NAC444.7494. Selection and approval of remedy by solid waste management authority.

     1. Based on the results of the assessment of corrective measures conducted pursuant to NAC 444.7493 and the public comments received, if any, the solid waste management authority may approve a remedy which:

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

     (b) Complies with the standard for the protection of groundwater established pursuant to NAC 444.7492;

     (c) Controls the sources of releases so as to reduce or eliminate, to the maximum extent practicable, further releases of constituents listed in Appendix II which may pose a threat to the public health and safety or the environment; and

     (d) Complies with standards for the management of wastes as specified in subsection 3 of NAC 444.7498.

     2. In selecting a remedy, the solid waste management authority shall consider:

     (a) The long-term and short-term effectiveness and protectiveness of a potential remedy, and the degree of certainty that the remedy will prove successful, based on the:

          (1) Magnitude of reducing existing risks;

          (2) Magnitude of residual risks and the likelihood of further releases caused by waste remaining after the implementation of a potential remedy;

          (3) Type and degree of long-term management required, including monitoring, operation and maintenance;

          (4) Short-term risks which might be posed to the community, workers or the environment during implementation of a potential remedy, including potential threats to public health and safety and the environment associated with the excavation, transportation, and redisposal or containment of the constituent;

          (5) Time until full protection is achieved;

          (6) Potential for exposure of persons and environmental conditions to remaining wastes, considering the potential threat to public health and safety and the environment associated with the excavation, transportation, redisposal or containment;

          (7) Long-term reliability of the engineering and institutional controls; and

          (8) Potential need for the replacement of the remedy.

     (b) The effectiveness of the remedy in controlling the source to reduce further releases based on the extent to which:

          (1) Practices for containment will reduce further releases; and

          (2) Technologies for treatment may be used.

     (c) The ease or difficulty of carrying out a potential remedy based on the consideration of the following factors:

          (1) The degree of difficulty associated with constructing the technology;

          (2) The expected operational reliability of the technologies;

          (3) The need to coordinate with and obtain necessary approvals and permits from other agencies;

          (4) The availability of necessary equipment and specialists; and

          (5) The available capacity and location of needed treatment, storage and disposal services.

     (d) The practicable capability of the owner or operator to carry out the remedy, including a consideration of his or her technical and economic capability.

     (e) The degree to which concerns of the community are addressed by the potential remedy.

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