NAC445A.424. Limitations on degradation of water; exemptions.

     1. A facility, regardless of size or type, may not degrade the waters of the State to the extent that:

     (a) The quality of surface water is lowered below that allowed by NRS 445A.565.

     (b) For groundwater:

          (1) The quality is lowered below a state or federal regulation prescribing standards for drinking water; or

          (2) The concentration of WAD cyanide exceeds 0.2 mg/l.

Ê The Department may establish a numerical limit for any constituent not regulated by subparagraphs (1) and (2) which may reasonably be expected to be discharged by the facility in sufficient volume and concentration to cause an adverse impact on human health.

     (c) The quality of those waters of the State which already exceed the criteria established by subsection 2 is lowered to a level that the Department finds would render those waters unsuitable for the existing or potential municipal, industrial, domestic or agricultural use.

     2. The Department may exempt a body of groundwater or portion thereof from the standards established in subsection 1 if the request for an exemption to the groundwater standards and the supporting information is submitted as part of the application for the permit. The following criteria will be considered by the Department in determining whether to exempt a potentially impacted body of groundwater from the standards in subsection 1:

     (a) The impacted groundwater does not currently serve as a source of drinking water and because of the following reasons the groundwater will not serve as a source of drinking water:

          (1) The groundwater produces a mineral, hydrocarbon or geothermal fluid which the applicant can demonstrate to the satisfaction of the Department exists at a concentration that is expected to be capable of commercial production and that releases by the facility will not affect this production;

          (2) The groundwater is situated at a depth or location which makes recovery of water for drinking economically or technologically impractical; or

          (3) It would be economically or technologically impractical to render the water fit for human consumption; or

     (b) The total dissolved solids in the groundwater is more than 10,000 milligrams per liter and the groundwater is not reasonably expected to become a supply of drinking water.

     (Added to NAC by Environmental Comm’n, eff. 9-1-89)—(Substituted in revision for NAC 445.24342)