NAC445A.227. Contamination of soil: Order by Director for corrective action; factors Director may consider in determining whether corrective action is required or may be terminated.

     1. Except as otherwise provided in subsection 2, the Director shall require an owner or operator to take corrective action if the release of a hazardous substance, hazardous waste or a regulated substance contaminates soil and the level of contamination exceeds the action level established for the soil pursuant to NAC 445A.2272.

     2. In determining whether corrective action is required or may be terminated after corrective action has been taken, the Director may consider an evaluation of the conditions at the site which indicate that any contamination remaining at the site does not cause any current or potential threat to human health or the environment. Such an evaluation must use accepted methodologies and calculations which consider, without limitation, the following factors:

     (a) The depth of any groundwater;

     (b) The distance to irrigation wells or wells for drinking water;

     (c) The type of soil that is contaminated;

     (d) The annual precipitation;

     (e) The type of waste or substance that was released;

     (f) The extent of the contamination;

     (g) The present and potential use for the land;

     (h) The preferred routes of migration;

     (i) The location of structures or impediments;

     (j) The potential for a hazard related to fire, vapor or an explosion; and

     (k) Any other information specifically related to the site which the Director determines is appropriate.

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