NAC444.7489. Procedures upon determination of statistically significant increase of Appendix I constituents or alternative parameters.

     1. If an owner or operator determines, pursuant to NAC 444.7485, that there is a statistically significant increase over background for one or more of the constituents listed in Appendix I or the list of alternative parameters established pursuant to NAC 444.7487, at any monitoring well at the boundary specified by NAC 444.7483, the owner or operator shall:

     (a) Within 14 days after making this determination, place a notice in the records of the disposal site indicating which constituents have shown statistically significant increases and notify the solid waste management authority that this notice was placed in the operating records; and

     (b) Except as otherwise provided in subsection 2, establish a program for assessment monitoring pursuant to NAC 444.749 and 444.7491 within 90 days after making the determination.

     2. The owner or operator may demonstrate that a source other than a municipal solid waste landfill unit caused the contamination or that the statistically significant increase resulted from an error in sampling, analysis or statistical evaluation or from a natural variation in the quality of groundwater. A report documenting this demonstration must be certified by a qualified groundwater scientist, approved by the solid waste management authority and placed in the operating records of the disposal site. If a successful demonstration is made and approved, the owner or operator may continue monitoring constituents as specified in this section and NAC 444.7487 and 444.7488. If, after 90 days, a successful demonstration is not made, the owner or operator shall initiate a program for assessment monitoring pursuant to NAC 444.749 and 444.7491.

     (Added to NAC by Environmental Comm’n, eff. 11-8-93)