NAC445A.2269. Assessment of conditions at site of facility after notification of release of certain substances; exception.

     1. Except as otherwise provided in this section, if the owner or operator of a facility, or his or her designated agent, is required to give notice of a release pursuant to NAC 445A.345 to 445A.348, inclusive, the Division shall require the owner or operator to conduct an assessment of the conditions at the site of the facility, including an assessment of the condition of the soil or water, or both, to determine the extent and magnitude of the contamination.

     2. An assessment conducted pursuant to subsection 1 must:

     (a) Characterize the relevant pathways specifically related to the site that affect public health and the environment, including, without limitation, any information concerning sources of release, pathways and rates of migration of any released substances and any possible receptors of those substances;

     (b) Rely upon methods of field sampling and analytical methods used in laboratories, if any, that are acceptable to the Division; and

     (c) Be approved by the Division.

     3. The Division shall not require an owner or operator to conduct an assessment pursuant to subsection 1 if documentation is submitted to and approved by the Division or if any follow-up reporting is sufficient to demonstrate one or more of the following:

     (a) The level of contamination of the soil no longer exceeds the action level established for that soil pursuant to NAC 445A.2272 because of any actions taken by the owner or operator of the facility pursuant to NAC 445A.22695;

     (b) The release does not meet the reportable quantities set forth in NAC 445A.345 to 445A.348, inclusive, as originally reported;

     (c) The release:

          (1) Has not affected any environmental media that are subject to any corrective action pursuant to NAC 445A.226 to 445A.22755, inclusive; and

          (2) Has been sufficiently controlled to prevent any future migration to the environmental media; or

     (d) The notification was required because of a confirmed release from an underground storage tank and the conditions indicating a confirmed release have not resulted in any contamination of the soil in excess of 3 cubic yards by a regulated substance and that all appropriate actions have been taken to prevent any continued release.

     4. The Division may, at any time that is reasonably required to determine if an assessment is required pursuant to subsection 1:

     (a) Question the owner or operator concerning any matter relating to the release; or

     (b) Require the owner or operator to provide, in writing, any records or other information relating to the release or any damage caused by the release.

     (Added to NAC by Environmental Comm’n, eff. 10-3-96; A by R125-07, 1-30-2008; R189-08, 8-25-2009)