NAC444.7496. Exemptions from requirement of remediation.

     1. The solid waste management authority and the Administrator may jointly determine that remediation of a release of a constituent listed in Appendix II from a municipal solid waste landfill unit is not necessary if the owner or operator demonstrates to the solid waste management authority and the Administrator that:

     (a) The groundwater is additionally contaminated by substances that have originated from a source other than a municipal solid waste landfill unit and those substances are present in such concentrations that the clean up of the release from the municipal solid waste landfill unit would provide no significant reduction in risk to persons or environmental conditions that are or may be affected by the release;

     (b) The constituents are present in groundwater which:

          (1) Is not currently or reasonably expected to be a source of drinking water; and

          (2) Is not hydraulically connected with waters to which the constituents are migrating or are likely to migrate in concentrations which would exceed the standards for the protection of groundwater established pursuant to NAC 444.7492;

     (c) Remediation of the releases is technically impracticable; or

     (d) Remediation would result in unacceptable cross-media impacts.

     2. The provisions of subsection 1 do not affect the authority of the Administrator or solid waste management authority to require the owner or operator to undertake measures to control the source of the constituent or any other measures which may be necessary to:

     (a) Eliminate or minimize further releases to the groundwater;

     (b) Prevent exposure of the groundwater to constituents; or

     (c) Remediate the groundwater to concentrations which are technically practicable and significantly reduce threats to public health and safety and the environment.

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