NAC444.7498. Ineffectiveness of selected remedy; impracticability of currently available methods of remediation.

     1. The solid waste management authority may determine, based on information developed after the initiation of a remedy or any other information, that compliance with the requirements of NAC 444.7494 is not being achieved by the remedy selected. If the solid waste management authority makes such a determination, the owner or operator shall carry out any other method or technique which could practicably comply with the requirements, unless the solid waste management authority determines pursuant to subsection 2 that compliance cannot be practicably achieved.

     2. If the solid waste management authority and the Administrator determine that compliance with the requirements of NAC 444.7494 cannot be practically achieved with any currently available methods, the owner or operator shall:

     (a) Obtain certification from a qualified groundwater scientist and the approval of the solid waste management authority and Administrator that compliance with NAC 444.7494 cannot be practically achieved with any currently available methods;

     (b) Carry out alternative measures to control exposure of persons or the environment to residual contamination, as necessary to protect public health and safety and the environment;

     (c) Carry out alternate measures for the control of the sources of contamination, or for the removal or decontamination of equipment, units, devices or structures which are:

          (1) Technically practicable; and

          (2) Consistent with the overall objective of the remedy; and

     (d) Obtain the approval of the solid waste management authority and the Administrator for the alternative measures before carrying out those measures.

     3. All solid wastes managed pursuant to a remedy required by NAC 444.7494, 444.7495 and 444.7496 or an interim measure required by NAC 444.7497 must be managed in a manner which:

     (a) Is protective of public health and safety and the environment; and

     (b) Complies with all applicable requirements set forth in the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq., as that act existed on November 8, 1993.

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