NAC445A.243. Establishment of effluent limitation.

In establishing an effluent limitation to carry out the policy of this State set forth in NRS 445A.305, consideration must be given to, but is not limited by, the following:

     1. The effect of the discharge on the receiving waters and its beneficial use.

     2. The need for standards that specify by chemical, physical, biological or other characteristics the extent to which pollution by various substances will not be tolerated.

     3. Standards for water quality and effluent limitations promulgated from time to time by the United States Environmental Protection Agency, including the following:

     (a) Effluent limitations under §§ 301 and 302 of the Act, 33 U.S.C. §§ 1311 and 1312.

     (b) Standards of performance for new sources under § 306 of the Act, 33 U.S.C. § 1316.

     (c) Effluent standards, effluent prohibitions and pretreatment standards under § 307 of the Act, 33 U.S.C. § 1317.

     (d) Any more stringent limitations, including those:

          (1) Necessary to meet standards for water quality and treatment or schedules of compliance, established pursuant to any state law or regulation;

          (2) Necessary to meet any other federal law or regulation; or

          (3) Required to carry out any applicable standards for water quality.

Ê Such limitations must include any legally applicable requirements necessary to carry out total maximum daily loads established pursuant to § 303(d) of the Act, 33 U.S.C. § 1303(d), and incorporated in the continuing planning process approved under § 303(e) of the Act, 33 U.S.C. § 1303(e), and any regulations and guidelines issued thereunder.

     (e) Any more stringent legally applicable requirements necessary to comply with a plan approved pursuant to § 208(b) of the Act.

     4. In the application of water quality standards and limitations and other legally applicable requirements pursuant to subsection 3, the Director shall, for each issued NPDES permit, specify average and maximum daily quantitative limitations for the level of pollutants in the authorized discharge in terms of mass, except quantitative limitations that are not appropriately expressed in terms of mass, including, without limitation, pH, temperature and radiation.

     [Environmental Comm’n, Water Pollution Control Reg. § 2.4.2, eff. 5-2-78; A 12-20-79; §§ 2.4.2.1-2.4.2.3, eff. 5-2-78; §§ 5.2.1-5.2.1.6 & 5.3, eff. 2-26-75]—(NAC A 11-1-95; R020-99, 9-27-99)