NAC444.8321. Nitrogen removal wastewater treatment unit: Maintenance; repair or replacement; required use; regulatory oversight program.

     1. A nitrogen removal wastewater treatment unit requires routine maintenance. The owner of an individual sewage disposal system that will include a nitrogen removal wastewater treatment unit shall include in the design plans submitted to the administrative authority a maintenance agreement with an approved service provider that covers the anticipated life span of the individual sewage disposal system.

     2. The maintenance agreement for the individual sewage disposal system must include, without limitation, a yearly inspection of the system, and the components thereof, which verifies that the system is:

     (a) Functioning correctly; and

     (b) Producing effluent with nitrogen level reductions that are consistent with the performance specifications provided by the manufacturer.

     3. The owner of an individual sewage disposal system that includes a nitrogen removal wastewater treatment unit shall maintain, for the life of the system, written documentation demonstrating that the maintenance required by subsection 2 has been performed at intervals not to exceed 12 months. At the request of the administrative authority, the owner shall provide the documentation for review.

     4. A nitrogen removal wastewater treatment unit that produces effluent with nitrogen level reductions that are not consistent with the performance specifications provided by the manufacturer must be repaired or replaced in accordance with this section and NAC 444.8322 and 444.8324.

     5. If the administrative authority determines that the degradation of groundwater or the constraints of the site warrant the need for an effluent which is of higher quality than that which would be provided by a septic tank, the administrative authority may require that the individual sewage disposal system include a nitrogen removal wastewater treatment unit. If the administrative authority requires the use of a nitrogen removal wastewater treatment unit pursuant to this subsection, the owner shall not construct or install on that site an individual sewage disposal system that does not include a nitrogen removal wastewater treatment unit.

     6. The approved service provider shall develop and submit to the health and administrative authorities a regulatory oversight program for the use of nitrogen removal wastewater treatment units. The regulatory oversight program must include, without limitation, the legal description of each lot to be included in the program, the type and frequency of maintenance to be conducted, requirements for reporting maintenance that is conducted and provisions for addressing noncompliance with the provisions of this chapter by occupants of a building served by a nitrogen removal wastewater treatment unit. Until both the health and administrative authorities approve the regulatory oversight program in writing, the administrative authority shall not approve nitrogen removal wastewater treatment units for use.

     (Added to NAC by Bd. of Health by R129-98, eff. 3-25-99; A by R100-07, 10-31-2007)