Regulatory Meeting November 16, 2016
|10:00 A.M. Wednesday, November 16, 2016||Bryan Building, 2nd Floor (Tahoe Room) 901 South Stewart Street Carson City, NV Video-conference: NDEP Las Vegas Office 2030 East Flamingo Road, Suite 230 Las Vegas, NV|
Minutes, Agenda, & Audio
Petitions for Variance
City of North Las Vegas
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.
Clark County School District
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.
Penalty Assessments for Air Quality Violations
B.R. Constructors — NOAV No. 2567
Recommendation: Approve NDEP-recommended penalty amount of $1,400 for NOAV No. 2567.
Alleged failure to apply for and obtain an operating permit.
Jerritt Canyon Gold, LLC — NOAV No. 2568
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 testing.
Hycroft Resources & Development, Inc. — NOAV No. 2585 and NOAV No. 2586
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
Permanent Regulation R101-16 - Bureau of Water Pollution Control
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 regulations.
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.
Supporting PDF Documents
- 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]