NAC445A.415. Granting of permit which allows lower level of engineered containment than required by minimum design criteria.

After receiving a petition from an applicant, the Department may grant a permit which allows a lower level of engineered containment than is required in NAC 445A.434 to 445A.438, inclusive, if the applicant clearly demonstrates:

     1. That the groundwater at the facility is exempted from the standards established in paragraphs (b) and (c) of subsection 1 of NAC 445A.424;

     2. The following:

     (a) The depth from the surface to groundwater is greater than 200 feet and the upper portion of the existing geologic formation has a coefficient of permeability which is not more than that exhibited by 50 feet of material with a coefficient of permeability of 1x10-6 cm/sec;

     (b) No open fractured or faulted geologic conditions exist from the surface to the groundwater; and

     (c) All exploratory and condemnation borings beneath the site have been adequately sealed; or

     3. That the conditions which exist at the site may allow a lower level of designed containment and still ensure that the waters of the State will not be degraded by providing, in addition to the information required by NAC 445A.394 to 445A.398, inclusive:

     (a) An assessment of the combined effect of all relevant characteristics, including:

          (1) The depth to all groundwater and the distance to all surface water;

          (2) The hydrogeology and stratigraphy of the site; and

          (3) The quality, characteristics, and existing and potential beneficial uses of any ground and surface water which may be potentially affected by the proposed facility.

     (b) An engineering assessment of the combined effect of such relevant factors as:

          (1) The proposed design of each process component, including the type and thickness of the liner or base;

          (2) Other construction specifications;

          (3) The type of materials to be used and the methods for placement of those materials;

          (4) All structures, devices and techniques for controlling drainage and minimizing solution loss;

          (5) The method to be used for controlling the internal hydraulic head;

          (6) The system to detect and monitor leaks; and

          (7) The types of quality assurance and quality control procedures to be used.

     (c) An assessment of the potential for the facility to degrade the waters of the State, including an analysis of the potential for process fluids from each component to reach waters of the State, and the potential impact of such fluids on these waters.

Ê The Department may require the applicant to bear the cost of a third-party review of the application to determine whether it meets the requirements of this subsection. The Department shall develop and maintain a list of qualified reviewers from which the applicant can select. The Department must concur with the selection and all direction to the third party must be given by the Department. The time allotted to the Department to determine the completeness of an application pursuant to NAC 445A.401 may be extended by the amount of time necessary to complete the third-party review.

     (Added to NAC by Environmental Comm’n, eff. 9-1-89)—(Substituted in revision for NAC 445.2433)