications and for annual services, major modifications, or renewals of permits for the discharge
of reclaimed water to spreading basins for indirect potable reuse and for the injection of reclaimed
water to groundwater through injection wells for indirect potable reuse, neither of which are currently
regulated. Of the four new fee schedules for each discharge type, the highest requires a permit
application fee of $10,000 and an annual review and services fee of $40,000. The NDEP will use the fees
to compensate for the time and resources required to enforce the regulations.
Documents in Adobe PDF File Format
- June 20, 2016 — NDEP
Draft Regulation [16 pages]
- August 24, 2016 — SEC
Form 1 (Revised) [2 pages]
- June 20, 2016 — SEC
Form 4, SBIS [3 pages]
- August 9, 2016 — LCB Regulation Transmittal Letter
- August 9, 2016 — LCB Regulation [47 pages]
- August 31, 2016 — LCB
Revised Regulation Transmittal Letter
- August 31, 2016 — LCB
Revised Regulation [47 pages]
- September 1, 2016 — Workshop Notice & Agenda
- September 15, 2016 — FAQs – Reclaimed Water Regulations
- October 5, 2016 — NDEP Revised LCB Regulation [47 pages]
- October 6, 2016 — Public
Notice [3 pages]
- October 27, 2016 — Workshop Minutes [7 pages]
10) Administrator's Briefing to the Commission: (Discussion) NDEP
Deputy Administrator, Jennifer Carr, will brief the Commission on management
11) Public Comment (Discussion) Members
of the public will be invited to speak before the SEC; however, no action may
be taken on a matter during public comment until the matter itself has been
included on an agenda as an item for possible action. Public comment may be
limited to ten minutes per person at the discretion of the chairperson. (See
Nevada Open Meeting Law Manual - Page 58 and 81)
Send Email to receive SEC Public Notice updates
Persons wishing to comment on the proposed actions of the State Environmental Commission (SEC) may appear at the scheduled public hearing or may address their comments, data, views, or arguments in written form to: State Environmental Commission, 901 South Stewart Street, Suite 4001, Carson City, Nevada 89701-5249. The SEC must receive written submissions at least five days before the scheduled public hearing.
If no person who is directly affected by the proposed action appears to request time to make an oral presentation, the SEC may proceed immediately to act upon any written submissions.
Members of the public can inspect copies of the regulations to be adopted at the State Library and Archives in Carson City (100 Stewart Street), and at the offices of the Division of Environmental Protection in Carson City and Las Vegas. The Carson City office is located at 901 South Stewart Street, Suite 4001 and the Las Vegas office is located at 2030 E. Flamingo Rd. Suite 230.
As required by the provisions of chapters 233B and 241 of Nevada Revised Statutes, the public notice for this hearing was posted at the following locations: the Bryan Building (901 South Stewart Street, Carson City, Nevada); the offices of the Division of Environmental Protection in Las Vegas (2030 E. Flamingo Rd. Suite 230), the Nevada Division of Minerals, 400 W. King Street, Carson City, NV and at the Nevada Department of Wildlife (1100 Valley Road, Reno, Nevada).
In addition, copies of this notice have been deposited electronically at major library branches in each county in Nevada. This notice and the text of the proposed regulations are also available on the State Environmental Commission's website at: SEC.NV.GOV. All of the proposed regulations denoted in this notice, including previous drafts, are or will be posted on the Legislative Counsel Bureau's website
Members of the public who are disabled and require special accommodations or
assistance at the meeting are requested to notify, in writing, the Nevada State
Environmental Commission, in care of Valerie King, Executive Secretary, 901 South
Stewart Street, Suite 4001, Carson City, Nevada 89701-5249, facsimile (775) 687-5856,
or by calling (775) 687-9374, no later than 5:00 p.m. on November 7th,