NAC444.8456. Stationary new or expanding facility for management of hazardous waste: Restrictions on location; exempt facilities.

     1. A stationary new or expanding facility for the management of hazardous waste must not be constructed within:

     (a) One mile of:

          (1) A dwelling, school, church or community center;

          (2) An area zoned solely for residential use;

          (3) A public park;

          (4) A wildlife management area;

          (5) An area identified by the Department of Wildlife as a key habitat for wildlife or as a habitat for an endangered or threatened species;

          (6) An area where surface water or wetlands occur;

          (7) A natural or artificially created geologic hazard which provides a potential for the conveyance of hazardous constituents, as that term is defined in Appendix VIII of 40 C.F.R. Part 261, to surface or groundwaters; or

          (8) An existing well which supplies public drinking water;

     (b) An area identified by the Office of Historic Preservation of the State Department of Conservation and Natural Resources as an historical or archeological site that is eligible for listing in the State Register of Historic Places or the National Register of Historic Places, unless an approved mitigation activity has been completed on the site;

     (c) A 100-year floodplain; or

     (d) An area where the water table seasonally rises to within 150 feet of the surface of the ground.

     2. The provisions of this section do not apply to a facility:

     (a) For community recycling;

     (b) For community storage;

     (c) For the storage of hazardous waste which is generated on the site of the facility; or

     (d) Which qualifies for interim status pursuant to 40 C.F.R. Part 270, Subpart G.

     (Added to NAC by Environmental Comm’n, eff. 7-22-87; A 4-18-90; 3-1-94; R104-02, 10-18-2002)