NAC445A.317. Administration of controls by municipality: Determination of water pollution.

     1. If a municipality has been delegated authority to administer controls of diffuse sources, it must establish a program to administer the controls. The municipality may proceed with the administration only if its governing body or the Division first determines that there exists within or originates from the territory of the municipality water pollution from one or more diffuse sources and the pollution contributes to a violation of standards for water quality.

     2. Such a determination must be based on the results of surveying, sampling or testing the affected surface waters or pursuant to a written complaint by any person filed with the municipality and proof of damage to the person caused by pollution of those waters from a diffuse source. Any similar complaint filed with the Division or other state agency must be immediately referred to the appropriate municipality for prompt investigation and disposition.

     3. The municipality must determine the person who is responsible for each diffuse source of water pollution. The determination must be made by a resolution of the governing body. If necessary, further surveying, sampling and testing of the affected water and watershed may be made before the determination.

     4. To the extent feasible, the Division shall, upon written request, furnish a municipality with technical assistance in determining the existence of such water pollution.

     5. If the Division makes such a determination, it shall send a written notice of the determination, by registered or certified mail, to the governing body of the municipality.

     6. If the governing body is aggrieved by the determination of the Division, the governing body may appeal to the Commission for a hearing on the matter. Such an appeal must be in writing and filed with the Commission no later than 45 days after the date on which the governing body receives the notice.

     7. The Commission will conduct the hearing and decide the appeal or appoint a panel to do so.

     8. The decision of the Commission or panel constitutes a final administrative decision.

     [Environmental Comm’n, Diffuse Source Control Reg. §§ 3.1.1-3.1.4 & 3.1.7, eff. 10-16-80]—(Substituted in revision for NAC 445.211)