NAC445A.441. Monitoring: Procedure upon variation in parameter or element being monitored.

If the Department determines that there has been a variation in a parameter or element being monitored by the site-monitoring system as required in NAC 445A.440 which is caused by the facility and has the potential to degrade the waters of the State:

     1. The holder of the permit shall conduct and submit an evaluation to the Department which:

     (a) Identifies the source and escape pathways of the elements of concern;

     (b) Determines the type, extent and ability of a system needed to contain or confine any migrating contaminant; and

     (c) Identifies methods which can be carried out to remediate the contamination during the continued operation of the facility or at permanent closure.

     2. The Department shall, based on the information provided pursuant to subsection 1:

     (a) Require the immediate shut down of the process component and the immediate initiation of cleanup activities;

     (b) Allow continued operation of the process component which is the source of the elements of concern with concurrent cleanup activities;

     (c) Allow continued operation of the process component which is the source of the elements of concern while requiring the facility to continue to control the migration of the contaminant while cleanup activities are postponed; or

     (d) Determine that no remedial action is warranted at the present time.

     (Added to NAC by Environmental Comm’n, eff. 9-1-89)—(Substituted in revision for NAC 445.24376)